Local Government Act 2002 Amendment Act 2010

Crest

Local Government Act 2002 Amendment Act 2010

Public Act2010 No 124
Date of assent26 November 2010
Commencementsee section 2

Contents

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to principal Act

4 Interpretation

5 New section 11A inserted

6 Principles relating to local authorities

7 Statement of intent for council-controlled organisations

8 Outline of Part

9 Community views in relation to decisions

10 Special consultative procedure in relation to long-term council community plan

11 Use of special consultative procedure in relation to annual plan

12 Section 88 repealed

13 Sections 91 and 92 and heading above section 91 repealed

14 Audit of long-term council community plan

15 Certain decisions to be taken only if provided for in long-term council community plan

16 Audit of information in annual report and summary

17 New section 99A inserted

18 New section 101A inserted

19 New section 102 substituted

20 Revenue and financing policy

21 Liability management policy

22 Investment policy

23 Policy on development contributions or financial contributions

24 Section 107 repealed

25 Policy on remission and postponement of rates on Māori freehold land

26 Rates remission policy

27 Rates postponement policy

28 Information to be prepared in accordance with generally accepted accounting practice

29 Requirement to assess water and other sanitary services

30 Sections 126 to 129 repealed

31 Obligation to maintain water services

32 New section 136 substituted

33 Joint local government arrangements and joint arrangements with other entities

34 Conditions applying to sale or exchange of endowment property

35 Local authority may execute works if owner or occupier defaults

36 Obstruction of enforcement officers or agents of local authority

37 Part heading amended

38 New heading inserted

39 Regulations

40 New sections 259A and 259B inserted

41 New heading inserted

42 New headings and sections 261A to 261H inserted

Rules for performance measures

Incorporation by reference

43 Section 279 repealed

44 Sections 281 and 282 repealed

45 Section 288 repealed

46 Schedule 7 amended

47 New clause 10 added in Schedule 8

48 New Schedule 10 substituted

Part 2
Consequential amendments and transitional provisions

49 Other amendments to principal Act

50 Consequential amendments to other enactments

Transitional provisions

51 Transitional provision for long-term plan beginning on 1 July 2009

52 Transitional provision for annual plans

53 Transitional provision for audit of information in annual report and summary

54 Transitional provision for pre-election report

55 Transitional provision for identification and reporting of community outcomes

56 Transitional provision for review of certain funding and financial policies

Schedule 1
New Schedule 10 substituted

Schedule 2
Other amendments to principal Act

Schedule 3
Consequential amendments to other enactments


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Local Government Act 2002 Amendment Act 2010.

2 Commencement
  • (1) Section 17 comes into force on 1 July 2011.

    (2) The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended

Part 1
Amendments to principal Act

4 Interpretation
  • (1) Section 5(1) is amended by repealing the definition of community outcomes and substituting the following definition:

    community outcomes means the outcomes that a local authority aims to achieve in order to promote the social, economic, environmental, and cultural well-being of its district or region, in the present and for the future.

    (2) Section 5(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    equity security has the meaning given to it in section 2 of the Securities Act 1978

    natural hazard has the meaning given to it in section 2(1) of the Resource Management Act 1991

    reserve fund means money set aside by a local authority for a specific purpose.

5 New section 11A inserted
  • The following section is inserted after section 11:

    11A Core services to be considered in performing role
    • In performing its role, a local authority must have particular regard to the contribution that the following core services make to its communities:

      • (a) network infrastructure:

      • (b) public transport services:

      • (c) solid waste collection and disposal:

      • (d) the avoidance or mitigation of natural hazards:

      • (e) libraries, museums, reserves, recreational facilities, and other community infrastructure.

6 Principles relating to local authorities
  • Section 14(1) is amended by inserting the following paragraph after paragraph (f):

    • (fa) a local authority should periodically—

      • (i) assess the expected returns to the authority from investing in, or undertaking, a commercial activity; and

      • (ii) satisfy itself that the expected returns are likely to outweigh the risks inherent in the investment or activity; and.

7 Statement of intent for council-controlled organisations
  • Section 64(1) is amended by omitting clause 9 and substituting clauses 9 and 10.

8 Outline of Part
9 Community views in relation to decisions
10 Special consultative procedure in relation to long-term council community plan
11 Use of special consultative procedure in relation to annual plan
  • Section 85(2)(a) is amended by omitting clause 2(2) and substituting clauses 3 to 5.

12 Section 88 repealed
13 Sections 91 and 92 and heading above section 91 repealed
  • Sections 91 and 92 and the heading above section 91 are repealed.

14 Audit of long-term council community plan
15 Certain decisions to be taken only if provided for in long-term council community plan
16 Audit of information in annual report and summary
  • Section 99 is amended by repealing subsection (1) and substituting the following subsection:

    • (1) In addition to the information required by Part 3 of Schedule 10, the annual report must contain the auditor's report on—

      • (a) the financial statements referred to in clause 29 of Schedule 10; and

      • (b) the statement about budgeted and actual capital expenditure referred to in clause 24 of Schedule 10; and

      • (c) the funding impact statement referred to in clause 30 of Schedule 10; and

      • (d) the local authority's compliance with the requirements of Schedule 10 that are applicable to the annual report.

17 New section 99A inserted
  • The following section is inserted after section 99:

    99A Pre-election report
    • (1) The chief executive of a local authority must prepare a pre-election report containing the information required by clause 36 of Schedule 10.

      (2) However, the chief executive of a local authority that has an ordinarily resident population of fewer than 20,000 people need not comply with clause 36(1)(a) and (2) of Schedule 10 for the financial year ending in the same year as the election.

      (3) Instead of complying with clause 36(1)(a) and (2) of Schedule 10, the chief executive of the local authority referred to in subsection (2) may include in a pre-election report the information set out in clause 37 of Schedule 10.

      (4) The purpose of a pre-election report is to provide information to promote public discussion about the issues facing the local authority.

      (5) A pre-election report must be completed and published no later than the day that is 2 weeks before the nomination day for a triennial general election of members of a local authority under the Local Electoral Act 2001.

      (6) A pre-election report must not contain a statement by, or a photograph of, an elected member of the local authority.

18 New section 101A inserted
  • The following section is inserted after section 101:

    101A Financial strategy
    • (1) A local authority must, as part of its long-term plan, prepare and adopt a financial strategy for all of the consecutive financial years covered by the long-term plan.

      (2) The purpose of the financial strategy is to facilitate—

      • (a) prudent financial management by the local authority by providing a guide for the local authority to consider proposals for funding and expenditure against; and

      • (b) consultation on the local authority's proposals for funding and expenditure by making transparent the overall effects of those proposals on the local authority's services, rates, debt, and investments.

      (3) The financial strategy adopted under this section must—

      • (a) include a statement of the factors that are expected to have a significant impact on the local authority during the consecutive financial years covered by the strategy, including—

        • (i) the expected changes in population and the use of land in the district or region, and the capital and operating costs of providing for those changes; and

        • (ii) the expected capital expenditure on network infrastructure, flood protection, and flood control works that is required to maintain existing levels of service currently provided by the local authority; and

        • (iii) other significant factors affecting the local authority's ability to maintain existing levels of service and to meet additional demands for services; and

      • (b) include a statement of the local authority's—

        • (i) quantified limits on rates, rate increases, and borrowing; and

        • (ii) assessment of its ability to provide and maintain existing levels of service and to meet additional demands for services within those limits; and

      • (c) specify the local authority's policy on the giving of securities for its borrowing; and

      • (d) specify the local authority's objectives for holding and managing financial investments and equity securities and its quantified targets for returns on those investments and equity securities.

19 New section 102 substituted
  • Section 102 is repealed and the following section substituted:

    102 Funding and financial policies
    • (1) A local authority must, in order to provide predictability and certainty about sources and levels of funding, adopt the funding and financial policies listed in subsection (2).

      (2) The policies are—

      • (a) a revenue and financing policy; and

      • (b) a liability management policy; and

      • (c) an investment policy; and

      • (d) a policy on development contributions or financial contributions; and

      • (e) a policy on the remission and postponement of rates on Māori freehold land.

      (3) A local authority may adopt either or both of the following policies:

      • (a) a rates remission policy:

      • (b) a rates postponement policy.

      (4) A local authority—

      • (a) must use the special consultative procedure in adopting a policy under this section:

      • (b) may amend a policy adopted under this section at any time using the special consultative procedure.

      (5) However, subsection (4) does not apply to—

      • (a) a liability management policy:

      • (b) an investment policy.

20 Revenue and financing policy
  • (1) Section 103(1) is amended by omitting section 102(4)(a) and substituting section 102(1).

    (2) Section 103(3) is amended by omitting section 102(4)(a) and substituting section 102(1).

    (3) Section 103 is amended by adding the following subsection:

    • (4) If a local authority amends its revenue and financing policy under section 93(4), only a significant amendment to the policy is required to be audited in accordance with sections 84(4) and 94(1).

21 Liability management policy
22 Investment policy
  • (1) Section 105 is amended by omitting section 102(4)(c) and substituting section 102(1).

    (2) Section 105(a) is repealed.

23 Policy on development contributions or financial contributions
  • (1) Section 106(2) is amended by omitting section 102(4)(d) and substituting section 102(1).

    (2) Section 106 is amended by adding the following subsection:

    • (6) A policy adopted under section 102(1) must be reviewed at least once every 3 years using the special consultative procedure.

24 Section 107 repealed
25 Policy on remission and postponement of rates on Māori freehold land
  • (1) Section 108 is amended by omitting section 102(4)(f) in each place where it appears and substituting in each case section 102(1).

    (2) Section 108 is amended by inserting the following subsection after subsection (4):

    • (4A) A policy adopted under section 102(1) must be reviewed at least once every 6 years using the special consultative procedure.

26 Rates remission policy
  • (1) Section 109 is amended by omitting section 102(5)(a) in each place where it appears and substituting in each case section 102(3)(a).

    (2) Section 109 is amended by inserting the following subsection after subsection (2):

    • (2A) If a policy is adopted under section 102(3)(a), the policy—

      • (a) must be reviewed at least once every 6 years using the special consultative procedure; and

      • (b) may be revoked following the review under paragraph (a).

27 Rates postponement policy
  • (1) Section 110 is amended by omitting section 102(5)(b) in each place where it appears and substituting in each case section 102(3)(b).

    (2) Section 110 is amended by inserting the following subsection after subsection (2):

    • (2A) If a policy is adopted under section 102(3)(b), the policy—

      • (a) must be reviewed at least once every 6 years using the special consultative procedure; and

      • (b) may be revoked following the review under paragraph (a).

28 Information to be prepared in accordance with generally accepted accounting practice
  • Section 111 is amended by adding the following subsection as subsection (2):

    • (2) Subsection (1) does not apply to the preparation of a funding impact statement.

29 Requirement to assess water and other sanitary services
  • Section 125(1) is amended by omitting in accordance with sections 126 and 127,.

30 Sections 126 to 129 repealed
31 Obligation to maintain water services
  • Section 130(3)(d)(ii) is amended by omitting section 194 and substituting section 69S of the Health Act 1956.

32 New section 136 substituted
  • Section 136 is repealed and the following section substituted:

    136 Contracts relating to provision of water services
    • (1) Despite section 130(2), a local government organisation may enter into contracts for any aspect of the operation of all or part of a water service for a term not longer than 35 years.

      (2) If a local government organisation enters into a contract under subsection (1), it must—

      • (a) continue to be legally responsible for providing the water services; and

      • (b) retain control over the following matters:

        • (i) the pricing of water services; and

        • (ii) the development of policy related to the delivery of water services.

      (3) This section does not limit contracts in relation to water services that are entered into solely between local government organisations.

33 Joint local government arrangements and joint arrangements with other entities
  • (1) Section 137(2) is amended by repealing paragraph (a) and substituting the following paragraph:

    • (a) a joint arrangement for a term not longer than 35 years (except a concession or other franchise agreement relating to the provision of the water services or any aspect of the water services):.

    (2) Section 137(3)(b) is amended by omitting ; and.

    (3) Section 137(3)(c) is repealed.

    (4) Section 137 is amended by repealing subsection (4) and substituting the following subsections:

    • (4) If a local government organisation enters into a joint arrangement under subsection (2)(a), it must—

      • (a) continue to be legally responsible for providing the water services; and

      • (b) retain control over the following matters:

        • (i) the pricing of water services; and

        • (ii) the development of policy related to water services; and

      • (c) after the end of the joint arrangement, retain ownership of all the infrastructure associated with the water service, whether or not the infrastructure was—

        • (i) provided by the local government organisation at the beginning of the joint arrangement; or

        • (ii) developed or purchased during the joint arrangement; and

      • (d) not sell or transfer ownership of any existing infrastructure associated with the water service, unless the local government organisation reasonably believes that the sale is—

        • (i) incidental to the joint arrangement; and

        • (ii) desirable for the success of the joint arrangement.

    • (5) In this section, concession or other franchise agreement means an agreement under which a person other than the local government organisation is entitled to receive a payment from any person other than the local government organisation for the supply of the water service.

34 Conditions applying to sale or exchange of endowment property
35 Local authority may execute works if owner or occupier defaults
  • (1) Section 186(1)(b) is amended by omitting territorial and substituting local.

    (2) Section 186(5)(b) is amended by omitting subsection (1) and substituting subsection (2).

36 Obstruction of enforcement officers or agents of local authority
37 Part heading amended
  • The heading to Part 11 is amended by omitting and other Orders in Council and substituting , other Orders in Council, and rules.

38 New heading inserted
  • The following heading is inserted before section 259:

    Regulations.

39 Regulations
  • (1) Section 259 is amended by inserting the following paragraphs after paragraph (d):

    • (da) prescribing matters, not inconsistent with generally accepted accounting practice, that must be specified in a financial statement and the manner in which they must be specified:

    • (db) prescribing forms for the funding impact statements to be included in the long-term plan, annual plan, and annual report:.

    (2) Section 259 is amended by adding the following subsection as subsection (2):

    • (2) Regulations made under subsection (1)(db) may specify in greater detail the information required to be included in a funding impact statement by Schedule 10.

40 New sections 259A and 259B inserted
  • The following sections are inserted after section 259:

    259A Levy to fund rules for performance measures
    • (1) Regulations may be made under section 259 providing for the imposition and collection of a levy on local authorities.

      (2) The purpose of the levy is to recover all or part of the reasonable cost of making rules specifying performance measures.

      (3) Regulations made for the purpose of this section may—

      • (a) specify the categories of local authorities that are liable to pay the levy:

      • (b) prescribe the amount or method of calculation of the levy:

      • (c) prescribe different amounts or methods of calculation of the levy in relation to different categories of local authority:

      • (d) provide for the manner in which the levy is collected.

      (4) All levy money collected under this section must be paid into a Crown Bank Account.

      (5) Any levy—

      • (a) must be reasonable having regard to the expenses incurred or to be incurred by the Secretary in relation to the making of rules under section 261B; and

      • (b) is payable to the Secretary and recoverable in a court of competent jurisdiction as a debt due to the Secretary.

      (6) The Minister may recommend the making of regulations that impose a levy only if the Minister has first consulted the New Zealand Local Government Association Incorporated.

    259B Power to refund levy
    • The Secretary may refund the whole or any part of the levy if the Secretary is satisfied that the amount of levy money collected exceeds the amount necessary to fulfil the purpose of the levy stated in section 259A(2).

41 New heading inserted
  • The following heading is inserted before section 260:

    Other Orders in Council.

42 New headings and sections 261A to 261H inserted
  • The following headings and sections are inserted after section 261:

    Rules for performance measures

    261A Purpose of rules specifying performance measures
    • The purpose of rules made under section 261B is to provide standard performance measures that are applicable to local authorities so that the public may compare the level of service provided in relation to a group of activities by different local authorities.

    261B Secretary must make rules specifying performance measures
    • (1) The Secretary must, as soon as is reasonably practicable, make rules specifying performance measures in relation to the following groups of activities:

      • (a) water supply:

      • (b) sewerage and the treatment and disposal of sewage:

      • (c) stormwater drainage:

      • (d) flood protection and control works:

      • (e) the provision of roads and footpaths.

      (2) Before making a rule under subsection (1), the Secretary must—

      • (a) consider whether an existing performance measure is suitable for the purpose; and

      • (b) have regard to whether a performance measure—

        • (i) measures the level of service for a major aspect of the group of activities; and

        • (ii) addresses an aspect of the service that is of widespread interest in the communities to which a service in relation to the group of activities is provided; and

        • (iii) contributes to the effective and efficient management of the group of activities.

      (3) Before making a rule, the Secretary must—

      • (a) consult every local authority; and

      • (b) publish in the Gazette, and in all of the daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin, a notice of his or her intention to make the rule; and

      • (c) give interested persons a reasonable time, which must be specified in the notice, to make submissions on the proposal; and

      • (d) consult any other persons or groups as the Secretary considers appropriate.

      (4) The Secretary must—

      • (a) make copies of the rules available for purchase at a reasonable price; and

      • (b) make copies of the rules available free of charge, at all reasonable times, on an Internet site maintained by, or on behalf of, the Secretary; and

      • (c) give notice in the Gazette that—

        • (i) the rules have been made; and

        • (ii) copies of the rules may be purchased and the place at which they may be purchased; and

        • (iii) the rules are available on an Internet site, free of charge, and state the Internet site address.

      (5) A rule comes into force 28 days after the date of its notification in the Gazette or on such later date as may be specified in the rule.

    261C Status of rules
    • A rule made under section 261B is a regulation for the purposes of the Regulations (Disallowance) Act 1989 but not for the purposes of the Acts and Regulations Publication Act 1989.

    Incorporation by reference

    261D Incorporation of documents by reference in rules
    • (1) The following written material may be incorporated by reference in a rule made under section 261B:

      • (a) standards, requirements, or recommended practices of international or national organisations:

      • (b) standards, requirements, or recommended practices prescribed in any country or jurisdiction:

      • (c) any other written material that deals with technical matters and that is too large or impractical to include in, or print as part of, the rule.

      (2) Material may be incorporated by reference in a rule—

      • (a) in whole or in part; and

      • (b) with modifications or additions specified in the rule.

      (3) Material incorporated by reference in a rule has legal effect as part of the rule.

    261E Proof of material incorporated by reference
    • (1) A copy of material incorporated by reference in a rule, including any amendment to, or replacement of, the material, must be—

      • (a) certified by the Secretary as a correct copy of the material incorporated by reference; and

      • (b) retained by the Secretary.

      (2) The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence that the material is incorporated by reference in the rule.

    261F Effect of change to, or expiry of, material incorporated by reference
    • (1) This section applies to—

      • (a) an amendment to, or a replacement of, material incorporated by reference in a rule:

      • (b) material incorporated by reference in a rule if the material expires, is revoked, or ceases to have effect.

      (2) The amendment or replacement has legal effect as part of the rule only if the rule is varied to state that the amendment or replacement has that effect.

      (3) The material described in subsection (1)(b) ceases to have legal effect as part of the rule only if the rule is varied to state that the material ceases to have effect.

    261G Consultation on proposal to incorporate material by reference
    • (1) Before a rule is made under section 261B, the Secretary—

      • (a) must make copies of any material proposed to be incorporated by reference in the rule (or the proposed amendment to, or replacement of, material incorporated by reference in the rule) (the proposed material) available for inspection, free of charge, during working hours at the offices of the Secretary; and

      • (b) must make copies of the proposed material available for purchase at a reasonable price; and

      • (c) must make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the Secretary, unless doing so would infringe copyright; and

      • (d) may make copies of the proposed material available in any way that the Secretary considers appropriate in the circumstances; and

      • (e) must give notice in the Gazette stating—

        • (i) that the proposed material is available for inspection during working hours and free of charge, the place at which it can be inspected, and the period during which it can be inspected; and

        • (ii) that copies of the proposed material can be purchased and the place at which they can be purchased; and

        • (iii) if applicable, that the proposed material is available on the Internet free of charge and the Internet site address; and

      • (f) must allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and

      • (g) must consider any comments made.

      (2) The reference in subsection (1) to any material proposed to be incorporated by reference in a rule includes, if the material is not in an official New Zealand language, an accurate translation of that material in an official New Zealand language.

      (3) A failure to comply with this section does not invalidate a rule that incorporates material by reference.

    261H Access to material incorporated by reference
    • (1) The Secretary—

      • (a) must make the material referred to in subsection (2) available for inspection during working hours, free of charge, at the offices of the Secretary; and

      • (b) must make copies of the incorporated material available for purchase at a reasonable price; and

      • (c) must make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Secretary, unless doing so would infringe copyright; and

      • (d) may make copies of the incorporated material available in any other way that the Secretary considers appropriate in the circumstances; and

      • (e) must give notice in the Gazette stating—

        • (i) that the material is incorporated in the rule and the date on which the rule was made; and

        • (ii) that the material is available for inspection during working hours free of charge and the place at which it can be inspected; and

        • (iii) that copies of the material can be purchased and the place at which they can be purchased; and

        • (iv) that the material is available on the Internet and free of charge, and the Internet site address; and

        • (v) if copies of the material are available under paragraph (d), how and where the copies may be obtained or accessed.

      (2) The material referred to in subsection (1) is—

      • (a) material incorporated by reference in the rule:

      • (b) any amendment to, or replacement of, that material that is incorporated in the rule or the material referred to in paragraph (a) with the amendments or replacement material incorporated:

      • (c) if the material referred to in paragraph (a) is not in an official New Zealand language, as well as the material itself, an accurate translation of that material in an official New Zealand language.

      (3) A failure to comply with this section does not invalidate a rule that incorporates material by reference.

43 Section 279 repealed
44 Sections 281 and 282 repealed
45 Section 288 repealed
46 Schedule 7 amended
  • Clause 39(1) of Schedule 7 is amended by omitting out of the general revenues of the district.

47 New clause 10 added in Schedule 8
  • Schedule 8 is amended by adding the following clause:

    10 Additional content of statements of intent
    • (1) This clause applies to a council-controlled organisation that provides services in relation to the following groups of activities:

      • (a) water supply:

      • (b) sewerage and the treatment and disposal of sewage:

      • (c) stormwater drainage:

      • (d) flood protection and control works:

      • (e) the provision of roads and footpaths.

      (2) The council-controlled organisation's statement of intent must, in relation to each group of activities described in subclause (1), include a statement of the intended levels of service provision that complies with clause 4(a) and (c) of Schedule 10 as if—

      • (a) the reference to a long-term plan were a reference to the statement of intent; and

      • (b) the reference to a local authority were a reference to a council-controlled organisation.

48 New Schedule 10 substituted
  • Schedule 10 is repealed and the schedule set out in Schedule 1 of this Act is substituted.

Part 2
Consequential amendments and transitional provisions

49 Other amendments to principal Act
  • The principal Act is amended in the manner set out in Schedule 2 of this Act.

50 Consequential amendments to other enactments
  • The enactments listed in Schedule 3 are amended in the manner set out in that schedule.

Transitional provisions

51 Transitional provision for long-term plan beginning on 1 July 2009
  • (1) This section applies to a long-term plan beginning on 1 July 2009 and still in force at the commencement of this section.

    (2) The amendments made by this Act to Schedule 10 of the principal Act do not apply to a long-term plan specified in subsection (1), and nothing in this Act requires that long-term plan to be amended to ensure it complies with the requirements of the principal Act as amended by this Act.

    (3) Until a local authority has adopted a financial strategy under section 101A of the principal Act (as inserted by section 18 of this Act), it must amend its liability management policy or investment policy only as an amendment to its long-term plan as if the amendments enacted by this Act had not been made.

52 Transitional provision for annual plans
  • (1) This section applies to an annual plan that relates to the period—

    • (a) 1 July 2010 to 30 June 2011; or

    • (b) 1 July 2011 to 30 June 2012.

    (2) The amendments made by this Act to section 85(2)(a) and Schedule 10 of the principal Act do not apply to an annual plan specified in subsection (1), and nothing in this Act requires that annual plan to be amended to ensure it complies with the requirements of the principal Act as amended by this Act.

53 Transitional provision for audit of information in annual report and summary
  • (1) This section applies to an annual report that relates to the period—

    • (a) 1 July 2009 to 30 June 2010; or

    • (b) 1 July 2010 to 30 June 2011; or

    • (c) 1 July 2011 to 30 June 2012.

    (2) The amendments made by this Act to Schedule 10 of the principal Act do not apply to an annual report specified in subsection (1).

    (3) The amendments made by this Act to section 99 of the principal Act do not apply to the auditor's report on the annual reports specified in subsection (1).

54 Transitional provision for pre-election report
  • (1) Despite section 99A of the principal Act (as inserted by section 17 of this Act), a pre-election report required in relation to the triennial general election of local authorities in 2013 need not comply with clause 36(1)(a)(i) and (iii) of Schedule 10 of the principal Act (as substituted by this Act), but must instead include—

    • (a) the funding impact statement referred to in clause 30 of Schedule 10 of the principal Act (as substituted by this Act) for the financial year ending in 2013; and

    • (b) a summary of cash flows based on the financial statements referred to in clause 29 of Schedule 10 of the principal Act (as substituted by this Act) for the last 3 years ending before the date of the election in 2013.

    (2) The summary of cash flows must disclose income from rates and payments for property, plant, equipment, and intangible assets separately.

55 Transitional provision for identification and reporting of community outcomes
  • A local authority is not required to comply with, or complete the compliance with, an obligation under section 91 or 92 of the principal Act that existed before the repeal of those provisions by section 13 of this Act.

56 Transitional provision for review of certain funding and financial policies
  • (1) This section applies to a review of the following policies:

    • (a) a local authority's policy on the remission and postponement of rates on Māori freehold land under section 108(4A) of the principal Act (as inserted by section 25 of this Act):

    • (b) a local authority's rates remission policy under section 109(2A) of the principal Act (as inserted by section 26 of this Act):

    • (c) a local authority's rates postponement policy under section 110(2A) of the principal Act (as inserted by section 27 of this Act).

    (2) A policy specified in subsection (1) is to be treated as having been last reviewed on the date that the local authority adopted its long-term plan for the period beginning on 1 July 2009.


Schedule 1
New Schedule 10 substituted

s 48

Schedule 10
Long-term plans, annual plans, and annual reports

ss 5(2), 75(f), 85(2), 93(7)(b), 95(6)(c), 98(1), 99A(1)

Contents


Part 1
Information to be included in long-term plans

1 Community outcomes
  • A long-term plan must, to the extent determined appropriate by the local authority, describe the community outcomes for the local authority's district or region.

2 Groups of activities
  • (1) A long-term plan must, in relation to each group of activities of the local authority,—

    • (a) identify the activities within the group of activities:

    • (b) identify the rationale for delivery of the group of activities (including the community outcomes to which the group of activities primarily contributes):

    • (c) outline any significant negative effects that any activity within the group of activities may have on the social, economic, environmental, or cultural well-being of the local community:

    • (d) include the information specified in clauses 4 and 5—

      • (i) in detail in relation to each of the first 3 financial years covered by the plan; and

      • (ii) in outline in relation to each of the subsequent financial years covered by the plan.

    (2) In this schedule, each of the following activities is a group of activities:

    • (a) water supply:

    • (b) sewerage and the treatment and disposal of sewage:

    • (c) stormwater drainage:

    • (d) flood protection and control works:

    • (e) the provision of roads and footpaths.

    (3) Despite subclause (2), a local authority may treat any other activities as a group of activities.

3 Capital expenditure for groups of activities
  • (1) A long-term plan must, in relation to each group of activities of the local authority and for each financial year covered by the plan, include a statement of the amount of capital expenditure that the authority has budgeted to—

    • (a) meet additional demand for an activity; and

    • (b) improve the level of service; and

    • (c) replace existing assets.

    (2) For the purpose of this clause, capital expenditure budgeted for 2 or all of the purposes in subclause (1) must be treated as if it were made solely in relation to the primary purpose of the expenditure.

4 Statement of service provision
  • A long-term plan must, in relation to each group of activities of the local authority, include a statement of the intended levels of service provision that specifies—

    • (a) any performance measures specified in a rule made under section 261B for a group of activities described in clause 2(2); and

    • (b) the performance measures that the local authority considers will enable the public to assess the level of service for major aspects of groups of activities for which performance measures have not been specified under paragraph (a); and

    • (c) the performance target or targets set by the local authority for each performance measure; and

    • (d) any intended changes to the level of service that was provided in the year before the first year covered by the plan and the reasons for the changes; and

    • (e) the reason for any material change to the cost of a service.

5 Funding impact statement for groups of activities
  • (1) A long-term plan must, in relation to each year covered by the plan, include a funding impact statement in relation to each group of activities of the local authority.

    (2) The funding impact statement must be in the prescribed form and must identify—

    • (a) the sources of funding to be used by the local authority; and

    • (b) the amount of funds expected to be produced from each source; and

    • (c) how the funds are to be applied.

6 Variation between territorial authority's long-term plan and assessment of water and sanitary services and waste management plans
  • A long-term plan for a territorial authority must identify and explain any significant variation between the proposals outlined in the long-term plan and the territorial authority's—

    • (a) assessment of water and other sanitary services under section 125:

    • (b) waste management and minimisation plans adopted under section 43 of the Waste Minimisation Act 2008.

7 Council-controlled organisations
  • A long-term plan must, in relation to each council-controlled organisation,—

    • (a) name the council-controlled organisation and any subsidiary of the council-controlled organisation; and

    • (b) identify—

      • (i) the local authority's significant policies and objectives in relation to ownership and control of the organisation; and

      • (ii) the nature and scope of the activities to be provided by the council-controlled organisation; and

      • (iii) the key performance targets and other measures by which performance is to be judged.

8 Development of Māori capacity to contribute to decision-making processes
  • A long-term plan must set out any steps that the local authority intends to take, having undertaken the consideration required by section 81(1)(b), to foster the development of Māori capacity to contribute to the decision-making processes of the local authority over the period covered by that plan.

9 Financial strategy
  • A long-term plan must include a local authority's financial strategy adopted under section 101A.

10 Revenue and financing policy
  • A long-term plan must include a local authority's revenue and financing policy adopted under section 102(1).

11 Determining significance
  • A long-term plan must contain a summary of the local authority's policy on determining significance under the Act.

12 Forecast financial statements
  • (1) A long-term plan must include, for each of the financial years covered by the plan, forecast financial statements for the local authority.

    (2) A long-term plan may include, for each of the financial years covered by the plan, or for any of those years, forecast financial statements for any council-controlled organisation or any other entity under the local authority's control.

13 Financial statements for previous year
  • (1) A long-term plan must include the numerical information from the forecast financial statements referred to in clause 12(1) that were prepared for the financial year that is the year before the first year covered by the plan.

    (2) The numerical information must be presented in a way that allows the public to compare the information with the numerical information contained in the forecast financial statements for each of the financial years covered by the plan.

14 Statement concerning balancing of budget
  • If the local authority has resolved, under section 100(2), not to balance its operating budget in any year covered by the long-term plan, the plan must include—

    • (a) a statement of the reasons for the resolution and any other matters taken into account; and

    • (b) a statement of the implications of the decision.

15 Funding impact statement
  • (1) A long-term plan must include a funding impact statement in relation to each year covered by the plan.

    (2) The funding impact statement must be in the prescribed form and must identify—

    • (a) the sources of funding to be used by the local authority; and

    • (b) the amount of funds expected to be produced from each source; and

    • (c) how the funds are to be applied.

    (3) If the sources of funding include a general rate, the funding impact statement must—

    • (a) include particulars of the valuation system on which the general rate is to be assessed; and

    • (b) state whether a uniform annual general charge is to be included and, if so,—

      • (i) how the charge is to be calculated; and

      • (ii) the local authority's definition of a separately used or inhabited part of a rating unit, if the charge is to be calculated on that basis; and

    • (c) state whether the general rate is to be set differentially and, if so,—

      • (i) the categories of rateable land, within the meaning of section 14 of the Local Government (Rating) Act 2002, to be used; and

      • (ii) the objectives of the differential rate, in terms of the total revenue sought from each category of rateable land or the relationship between the rates set on rateable land in each category.

    (4) If the sources of funding include a targeted rate, the funding impact statement must—

    • (a) specify the activities or groups of activities for which the targeted rate is to be set; and

    • (b) include particulars of the category, or categories, of rateable land, within the meaning of section 17 of the Local Government (Rating) Act 2002, to be used; and

    • (c) for each category, state—

      • (i) how liability for the targeted rate is to be calculated; and

      • (ii) the local authority's definition of a separately used or inhabited part of a rating unit, if the rate is to be calculated on that basis; and

    • (d) if the targeted rate is set differentially, state the total revenue sought from each category of rateable land or the relationship between the rates set on rateable land in each category; and

    • (e) state whether lump sum contributions will be invited in respect of the targeted rate.

    (5) If the sources of funding include a general rate or a targeted rate, the funding impact statement must, for the first year covered by the long-term plan, include examples of the impact of the rating proposals in subclauses (3) and (4) on the rates assessed on different categories of rateable land with a range of property values.

    (6) If the same source of funding is to be used in more than 1 of the years covered by the long-term plan, in order to comply with subclauses (2)(a), (3), and (4) with respect to that source, it is sufficient—

    • (a) to comply with those subclauses in relation to 1 of those years; and

    • (b) for the funding impact statement to specify the other years in respect of which that source is to be used.

16 Reserve funds
  • A long-term plan must identify each reserve fund set aside by the local authority and, in relation to each fund, specify—

    • (a) the purpose of the fund; and

    • (b) the activities to which the fund relates; and

    • (c) the amount expected to be in the fund at—

      • (i) the commencement of the first year to which the long-term plan relates; and

      • (ii) the end of the last year to which the long-term plan relates; and

    • (d) the amount expected to be deposited in the fund in the period to which the long-term plan relates; and

    • (e) the amount expected to be withdrawn from the fund in the period to which the long-term plan relates.

17 Significant forecasting assumptions
  • A long-term plan must clearly identify—

    • (a) all the significant forecasting assumptions and risks underlying the financial estimates:

    • (b) without limiting the generality of paragraph (a), the following assumptions on which the financial estimates are based:

      • (i) the assumptions of the local authority concerning the useful life of significant assets; and

      • (ii) the assumptions of the local authority concerning sources of funds for the future replacement of significant assets:

    • (c) in any case where significant forecasting assumptions involve a high level of uncertainty,—

      • (i) the fact of that uncertainty; and

      • (ii) an estimate of the potential effects of that uncertainty on the financial estimates provided.

Part 2
Information to be included in annual plan

18 Forecast financial statements
  • (1) An annual plan must include, for the financial year to which the plan relates, forecast financial statements for the local authority.

    (2) An annual plan may include, for the financial year to which the plan relates, forecast financial statements for any council-controlled organisation or any other entity under the local authority's control.

19 Financial statements for previous year
  • (1) An annual plan must include the numerical information from the forecast financial statements referred to in clause 18(1) that were prepared for the financial year that is the year before the year covered by the plan.

    (2) The numerical information described in subclause (1) must be presented in a way that allows the public to compare the information with the numerical information contained in the forecast financial statements for the financial year covered by the plan.

20 Funding impact statement
  • (1) An annual plan must include a funding impact statement for the year to which the plan relates.

    (2) The funding impact statement must be in the prescribed form and must identify—

    • (a) the sources of funding to be used by the local authority; and

    • (b) the amount of funds expected to be produced from each source; and

    • (c) how the funds are to be applied.

    (3) If the sources of funding include a general rate, the funding impact statement must—

    • (a) include particulars of the valuation system on which the general rate is to be assessed; and

    • (b) state whether a uniform annual general charge is to be included and, if so,—

      • (i) how the charge is to be calculated; and

      • (ii) the local authority's definition of a separately used or inhabited part of a rating unit, if the charge is to be calculated on that basis; and

    • (c) state whether the general rate is to be set differentially and, if so,—

      • (i) the categories of rateable land, within the meaning of section 14 of the Local Government (Rating) Act 2002, to be used; and

      • (ii) the objectives of the differential rate, in terms of the total revenue sought from each category of rateable land or the relationship between the rates set on rateable land in each category.

    (4) If the sources of funding include a targeted rate, the funding impact statement must—

    • (a) specify the activities or groups of activities for which the targeted rate is to be set; and

    • (b) include particulars of the category, or categories, of rateable land, within the meaning of section 17 of the Local Government (Rating) Act 2002, to be used; and

    • (c) for each category, state—

      • (i) how liability for the targeted rate is to be calculated; and

      • (ii) the local authority's definition of a separately used or inhabited part of a rating unit, if the rate is to be calculated on that basis; and

    • (d) if the targeted rate is set differentially, state the total revenue sought from each category of rateable land or the relationship between the rates set on rateable land in each category; and

    • (e) state whether lump sum contributions will be invited in respect of the targeted rate.

    (5) If the sources of funding include a general rate or a targeted rate, the funding impact statement must include examples of the impact of the rating proposals in subclauses (3) and (4) on the rates assessed on different categories of rateable land with a range of property values.

21 Reserve funds
  • An annual plan must, for the year to which the plan relates, identify each reserve fund set aside by the local authority and, in relation to each fund, specify—

    • (a) the purpose of the fund; and

    • (b) the activities to which the fund relates; and

    • (c) the amount expected to be in the fund at—

      • (i) the commencement of the year; and

      • (ii) the end of the year; and

    • (d) the amount expected to be deposited in the fund during that year; and

    • (e) the amount expected to be withdrawn from the fund during that year.

22 Annual plan and amendment of long-term plan
  • To avoid doubt, a local authority may prepare and adopt the annual plan at the same time as it amends the long-term plan.

Part 3
Information to be included in annual reports

23 Groups of activities
  • An annual report must, in relation to each group of activities of the local authority,—

    • (a) identify the activities within the group of activities; and

    • (b) identify the community outcomes to which the group of activities primarily contributes; and

    • (c) report the results of any measurement undertaken during the year of progress towards the achievement of those outcomes; and

    • (d) describe any identified effects that any activity within the group of activities has had on the social, economic, environmental, or cultural well-being of the community.

24 Capital expenditure for groups of activities
  • (1) An annual report must, in relation to each group of activities, include an audited statement comparing the capital expenditure budgeted by the local authority (as set out in the long-term plan or annual plan for the financial year) with the amount spent.

    (2) The statement described in subclause (1) must show separately the amount of funds that the local authority intended to spend and the amount spent to—

    • (a) meet additional demand for a group of activities; and

    • (b) improve the level of performance in relation to a group of activities; and

    • (c) replace existing assets.

    (3) For the purpose of this clause, capital expenditure budgeted for 2 or all of the purposes in subclause (2) must be treated as if it were made solely in relation to the primary purpose of the expenditure.

25 Statement of service provision
  • An annual report must include an audited statement that—

    • (a) compares the level of service achieved in relation to a group of activities with the performance target or targets for the group of activities; and

    • (b) specifies whether any intended changes to the level of service have been achieved; and

    • (c) gives the reasons for any significant variation between the level of service achieved and the intended level of service.

26 Funding impact statement for groups of activities
  • (1) An annual report must, in relation to each year covered by the plan, include an audited funding impact statement for each group of activities of the local authority.

    (2) The funding impact statement must be in the prescribed form and must—

    • (a) identify—

      • (i) the amount of funds produced from each source of funding; and

      • (ii) how the funds were applied; and

    • (b) compare the information in paragraph (a) with information included in the long-term plan in accordance with clause 5(2).

27 Internal borrowing
  • (1) This clause applies to borrowing of the type described in paragraph (b)(iii) of the definition of borrowing in section 112 (internal borrowing).

    (2) In relation to each group of activities of the local authority, an annual report must include—

    • (a) a statement of the amount of internal borrowing used for the purpose of the group of activities; and

    • (b) the amount of funds borrowed and repaid during the year; and

    • (c) the amount of interest (if any) paid in relation to the internal borrowing.

28 Council-controlled organisations
  • An annual report must include, in relation to each council-controlled organisation,—

    • (a) a report on the extent to which the local authority's significant policies and objectives in regard to ownership and control of the organisation (as set out in the relevant long-term plan or annual plan) have been implemented or attained in the year to which the report relates; and

    • (b) a comparison between the nature and scope of the activities intended to be provided by the organisation in the year to which the report relates (as set out in the relevant long-term plan or annual plan) and the nature and scope of the activities actually provided by the organisation in that year; and

    • (c) a comparison between actual performance and the key performance targets and other measures set out in the relevant long-term plan or annual plan.

29 Financial statements
  • (1) An annual report must include—

    • (a) audited financial statements for the financial year for the local authority; and

    • (b) audited consolidated financial statements for the financial year; and

    • (c) such other information as is necessary to enable an informed assessment of the operations of each entity reported on; and

    • (d) the numerical information from the statements described in paragraphs (a) and (b) for the financial year before the financial year to which the report relates.

    (2) The numerical information described in subclause (1)(d) must be presented in a way that allows the public to compare the information with the numerical information contained in the forecast financial statements for the financial year covered by the report.

30 Funding impact statement
  • (1) An annual report must include an audited funding impact statement for the financial year to which the report relates.

    (2) The funding impact statement must be in the prescribed form and must—

    • (a) identify—

      • (i) the amount of funds produced from each source of funding; and

      • (ii) how the funds were applied; and

    • (b) compare the information in paragraph (a) with information included in the annual plan in accordance with clause 20(2).

    (3) The annual report must include the information in subclause (2) for the financial year before the year to which the report relates.

31 Reserve funds
  • An annual report must identify each reserve fund set aside by the local authority and, in relation to each fund, specify for the financial year—

    • (a) the purpose of the fund; and

    • (b) the activities to which the fund relates; and

    • (c) the amounts in the fund at the beginning and end of the financial year; and

    • (d) the total amount deposited in the fund; and

    • (e) the total amount withdrawn from the fund.

32 Remuneration issues
  • (1) An annual report must include a report on the remuneration that, in the year to which the report relates, was received by, or payable to, each of the following persons:

    • (a) the mayor or chairperson of the local authority:

    • (b) each of the other members of the local authority:

    • (c) the chief executive of the local authority.

    (2) The report under subclause (1) must show, in relation to each person specified in that subclause, that person's total remuneration for the year.

    (3) To avoid doubt, subclause (2) applies to the total remuneration (including the value of any non-financial benefits) that, during the year, was paid to the person, or was payable to the person, by the local authority and any council organisation of the local authority.

33 Severance payments
  • (1) An annual report must state—

    • (a) the amount of any severance payments made in the year to any person who vacated office as the chief executive of the local authority; and

    • (b) the number of employees of the local authority to whom, in the year, severance payments were made; and

    • (c) the amount of every such severance payment.

    (2) In this section, severance payment means any consideration that a local authority has agreed to provide to an employee in respect of that employee's agreement to the termination of his or her employment, being consideration, whether of a monetary nature or otherwise, additional to any entitlement of that employee to—

    • (a) any final payment of salary; or

    • (b) any holiday pay; or

    • (c) any superannuation contributions.

34 Statement of compliance
  • (1) An annual report must include a statement that all statutory requirements in relation to the annual report have been complied with.

    (2) The statement must be signed—

    • (a) by the mayor or chairperson of the local authority; and

    • (b) by the chief executive of the local authority.

35 General
  • An annual report must include a report on the activities that the local authority has undertaken in the year to establish and maintain processes to provide opportunities for Māori to contribute to the decision-making processes of the local authority.

Part 4
Information to be included in pre-election report

36 Pre-election report
  • (1) A pre-election report must include,—

    • (a) for the 3 financial years immediately preceding the date of the election,—

      • (i) the funding impact statement referred to in clause 30; and

      • (ii) a summary balance sheet based on the financial statements referred to in clause 29(1)(a) that discloses public debt and financial assets separately; and

      • (iii) a statement that compares—

        • (A) rates, rate increases, and borrowing with the quantified limits specified in the financial strategy; and

        • (B) returns on investments with the quantified targets for returns on those investments specified in the financial strategy; and

    • (b) for the 3 financial years immediately following the date of the election,—

      • (ii) a summary balance sheet based on the forecast financial statements referred to in clause 12(1) that discloses public debt and financial assets separately; and

    • (c) the major projects planned for the 3 financial years immediately following the date of the election.

    (2) Despite subclause (1)(a), the information to be included in the pre-election report for the financial year ending in the same year as the election in accordance with that subclause may—

    • (a) be based on estimated information; and

    • (b) need not be audited.

37 Substituted information for small local authorities
  • (1) This clause applies to the pre-election report of a local authority that has an ordinarily resident population of fewer than 20,000 people.

    (2) For the financial year ending in the same year as the election, the pre-election report must include—

    • (a) the funding impact statement prepared under clause 20(2); and

    • (b) a summary balance sheet based on the forecast financial statements referred to in clause 18 that discloses public debt and financial assets separately; and

    • (c) a statement that compares—

      • (i) rates, rate increases, and borrowing with the quantified limits specified in the financial strategy; and

      • (ii) returns on investments with the quantified targets for returns on those investments specified in the financial strategy.

    (3) The pre-election report must comply with this clause only if it does not comply with clause 36(1)(a) and (2).


Schedule 2
Other amendments to principal Act

s 49

Part 1
Amendments required because of change of name of long-term council community plan

Definition of long-term council community plan in section 5(1): repeal and substitute:

long-term plan means a long-term plan adopted under section 93.

Section 5(2)(b): omit council community.

Section 16(1)(c)(ii): omit council community.

Section 16(2)(b): omit council community.

Section 16(3): omit council community.

Paragraph (b) of the definition of affected territorial authority in section 16(9): omit council community.

Section 17(4)(a)(i): omit council community.

Section 56(2): omit council community.

Section 75(f): omit council community.

Section 84 and the heading to section 84: omit council community in each place where it appears.

Section 85(2)(a), (b), and (c): omit council community.

Section 93 and the heading to section 93: omit council community in each place where it appears.

Section 94(1) and the heading to section 94: omit council community in each place where it appears.

Section 95: omit council community in each place where it appears.

Section 96 and the heading to section 96: omit council community in each place where it appears.

Section 97 and the heading to section 97: omit council community in each place where it appears.

Section 98(2)(a): omit council community.

Section 100(2)(a): omit council community.

Section 101(2): omit council community in each place where it appears.

Section 106(2)(a): omit council community.

Section 125(3): omit council community.

Paragraph (a) of the definition of development contribution in section 197: omit council community.

Section 280 and the heading to section 280: omit council community in each place where it appears.

Section 284: omit council community.

Clause 32(1) of Schedule 7: omit council community in each place where it appears.

Part 2
Other amendments

Definition of development contribution policy in section 197: repeal and substitute:

development contribution policy means the policy on development contributions adopted under section 102(1).

Section 198(2): omit section 102(4)(d) and substitute section 102(1).

Section 201(1): omit section 102(4)(d) and substitute section 102(1).

Clause 1(a) of Schedule 13: omit , as set out in the long-term council community plan in accordance with section 106(2)(a).


Schedule 3
Consequential amendments to other enactments

s 50

Part 1
Amendments to other Acts

Hawke's Bay Endowment Land Empowering Act 2002 (2002 No 1) (L)

Section 3(c): omit council community in each place where it appears.

Section 5(4): omit council community in each place where it appears.

Land Transport Management Act 2003 (2003 No 118)

Section 18A: omit council community in each place where it appears.

Section 65I(2)(a): omit council community.

Section 78(3) and (3A): omit council community.

Clause 6(3) of Schedule 7: omit council community.

Local Government (Auckland Council) Act 2009 (2009 No 32)

Definition of LTCCP in section 4(1): repeal and substitute:

LTP means the Auckland Council long-term plan.

Section 9(2)(a): omit LTCCP and substitute LTP.

Section 14(3): omit LTCCP and substitute LTP.

Heading to section 18: omit LTCCP and substitute LTP.

Section 18: omit LTCCP in each place where it appears and substitute in each case LTP.

Section 18(2): omit clause 2 and substitute clauses 2 to 5.

Section 18: insert after subsection (2):

  • (2A) However, each group of activities specified in clause 2(2) of Schedule 10 of the Local Government Act 2002 must be identified separately from any other activities or group of activities.

Section 19(1): add: as part of its long-term plan.

Section 19(6): repeal and substitute:

  • (6) For the purposes of adopting a funding policy under subsection (1), section 102 of the Local Government Act 2002 applies, with any necessary modifications, and as if the following paragraph were added to subsection (2) of that section:

    • “‘(f) a local board's funding policy.

  • (6A) If the Auckland Council amends its local board's funding policy under section 93(4) of the Local Government Act 2002, only a significant amendment to the policy is required to be audited in accordance with sections 84(4) and 94 of that Act.

Section 19(7): omit LTCCP and substitute LTP.

Section 19A and the heading to section 19A: omit LTCCP in each place where it appears and substitute in each case LTP.

Section 20(2)(d): omit LTCCP and substitute LTP.

Section 20(4)(b)(i): omit clause 2(2) of Schedule 10 of that Act to be included in the LTCPP and substitute clauses 4 and 5 of Schedule 10 of that Act to be included in the LTP.

Section 20(4)(b)(iii): omit LTCCP and substitute LTP.

Definition of default levels of service in section 20(5): repeal and substitute:

default levels of service means the levels of service provision for local activities across Auckland that are—

  • (a) funded in each local board funding allocation; and

  • (b) specified in the LTP (in accordance with clause 4 of Schedule 10 of the Local Government Act 2002).

Section 21(5): omit and substitute:

  • (5) For the purposes of subsection (2)(a), a local board agreement must, in respect of the local activities to be provided in the local board area in the year to which the agreement relates, include—

    • (a) a statement of the intended levels of service provision that specifies—

      • (i) any performance measures specified in a rule made under section 261B of the Local Government Act 2002 for each activity described in clause 2(2) of Schedule 10 of that Act; and

      • (ii) the performance measures that the Auckland Council considers will enable the public to assess the level of service for major aspects of an activity for which performance measures have not been specified under paragraph (a); and

      • (iii) the performance target or targets set by the Auckland Council for each performance measure; and

      • (iv) any intended changes to the level of service that was provided in the year before the year to which the agreement relates and the reasons for the change; and

    • (b) a funding impact statement in the form prescribed under the Local Government Act 2002 for inclusion in an annual plan under clause 20(2) of Schedule 10; and

    • (c) a statement of how any expenses in excess of the local board's estimated funding allocation under section 19A of this Act are to be met (including estimated revenue levels and the other sources of funding).

Section 22(1) and the heading to section 22: omit LTCCP in each place where it appears and substitute in each case LTP.

Section 23(2): omit and substitute:

  • (2) Each annual report of the Auckland Council must include, in respect of local activities for each local board area, an audited statement that—

    • (a) compares the level of service achieved in relation to the activities with the performance target or targets for the activities (as stated in the local board agreement for that year); and

    • (b) specifies whether any intended changes to the level of service have been achieved; and

    • (c) gives the reasons for any significant variation between the level of service achieved and the intended level of service.

Section 58(1) and the heading to section 58: omit LTCCP in each place where it appears and substitute in each case LTP.

Section 78(2): omit In addition to acting under section 128 of that Act, the Council and substitute The Council.

Section 90(3): omit LTCCP in each place where it appears and substitute in each case LTP.

Section 92(1) and the heading to section 92: omit LTCCP in each place where it appears and substitute in each case LTP.

Section 98(6) and (7): omit LTCCP in each place where it appears and substitute in each case LTP.

Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37)

Section 12(2)(b): omit council community.

Section 41(1): omit council community.

Section 41: insert after subsection (5):

  • (5A) Sections 84(4) and 94 of the Local Government Act 2002 do not apply to an amendment to the policy.

Section 41(6): omit subsection (5) and substitute subsection (3).

Section 45(1) and (4): omit council community.

Section 45: insert after subsection (2):

  • (2A) Subsections (1) and (2) do not apply to the following policies included in the planning document:

    • (a) remission and postponement of rates on Māori freehold land under section 108 of the Local Government Act 2002:

    • (b) rates remission under section 109 of the Local Government Act 2002:

    • (c) rates postponement under section 110 of the Local Government Act 2002.

Section 46(1): omit and section 102(6) of the Local Government Act 2002 applies as if the policies had been adopted under that section and substitute and may be amended in accordance with section 93 of the Local Government Act 2002.

Section 47: insert after subsection (5):

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

Section 48: omit council community in each place where it appears.

Section 54(2)(b) and (3): omit section 102(6) and substitute section 106(6).

Section 89 and the heading to section 89: omit council community in each place where it appears.

Definition of development contributions policy in section 96(5): omit council community.

Local Government (Rating) Act 2002 (2002 No 6)

Paragraph (a) of the definition of funding impact statement in section 5: repeal and substitute:

  • (a) in relation to the first financial year to which a long-term plan relates, the funding impact statement included in the plan under clause 15 of Schedule 10 of the Local Government Act 2002; and.

Paragraph (b) of the definition of funding impact statement in section 5: omit clause 13 and substitute clause 20.

Definition of long-term council community plan in section 5: repeal and substitute:

long-term plan means a long-term plan under section 93 of the Local Government Act 2002.

Section 23: omit council community in each place where it appears.

Section 55(2)(b): omit council community.

Section 114(1)(a): omit section 102(4)(f) and substitute section 102(1).

Section 115(1)(a): omit section 102(4)(f) and substitute section 102(1).

Section 116(3)(a): omit section 102(4)(f) and substitute section 102(1).

Section 117B(3)(c)(ii): omit council community in each place where it appears.

Section 119(4)(a): omit council community.

Section 139(2A): omit council community.

Public Transport Management Act 2008 (2008 No 87)

Section 20(8)(b): omit council community.

Section 21(1)(b): omit council community.

Part 2
Amendments to regulations

Canterbury Earthquake (Local Government Act 2002) Order 2010 (SR 2010/317)

Clause 4(1)(c): omit and substitute:

  • (c) section 97(1)(a):.

Clause 4(1)(e): omit and substitute:

  • (e) section 102(4), but only in relation to the policies referred to in subsection (3) of that section.

Local Government (Banks Peninsula District) Reorganisation Order 2005 (Gazette 2005, p 5179)

Clause 13: repeal.


Legislative history

29 April 2010Introduction (Bill 142–1)
4 May 2010First reading and referral to Local Government and Environment Committee
3 November 2010Reported from Local Government and Environment Committee (Bill 142–2)
16 November 2010Second reading, committee of the whole House, third reading
26 November 2010Royal assent

This Act is administered by the Department of Internal Affairs.