Local Government (Auckland Law Reform) Bill

  • not the latest version
45 New Parts 4 to 8 substituted
  • Part 4 is repealed and the following Parts are substituted:

    Part  4
    Transport management for Auckland

    37 Interpretation
    • (1) In this Part and Schedule 2, unless the context requires another meaning,—

      Auckland transport system

      • (a) means—

        • (i) the roads (as defined in section 315 of the Local Government Act 1974) within Auckland; and

        • (ii) the public transport services (as defined in section 4 of the Public Transport Management Act 2008) within Auckland; and

        • (iii) the public transport infrastructure under the control of Auckland Transport or the Auckland Council; but

      • (b) does not include—

        • (i) State highways:

        • (ii) railways:

        • (iii) off-street parking facilities under the control of the Council:

        • (iv) airfields

      board of directors or board means the board of directors of Auckland Transport

      director includes the chairperson and the deputy chairperson of the board of directors

      interested or interest has the meaning in clause 14 of Schedule 2.

      (2) In this Part and Schedule 2, unless the context requires another meaning, land transport, transport activity, national land transport fund, regional land transport programme, and regional land transport strategy have the same meanings as in section 5(1) of the Land Transport Management Act 2003.

    38 Establishment of Auckland Transport
    • (1) This section establishes Auckland Transport.

      (2) Auckland Transport is—

      • (a) a body corporate with perpetual succession; and

      • (b) a council-controlled organisation of the Auckland Council.

      (3) Despite subsection (2)(b), sections 59, 60, 64, and 74 of the Local Government Act 2002 do not apply to Auckland Transport.

      (4) For the purposes of the Local Government Act 2002, Auckland Council must be treated as if it were the sole shareholder of Auckland Transport.

    39 Objective of Auckland Transport
    • The objective of Auckland Transport is to undertake its functions in a way that contributes to an affordable, integrated, safe, responsive, and sustainable land transport system for Auckland.

    40 Status and powers of Auckland Transport
    • (1) For the purpose of performing its functions, Auckland Transport has—

      • (a) full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and

      • (b) for the purposes of paragraph (a), full rights, powers, and privileges.

      (2) Subsection (1) is subject to this Act.

    41 Functions of Auckland Transport
    • The functions of Auckland Transport are to—

      • (a) prepare the regional land transport programme for Auckland in accordance with the Land Transport Management Act 2003; and

      • (b) manage and control the Auckland transport system in accordance with this Act; and

      • (c) exercise or perform the statutory functions and powers set out in section 42 in relation to the Auckland transport system as if it were a regional council, territorial authority, or other statutory body, as the case may be; and

      • (d) carry out research, education, and training in relation to land transport in Auckland; and

      • (e) undertake any other transport functions that the Council may lawfully direct it to exercise or delegate to it (for example, management of off-street parking facilities owned by the Council); and

      • (f) undertake any other functions that are given to it by this Act or any other enactment, or that are incidental and related to, or consequential upon, any of its functions under this Act or any other enactment.

    42 Functions and powers of Auckland Transport acting as local authority or other statutory body
    • (1) Auckland Transport has the following functions and powers:

      • (a) the functions and powers of a local authority and an enforcement authority under the Transport Act 1962 for the purposes of prosecuting stationary vehicle offences within Auckland:

      • (b) the powers of a local authority under section 72 of the Transport Act 1962 in relation to the Auckland transport system:

      • (c) the functions and powers of a council under Part 21 of the Local Government Act 1974, except—

        • (i) the power to name or alter the name of a road under section 319(j); and

        • (ii) the functions and powers under sections 316(2), 319A, 319B, and 347 to 352:

      • (d) the powers of a council under section 684 of the Local Government Act 1974 in relation to the Auckland transport system:

      • (e) the functions and powers of a local authority, a territorial authority, or a controlling authority under Part 4 of the Government Roading Powers Act 1989 within Auckland:

      • (f) the functions and powers of a local authority under the Public Works Act 1981 for the purposes of constructing or executing transport activities within Auckland:

      • (g) the functions and powers of a requiring authority under the Resource Management Act 1991 in relation to transport activities within Auckland:

      • (h) the functions and powers of an enforcement authority under the Land Transport Act 1998 in relation to prosecuting infringement offences under that Act that relate to the use of special vehicle lanes within Auckland:

      • (i) the functions and powers of a local authority to make and enforce bylaws under subparts 1 and 2 of Part 8 of the Local Government Act 2002 (except those conferred by section 147) in relation to the Auckland transport system:

      • (j) the functions and powers of a public road controlling authority under Part 2 of the Land Transport Management Act 2003 in relation to tolling schemes and concession agreements:

      • (k) the functions and powers of a regional council under the Public Transport Management Act 2008 in relation to public transport planning, regulation, and contracting within Auckland.

      (2) For the purposes of subsection (1), the enactments referred to in that subsection apply with all necessary modifications.

      (3) For the purposes of subsection (1)(h), Auckland Transport may appoint persons to be enforcement officers in Auckland in relation to any offence against a bylaw made by Auckland Transport in relation to the Auckland transport system, and, for that purpose,—

      • (a) section 177 of the Local Government Act 2002 applies to an appointment with all necessary modifications; and

      • (b) each person must be treated as an enforcement officer within the meaning of section 5(1) of that Act.

      (4) Nothing in this section vests ownership of any road, land, or other property in Auckland Transport.

      (5) This section is subject to this Act and any other enactment.

    43 Council prohibited from exercising powers and functions conferred on Auckland Transport under section 42
    • (1) The Auckland Council must not exercise any transport-related power or function conferred on a local authority under any enactment that this Act has conferred upon Auckland Transport under section 42.

      (2) Subsection (1) applies unless Auckland Transport delegates the exercise of the power or function to the Auckland Council under clause 33 of Schedule 2.

    44 Operating principles
    • In meeting its objective, and undertaking its functions, Auckland Transport must—

      • (a) exhibit a sense of social, environmental, and economic responsibility; and

      • (b) establish and maintain processes for Māori to contribute to its decision-making processes; and

      • (c) operate in a financially responsible manner and, for this purpose, prudently manage its assets and liabilities and endeavour to ensure—

        • (i) its long-term financial viability; and

        • (ii) that it acts as a successful going concern; and

      • (d) use its revenue efficiently and effectively, and in a manner that seeks value for money; and

      • (e) ensure that its revenue and expenditure are accounted for in a transparent manner; and

      • (f) ensure that it acts in a transparent manner in making decisions under this Act and the Land Transport Management Act 2003.

    45 Governing body of Auckland Transport
    • (1) The governing body of Auckland Transport is the board of directors.

      (2) The board of directors comprises—

      • (a) no fewer than 6 and no more than 8 voting directors, of whom 2 may be elected members of the governing body of the Auckland Council; and

      • (b) 1 non-voting director nominated by the New Zealand Transport Agency.

      (3) The board of directors has a chairperson and a deputy chairperson elected by the directors from among themselves.

      (4) All decisions relating to the operation of Auckland Transport are to be made by or under the authority of the board of directors in accordance with this Act and Auckland Transport's statement of intent.

      (5) The board of directors—

      • (a) must ensure that Auckland Transport acts in a manner consistent with its objective; and

      • (b) is accountable in accordance with this Act for the performance by Auckland Transport of its functions.

      (6) The board of directors has all the powers necessary for carrying out its role and may regulate its procedure in the manner it thinks fit, subject to this Act.

      (7) The powers and functions of Auckland Transport are not affected by any vacancy in the membership of the board of directors.

    46 Restriction on borrowing
    • Auckland Transport must not borrow any funds without the written agreement of the Auckland Council.

    47 Application of certain Acts to Auckland Transport
    • (1) Parts 1 to 6 of the Local Government Official Information and Meetings Act 1987 apply to Auckland Transport as if Auckland Transport were a local authority.

      (2) Part 7 of the Local Government Official Information and Meetings Act 1987 applies to Auckland Transport as if Auckland Transport were a local authority, but only in relation to any meeting or part of a meeting at which Auckland Transport intends to make, or will make, a bylaw.

      (3) The Ombudsmen Act 1975 applies to Auckland Transport as if Auckland Transport were listed in Part 3 of Schedule 1 of that Act.

    48 Schedule 2 applies to Auckland Transport
    • Schedule 2 applies in relation to Auckland Transport.

    Part 5
    Water supply and wastewater services for Auckland

    49 Obligations on Auckland water organisations
    • (1) An Auckland water organisation—

      • (a) must manage its operations efficiently with a view to keeping charges for water supply and wastewater services at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets; and

      • (b) must not pay any dividend or distribute any surplus in any way, directly or indirectly, to any owner or shareholder; and

      • (c) is not required to comply with section 68(b) of the Local Government Act 2002.

      (2) However, subsection (1)(b) does not prevent an Auckland water organisation from making a taxable bonus issue (as defined in section YA 1 of the Income Tax Act 2007).

    50 Auckland water organisation may propose bylaw
    • (1) An Auckland water organisation may propose to the governing body of the Auckland Council, in writing, that a bylaw relating to the management and supply of water supply or wastewater services be made.

      (2) As soon as practicable after receiving a proposal under subsection (1), the governing body of the Auckland Council must decide whether the proposed bylaw meets the following requirements:

      • (a) the proposed bylaw complies with the applicable statutory requirements; and

      • (b) the proposed bylaw is not inconsistent with any strategy, policy, plan, or bylaw of the Council; and

      • (c) the proposed bylaw can be implemented and enforced in a cost effective manner.

      (3) If the governing body of the Auckland Council decides that a proposed bylaw—

      • (a) meets the requirements of subsection (2), it must give written notice of its decision to the organisation:

      • (b) does not meet the requirements of subsection (2), it must give written notice of its decision (with reasons) to the organisation.

    51 Auckland water organisation must consult on proposed bylaw
    • (1) This section applies if an Auckland water organisation has received notice under section 50(3)(a) from the governing body of the Auckland Council in respect of a bylaw that the organisation has proposed.

      (2) The organisation must confirm the proposed bylaw using the special consultative procedure and, for that purpose, section 156(1) of the Local Government Act 2002 applies, with any necessary modifications, as if the organisation were a local authority and the bylaw were a bylaw being made under that Act.

      (3) If, after acting under subsection (2), the organisation confirms the proposed bylaw, it must give written notice of its decision to the governing body of the Auckland Council and the governing body must make the bylaw.

      (4) If, after acting under subsection (2), the organisation modifies the proposed bylaw, it must give written notice of its decision to the governing body of the Auckland Council and the governing body must,—

      • (a) if satisfied that the proposed bylaw meets the requirements of section 50(2), make the bylaw; or

      • (b) if not satisfied that the proposed bylaw meets the requirements of section 50(2), give notice to the organisation under section 50(3)(b).

      (5) The confirmation or modification of a proposed bylaw under this section satisfies the requirements of sections 86, 155, and 156(1) of the Local Government Act 2002 in respect of any bylaw to which subsection (3) or (4)(a) applies.

    52 Auckland water organisation may occupy certain Crown land without charge
    • (1) An Auckland water organisation is not required to pay rent to the Crown in relation to any land in an Auckland harbour on, over, or under which an existing wastewater asset is constructed or laid.

      (2) Nothing in subsection (1) affects any obligation an Auckland water organisation may have to comply with the Resource Management Act 1991 in relation to an existing wastewater asset (including any liability to pay for the occupation of a coastal marine area under any regulations made under that Act).

      (3) In subsection (1), existing wastewater asset means a wastewater asset that was held by Watercare Services Limited on 1 November 2010.

    53 Construction of works on private land and roads by Auckland water organisation
    • (1) For the purposes of providing water supply or wastewater services in Auckland, section 181 of the Local Government Act 2002 applies, with any necessary modifications, to an Auckland water organisation as if the organisation were a local authority.

      (2) For the purposes of providing water supply or wastewater services in Auckland, an Auckland water organisation may—

      • (a) construct, place, and maintain water and wastewater infrastructure in, on, along, over, across, or under any road; and

      • (b) for the purposes of any work carried out under paragraph (a), open or break up any road, and alter the position of any pipe (not being a main) for the supply of water or gas; and

      • (c) alter, repair, or remove that infrastructure or any part of that infrastructure.

      (3) However, an Auckland water organisation must exercise the powers under subsection (2) in accordance with any reasonable conditions that Auckland Transport, the Council, or other person who has jurisdiction over that road requires.

    54 Notice requirement
    • (1) Except as provided in section 57, before an Auckland water organisation proceeds to open or break up any road, the organisation must give to Auckland Transport, the Council, or other person who has jurisdiction over the road written notice of the intention to carry out the work.

      (2) Every notice must specify the location of the proposed work, the nature of the work to be carried out, and the reasons for it.

    55 Auckland water organisation to be notified of conditions
    • Not later than 20 working days after the receipt of the written notice of the intention to carry out work, Auckland Transport, the Council, or other person who has jurisdiction over the road must notify the Auckland water organisation in writing of any conditions imposed under section 53(3).

    56 Failure to notify conditions
    • If Auckland Transport, the Council, or other person who has jurisdiction over the road fails to notify the Auckland water organisation of any conditions imposed under section 53(3) within the 20-working day period referred to in section 55, those conditions may not be imposed, and the organisation may commence work.

    57 Urgency
    • If work is urgent and necessary because of any defective equipment or other emergency, an Auckland water organisation—

      • (a) is excused from complying with the requirements of section 54(1) before commencing the work; but

      • (b) must give the information required by section 54(2) as soon as practicable after commencing the work.

    58 Offence to not comply with any of sections 53, 54, and 57
    • (1) An Auckland water organisation that fails to comply with any of sections 53, 54, and 57 commits an offence.

      (2) An Auckland water organisation that commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $10,000.

      (3) In addition to any fine imposed under subsection (2), a court may make any order relating to compensation that it thinks fit.

    59 Appeals by Auckland water organisation to District Court
    • (1) An Auckland water organisation may appeal to a District Court against all or any of the conditions imposed under section 53(3) by Auckland Transport, the Council, or other person who has jurisdiction over the road.

      (2) An appeal must be made not later than 45 working days after the date of notification of the conditions imposed or within any further time that the District Court may allow.

      (3) In its determination of any appeal, a District Court may confirm, modify, or cancel any or all of the conditions imposed.

      (4) The decision of a District Court in the determination of an appeal under this section is final.

    60 Abatement of nuisances created by Auckland water organisations
    • (1) Where any nuisance within the meaning of section 29 of the Health Act 1956 is created by an Auckland water organisation in the exercise of any powers conferred on it by this Act, the Director-General of Health may, by notice in writing to the organisation,—

      • (a) require the organisation to abate the nuisance; and

      • (b) specify the works to be done by the organisation in order to abate the nuisance and the time within which they must be done.

      (2) If the organisation considers the requirements specified in the notice to be unreasonable or impracticable or unnecessary, it may, within 3 days after service of the notice on it, apply to the District Court for an order setting aside or modifying the notice. Pending the hearing of the application, the notice must be treated as suspended.

      (3) On the hearing of the application, the court, whose decision is final, must determine whether the notice should or should not be set aside or modified, and, if the notice is not set aside, the time within which the organisation must comply with the notice or, as the case may be, with the modified notice.

      (4) If the organisation within the time specified in a notice, or, in the case of an application to the court, within the time specified in the order of the court, fails to comply with the notice or order, the Medical Officer of Health under the Health Act 1956, without further notice to the organisation, may cause the nuisance to be abated, and for that purpose may, with such assistance as may be necessary, enter on any land or premises of the organisation and execute or cause to be executed the necessary works.

      (5) All expenses reasonably incurred by the Medical Officer of Health in the abatement of a nuisance under subsection (4) are recoverable from the organisation as a debt due to the Crown.

    61 Rating of certain land owned by Auckland water organisation
    • (1) This section applies to land owned by an Auckland water organisation and used for the purposes of providing water supply or wastewater services in Auckland.

      (2) The total amount of any rates assessed under section 13(2) or 16 of the Local Government (Rating) Act 2002 for the land must not exceed the amount of rates that would otherwise have been assessed under those sections if those rates had been calculated on the land value only of all liable rating units.

    62 Powers of Auckland water organisation under Local Government Act 1974
    • An Auckland water organisation has the powers of a council under the following sections of the Local Government Act 1974 in relation to its wastewater services (and those sections apply accordingly, with any necessary modifications):

      • (a) section 451 (diversion, etc of drainage works):

      • (b) section 459 (council may require owners of land in certain cases to provide private drains):

      • (c) section 460 (construction of private drains through adjoining premises):

      • (d) section 461 (further provisions with respect to private drains):

      • (e) section 462 (council may declare private drain to be public drain):

      • (f) section 467 (unlawful connection of private drain).

    63 Powers of Auckland water organisation under Local Government Act 2002
    • An Auckland water organisation has the powers of a local authority under the following sections of the Local Government Act 2002 in relation to its water supply and wastewater services (and those sections apply accordingly, with any necessary modifications):

      • (a) section 171 (general power of entry):

      • (b) section 172 (power of entry for enforcement purposes):

      • (c) section 173 (power of entry in cases of emergency):

      • (d) section 181 (construction of works on private land):

      • (e) section 182 (power of entry to check utility services).

    64 Offences relating to waterworks and network assets of Auckland water organisations
    • (1) Every person commits an offence and is liable on summary conviction to the penalty set out in section 242(1) of the Local Government Act 2002 who, wilfully or negligently, carries out work on, or in relation to, a water supply or wastewater asset of an Auckland water organisation without first—

      • (a) notifying the organisation of the intention to carry out the work; and

      • (b) obtaining written authorisation from the organisation (which may include terms or conditions that the organisation thinks fits).

      (2) It is not an offence under subsection (1) if the work concerned—

      • (a) is authorised by a valid consent granted by or under—

        • (i) the Building Act 2004 (including the building code); or

        • (ii) the Resource Management Act 1991; or

      • (b) was carried out in accordance with a valid building, plumbing, or drainage consent.

      (3) It is a defence to an offence under subsection (1) if the work concerned—

      • (a) was necessary to avoid an emergency, or to mitigate or remedy the effects of an emergency; and

      • (b) was carried out by a person appropriately registered to undertake the work.

    65 Council must consult Auckland water organisations when assessing water and other sanitary services
    • (1) Subsection (2) applies to the Council when carrying out its duty under section 125 of the Local Government Act 2002 to assess the provision within Auckland of water and other sanitary services.

      (2) In addition to acting under section 128, the Council must consult each Auckland water organisation in making its assessment.

    Part 6
    Spatial planning for Auckland

    66 Spatial plan for Auckland
    • (1) The Auckland Council must prepare and adopt a spatial plan for Auckland.

      (2) The purpose of the spatial plan is to provide an effective and broad long-term strategy for growth and development in Auckland.

      (3) The functions of the spatial plan are—

      • (a) to set out the long-term (20–30 year) strategic direction (including broad objectives) for Auckland and its communities; and

      • (b) to state policies, priorities, programmes, and land allocations that will implement the strategic direction and to specify resources that will be provided to implement the strategic direction; and

      • (c) to set out Auckland's role in New Zealand; and

      • (d) to visually illustrate how Auckland may develop in the future, including how growth may be sequenced and how infrastructure may be provided; and

      • (e) to provide an evidential base to support decision-making for Auckland, including evidence of trends, opportunities, and constraints in Auckland; and

      • (f) to set out a development strategy on how to achieve broad policy objectives for land use, transport, other infrastructure, and environmental management in Auckland; and

      • (g) to identify the existing, and guide the future, location of critical infrastructure services and any associated investment in Auckland (for example, open space, transport, and water supply and wastewater services); and

      • (h) to identify the existing, and guide the future, location and mix of residential, business, and industrial activities within specific geographic areas in Auckland; and

      • (i) to identify significant ecological areas in Auckland that should be protected from development; and

      • (j) to give direction to, and align, implementation plans, regulatory plans, and funding plans of the Auckland Council; and

      • (k) to integrate otherwise competing policy goals and provide opportunities for coherent and combined decision-making about investment and regulation in Auckland; and

      • (l) to act as an information and co-ordination mechanism enabling the Auckland Council (as the spatial planning agency) and parties that provide services, infrastructure, and other investment to discuss, and agree on, the timing and outcome of providing those things and the location of the things.

      (4) The preparation and amendment of the spatial plan is intended to involve community and private sector participation so that there is public confidence in the plans and decisions made for Auckland.

      (5) The Auckland Council may amend the spatial plan at any time to reflect a significant change from the circumstances that existed when the plan was prepared or was last amended.

      (6) The Auckland Council must prepare and adopt the spatial plan, or any amendment to the plan, in accordance with the special consultative procedure.

      (7) The Auckland Council, after adopting the spatial plan or an amendment to the plan, must—

      • (a) make the plan or amendment available for inspection during working hours, free of charge, at—

        • (i) the office of the Auckland Council; and

        • (ii) any other places in Auckland that the Auckland Council, at its discretion, decides are appropriate; and

      • (b) make copies of the plan or amendment available, free of charge or for purchase at a reasonable price, from—

        • (i) the office of the Auckland Council; and

        • (ii) any other places in Auckland that the Auckland Council, at its discretion, decides are appropriate; and

      • (c) make copies of the plan or amendment available, free of charge, on an Internet site maintained by or on behalf of the Auckland Council.

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

    67 Establishment and purpose of board
    • (1) This Part establishes a board whose purpose is to promote cultural, economic, environmental, and social issues of significance for mana whenua and Māori of Tamaki Makaurau to assist the Auckland Council in making decisions, performing functions, and exercising powers.

      (2) The board is a body corporate separate from—

      • (a) the Auckland Council; and

      • (b) the board's members; and

      • (c) the selection body; and

      • (d) the mana whenua groups groups represented on the selection body.

      (3) Members of the board must act in good faith and follow the principles of consensus decision making when carrying out the board's purpose.

    68 Board's name
    • (1) The board may choose to name itself.

      (2) If the board names itself, it may change its name at any time.

      (3) If the board names itself, or changes its name, it must tell the Minister of Māori Affairs and the Auckland Council the name or the new name as soon as practicable.

    69 Board's general functions
    • The board's general functions are—

      • (a) to act in accordance with its purpose and functions and to ensure that it does not contravene the purpose for which it was established:

      • (b) to develop a schedule of issues of significance to mana whenua and Māori of Tamaki Makaurau, and give a priority to each issue, to guide the board in carrying out its purpose:

      • (c) to keep the schedule up to date:

      • (d) to advise the Auckland Council on matters affecting mana whenua and Māori of Tamaki Makaurau:

      • (e) to work with the Auckland Council on the design and execution of documents and processes to implement the council's statutory responsibilities towards mana whenua and Māori of Tamaki Makaurau.

    70 Board's specific functions
    • (1) The board must appoint a maximum of 2 persons to sit on each of the Auckland Council's committees that deal with the management and stewardship of natural and physical resources.

      (2) If the Auckland Council asks the board to appoint a person or persons to any other of the council's committees, the board may do so.

      (3) The board must,—

      • (a) before making the appointments, seek the views of the Auckland Council as to the skills and experience that the council would like the appointees to have; and

      • (b) when making the appointments, take the views of the Auckland Council into account.

      (4) The board must consider a request by the Auckland Council that the board accept the delegation of a function by the council.

      (5) The board must act in accordance with a delegation that it has accepted.

    71 Board's powers
    • (1) The board may consult any person who the board considers is likely to help the board in carrying out its purpose.

      (2) The board may establish the committees it considers necessary to enable it to carry out its purpose.

      (3) The board may seek the advice it requires to enable it to carry out its purpose.

      (4) The board has any other powers that it needs to carry out its purpose and that are consistent with this Part.

    72 Auckland Council information provided to board
    • (1) The board may not exercise its powers in section 71 if doing so would disclose information that—

      • (a) is known to the board because the Auckland Council provided it to the board; and

      • (b) is information that the Auckland Council holds, as that term is used in the Local Government Official Information and Meetings Act 1987 and the Privacy Act 1993; and

      • (c) is information that the Auckland Council would withhold under the Local Government Official Information and Meetings Act 1987 or the Privacy Act 1993 if the council received a request for it.

      (2) Decisions on whether or not subsection (1)(b) and (c) apply to information that the Auckland Council provides to the board must be made on reasonable grounds.

      (3) When the Auckland Council decides that subsection (1)(b) and (c) apply to information that the council provides to the board, it must tell the board of its decision and the reasons for its decision.

    73 Auckland Council's duties to board
    • The Auckland Council must—

      • (a) provide the board with the information that the board needs to identify business of the council that relates to the board's purpose:

      • (b) consult the board on matters affecting mana whenua and Māori of Tamaki Makaurau:

      • (c) take into account the board's advice on ensuring that the input of mana whenua and Māori of Tamaki Makaurau is reflected in the council's strategies, policies, and plans:

      • (d) take into account the board's advice on other matters:

      • (e) make an agreement under clause 20 of Schedule 3 every year to provide the board with the funding it needs to carry out its purpose:

      • (f) work with the board on the design and execution of documents and processes that relate to seeking the input of mana whenua and Māori of Tamaki Makaurau.

    74 Schedule 3 applies to board
    • Schedule 3 applies to the board.

    Part 8
    Miscellaneous

    Substantive council-controlled organisations

    75 Council may impose additional accountability requirements on substantive council-controlled organisations
    • (1) In this section and section 76, substantive council-controlled organisation means a council-controlled organisation that—

      • (a) is wholly owned by the Council; and

      • (b) either—

        • (i) is responsible for the delivery of a significant service or activity on behalf of the Council; or

        • (ii) owns or manages assets with a value of more than $10 million dollars.

      (2) The Council may require a substantive council-controlled organisation to—

      • (a) include in its statement of intent a narrative on how the organisation will contribute to the Council's and, where appropriate, the Government's objectives and priorities for Auckland:

      • (b) deliver, no later than 1 month after the end of the first and third quarter of each financial year, a report on the organisation's operations during each quarter that includes the information required to be included by its statement of intent:

      • (c) prepare and adopt a plan covering a period of at least 10 years that describes how the organisation intends to—

        • (i) manage, maintain, and invest in its assets; and

        • (ii) maintain or improve service levels; and

        • (iii) respond to population growth and other changing environmental factors; and

        • (iv) give effect to the Council's strategy, plans, and priorities.

      (3) The Council may not require Auckland Transport to prepare and adopt a plan under subsection (2)(c).

      (4) This section does not limit or affect the application of Part 5 of the Local Government Act 2002 to a substantive council-controlled organisation.

    76 Councillors prohibited from appointment as directors of substantive council-controlled organisations
    • The Council must not appoint a person to be a director of a substantive council-controlled organisation if the person is, at the time of the appointment, a member of the governing body of the Council.

    Disputes between local boards and governing body

    77 Disputes about allocation of decision-making responsibilities, proposed bylaws, or local board agreements
    • (1) Subsection (2) applies if—

      • (a) 1 or more local boards is dissatisfied with a decision of the governing body under section 17(1); or

      • (b) a local board is dissatisfied with a decision of the governing body under section 24(3)(b) or 27(3)(b); or

      • (c) the governing body and a local board are having difficulty in settling the local board agreement for the local board's area.

      (2) The local board or boards concerned and the governing body must make reasonable efforts to reach a mutually acceptable and timely resolution of the dispute, having regard to—

      • (a) the requirements of this Act; and

      • (b) the current and future well-being of the communities of Auckland, and the interests and preferences of the communities within each affected local board area.

      (3) If. after acting under subsection (2), the dispute is still unresolved, the local board or boards may apply, in writing, to the Local Government Commission for a binding determination on the matter.

      (4) An application must be accompanied by copies of all reports, correspondence, and other information held by the local board or boards that are relevant to the matter.

    78 Local Government Commission to determine disputes
    • (1) Promptly after receiving an application under section 77(3), the Local Government Commission must notify the mayor and the chief executive of the application and request them to provide all reports, correspondence, and other information held by them that is relevant to the matter.

      (2) Promptly after receiving the information from the mayor and the chief executive, the Commission must—

      • (a) consider the information it has received from them, and from the local board or boards concerned under section 77(4); and

      • (b) determine the matter, having regard to—

        • (i) the requirements of this Act; and

        • (ii) the current and future well-being of the communities of Auckland, and the interests and preferences of the communities within each affected local board area.

      (3) For the purposes of making a determination, the Commission—

      • (a) may make any enquiries that it considers appropriate; and

      • (b) may (but is not obliged to) hold meetings with the local board or boards, governing body, or any other person.

      (4) The Commission may apportion the actual and reasonable costs incurred by it in making a determination between the local board or boards and the governing body as it thinks fit, having regard to the merits of the initial positions of the board or boards, and the governing body.

      (5) Any cost apportioned to a local board under subsection (4) must be paid from the local board's budget.

    79 Local Government Commission may delegate duty to determine dispute
    • (1) The Local Government Commission may, in writing, either generally or in a specific instance, delegate its function under section 78 to a committee of the Commission or a member of the Commission.

      (2) A committee or member to whom a function is delegated under this section may carry out the function in the same manner and with the same effect as if the function had been conferred directly by this Act and not by delegation.

      (3) Subsection (2) applies subject to any direction given or condition imposed by the Commission.

    Development contributions

    80 Development contributions for transport infrastructure
    • (1) The Council may include in a policy under section 106 of the Local Government Act 2002 a requirement for development contributions to fund the Council’s contribution to the cost of capital expenditure by Auckland Transport.

      (2) Subsection (1) applies only if the capital expenditure is capital expenditure that could be funded by development contributions if it were undertaken by the Council itself.

      (3) The Council may include the requirement as if—

      • (a) the total cost of the contribution provided by the Council were the total cost of the capital expenditure; and

      • (b) the capital expenditure were to be undertaken by the Council.

      (4) Subpart 5 of Part 8 of the Local Government Act 2002 applies, with any necessary modifications, to development contributions authorised by subsection (1).

      (5) This section applies despite anything to the contrary in subpart 5 of Part 8 of the Local Government Act 2002.

    81 Development contributions for assets managed by other parties
    • The powers of the Council to require development contributions under subpart 5 of Part 8 of the Local Government Act 2002 are not affected by arrangements for another person or organisation to manage council-owned—

      • (a) reserves:

      • (b) network infrastructure:

      • (c) community infrastructure.

    Prohibition on establishment of community boards

    82 Prohibition on establishment of community boards
    • Despite section 49 of the Local Government Act 2002, no community board may be established for any community within Auckland.

    Review of representation arrangements

    83 Review of representation arrangements under Local Electoral Act 2001
    • (1) For the purposes of section 19H(2) of the Local Electoral Act 2001, the Council must make—

      • (a) its first determination no earlier than after the completion of the 2013 triennial general elections but no later than 8 September 2018; and

      • (b) subsequently, at least once in every period of 6 years after that first determination.

      (2) However, if Auckland is required to be divided into 1 or more Māori wards for the purposes of the 2013 triennial general elections, the Council must make its first determination no later than 8 September 2012 and subsequently, at least once in every period of 6 years after that determination.

      (3) For the purposes of any review, the Local Electoral Act 2001 applies with any necessary modifications and as if the following paragraphs were added to section 19H(1) of that Act:

      • “‘(e) whether a local board area should be subdivided for electoral purposes or, as the case may be, whether it should continue to be subdivided for electoral purposes:

      • “‘(f) whether the boundaries of any subdivision of a local board area should be altered:

      • “‘(g) the number of members of any local board:

      • “‘(h) if a local board area is to be subdivided or continue to be subdivided,—

        • “‘(i) the proposed name and the proposed boundaries of each subdivision; and

        • “‘(ii) the number of members proposed to be elected by the electors of each subdivision.

    Auditor-General to review Council's service performance

    84 Auditor-General to review Council's service performance
    • (1) The Auditor-General must, from time to time, review the service performance of the Council and each of its council-controlled organisations.

      (2) Part 4 of the Public Audit Act 2001 applies to a review.

      (3) The Auditor-General may charge the Council for undertaking a review under this section and, for that purpose, section 42(2) to (5) of the Public Audit Act 2001 applies with any necessary modifications.

      (4) Nothing in this section limits or affects the powers of the Auditor-General under the Public Audit Act 2001.

    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
    • An employee of the Council who is elected to be a member of a local board must resign from his or her position as an employee of the Council before taking up his or her position as a member of the local board.