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New Zealand Legislation: Bills

Bills are proposed Acts

Hon Rodney Hide

Local Government (Auckland Law Reform) Bill

Government Bill

112—1

Contents

Explanatory note

Part 1
Amendments to Local Government (Tamaki Makaurau Reorganisation) Act 2009

4 Principal Act amended

6 Background and purpose of Act

7 Outline of Act

8 Interpretation

9 Part 2 repealed

10 Governing body of Transition Agency

11 Functions and duties of Transition Agency

12 Appointment of electoral officer for October 2010 triennial general elections

13 Appointment of interim chief executive for Auckland Council

14 Interim chief executive may appoint staff and enter into contracts

15 New section 18A inserted

18A Interim chief executive must ensure valuation services in place for existing local authorities

16 Transition Agency may exercise powers under section 18 in certain circumstances

17 Preparation of planning document

18 New section 19B inserted

19B Establishment of Auckland waterfront development agency

19 New sections 21A to 21C inserted

21A Appointment of interim chief executive for Auckland Transport

21B Interim chief executive for Auckland Transport may appoint staff and enter into contracts

21C Transition Agency may exercise powers under section 21B in certain circumstances

20 New section 26A inserted

26A Transition Agency not required to prepare annual financial statements for year ending 30 June 2010

21 Obligations of existing local authorities in relation to 2010/2011 annual report

22 New sections 29D to 29F inserted

29D Obligations of existing local authorities in relation to October 2010 triennial general elections

29E Rodney District Council and Waitakere City Council 2010 revaluations not required

29F Auckland Regional Council must ensure sufficient Watercare Services Limited employees appointed as enforcement officers before Council dissolved

23 Dissolution of existing local authorities

24 New sections 35A to 35L inserted

35A Schedule 2 of Local Government Act 2002 consequentially amended

35B Dissolution of certain council-controlled organisations

35C Review of employment positions

35D Whether employees entitled to redundancy or other compensation

35E Obligations of terminating organisations in relation to 2010/2011 annual report

35F Power to amend Schedule 4

35G Order in Council authorising Transition Agency to constitute council-controlled organisation

35H Minister may appoint initial directors of certain council-controlled organisations

35I Minister of Transport and Minister may appoint initial directors of Auckland Transport

35J Vesting of assets, etc, in Watercare Services Limited

35K Development contributions already made or owed

35L Chief executive of Ministry of Pacific Island Affairs must develop proposals in relation to establishment of Pacific Peoples Advisory Panel

26 New Schedules 2 to 6 added

Part 2
Amendments to Local Government (Auckland Council) Act 2009

27 Principal Act amended

28 Commencement

29 New section 3 substituted

30 Interpretation

31 Relationship between this Act and Local Government Act 2002 and Local Electoral Act 2001

32 Auckland Council established

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

34 Mayor of Auckland

35 Membership of local boards

36 New section 11A inserted

11A Indemnification and liability of local board members

37 New section 13A inserted

13A Local boards may be subject of reorganisation proposal

38 Decision-making responsibilities of governing body

39 Decision-making responsibilities of local boards

40 Local board plans

41 Application of Schedule 7 of Local Government Act 2002 to local boards

42 New sections 32A and 32B inserted

32A Powers of Minister in relation to local board

32B Application of certain Acts to local boards

43 Local Government Commission to determine boundaries of Auckland

44 Order in Council to give effect to determinations

45 New Parts 4 to 8 substituted

Part 4
Transport management for Auckland

37 Interpretation

38 Establishment of Auckland Transport

39 Objective of Auckland Transport

40 Status and powers of Auckland Transport

41 Functions of Auckland Transport

42 Functions and powers of Auckland Transport acting as local authority or other statutory body

43 Council prohibited from exercising powers and functions conferred on Auckland Transport under section 42

44 Operating principles

45 Governing body of Auckland Transport

46 Restriction on borrowing

47 Application of certain Acts to Auckland Transport

48 Schedule 2 applies to Auckland Transport

Part 5
Water supply and wastewater services for Auckland

49 Obligations on Auckland water organisations

50 Auckland water organisation may propose bylaw

51 Auckland water organisation must consult on proposed bylaw

52 Auckland water organisation may occupy certain Crown land without charge

53 Construction of works on private land and roads by Auckland water organisation

54 Notice requirement

55 Auckland water organisation to be notified of conditions

56 Failure to notify conditions

58 Offence to not comply with any of sections 53, 54, and 57

59 Appeals by Auckland water organisation to District Court

60 Abatement of nuisances created by Auckland water organisations

61 Rating of certain land owned by Auckland water organisation

62 Powers of Auckland water organisation under Local Government Act 1974

63 Powers of Auckland water organisation under Local Government Act 2002

64 Offences relating to waterworks and network assets of Auckland water organisations

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

Part 6
Spatial planning for Auckland

66 Spatial plan for Auckland

Part 7
Board promoting issues of significance for mana whenua and Māori of Tamaki Makaurau

67 Establishment and purpose of board

68 Board's name

69 Board's general functions

70 Board's specific functions

71 Board's powers

72 Auckland Council information provided to board

73 Auckland Council's duties to board

74 Schedule 3 applies to board

Part 8
Miscellaneous

Substantive council-controlled organisations

75 Council may impose additional accountability requirements on substantive council-controlled organisations

76 Councillors prohibited from appointment as directors of substantive council-controlled organisations

Disputes between local boards and governing body

77 Disputes about allocation of decision-making responsibilities, proposed bylaws, or local board agreements

78 Local Government Commission to determine disputes

79 Local Government Commission may delegate duty to determine dispute

Development contributions

80 Development contributions for transport infrastructure

81 Development contributions for assets managed by other parties

Prohibition on establishment of community boards

82 Prohibition on establishment of community boards

Review of representation arrangements

83 Review of representation arrangements under Local Electoral Act 2001

Auditor-General to review Council's service performance

84 Auditor-General to review Council's service performance

Council employee elected to local board must resign before taking up position

85 Council employee elected to local board must resign before taking up position

46 New Schedules 2 and 3 added

Part 3
Amendments, repeals, savings, transitional provisions, and related matters

Subpart 1—Amendments and repeals, and related matters

47 Consequential amendments

48 Repeal of Auckland Metropolitan Drainage Act 1960

49 Repeal of Local Government (Auckland) Amendment Act 2004

50 Disestablishment of Auckland Regional Transport Authority

51 Existing regional land transport programme and regional land transport strategy for Auckland continues in effect until 30 June 2012

52 Disestablishment of Auckland Regional Transport Network Limited

53 Review of employment provisions

54 Whether employees entitled to redundancy or other compensation

55 Obligations in relation to 2010/2011 annual report

Subpart 2—Transitional provisions relating to collective agreements

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

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

Subpart 3—Other savings and transitional provisions

58 Interpretation

Council governance and framework

59 Prohibition on reorganisation of Auckland until after October 2013 triennial general elections

60 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

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

Moratorium on sale of certain Council property

62 Moratorium on sale of certain Council property

Council-controlled organisations

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

64 Half-yearly report replaced with 4-month report

Watercare Services Limited

65 Watercare Services Limited treated as local government organisation

66 Obligations on provider of water services in Auckland

67 Official information

68 Statement of corporate intent

69 Completion of statement of corporate intent

70 Reports and accounts

71 How Watercare Services Limited to set prices

72 Employees and members of Auckland Council must not be directors of Watercare Services Limited

73 Restrictions on form and asset ownership of Watercare Services Limited

74 Watercare Services Limited to administer and enforce Auckland Regional Council Trades Waste Bylaw 1991

Acquisition of shareholding in Auckland International Airport Limited

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

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

76 Purpose of sections 77 to 80

77 Interpretation

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

79 How Council must apply rates transition management policy

80 Local Government (Rating) Act 2002 otherwise applies

Other rating matters

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

82 Council authorised to collect and deal with balance of rating matters for 2010/2011 financial year

83 Rates for 2011/2012 financial year

84 Targeted rates proposals in 2011/2012 financial year

85 Charges on rates

86 Rates as security

Planning document prepared by Transition Agency

87 Certain matters in planning document prepared by Transition Agency must be replaced by 30 June 2012

Development contributions

88 Development contributions already made or owed

89 Initial development contributions policy

90 Development contributions for water infrastructure

91 Development contributions for transport infrastructure

92 Bylaws about Auckland transport system

93 Bylaws about waste

94 Bylaws about matters other than Auckland transport system and waste

Policies of existing local authorities

Statutory warrants

96 Statutory warrants relating to transport law

97 Statutory warrants relating to law other than transport law

Fees and charges

98 Fees and charges: regulatory services

99 Fees and charges: non-regulatory services

Standing orders

100 Standing orders

101 Delegations

Civil defence emergency management

103 Civil defence emergency management

Fire authority appointments

104 Fire authority appointments

Resource management

105 Resource management

Other planning matters

106 Auckland regional growth strategy

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

110 Titles to land

Establishment of Pacific and Ethnic Advisory Panels for Auckland

111 Establishment of Pacific and Ethnic Advisory Panels for Auckland

Schedule 1
New Schedules 2 to 6 added to Local Government (Tamaki Makaurau Reorganisation) Act 2009

Schedule 2
New Schedules 2 and 3 added to Local Government (Auckland Council) Act 2009

Schedule 3
Enactments amended

Schedule 4
Provisions that apply to certain employees of Auckland Regional Transport Authority and Auckland Regional Transport Network Limited

Schedule 5
Redundancy and compensation provisions that apply to certain employees of Auckland Regional Transport Authority and Auckland Regional Transport Network Limited

The Parliament of New Zealand enacts as follows: