“Auckland Transport means the entity established by section 38 of the Local Government (Auckland Council) Act 2009

“receiving entity, in relation to a terminating organisation, means the entity listed in the second column of Schedule 4

“selection body means the body established by clause 2 of Schedule 3

“terminating organisation means an existing council-controlled organisation named or described in the first column of Schedule 4”.

“Auckland has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009”.

“Auckland Council or Council has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009”.

• “(cb) to do the following in relation to waste management and minimisation:

  • “(i) oversee the work, if any, of the existing local authorities in preparation for the first waste assessment that the Auckland Council will make under section 50(2) of the Waste Minimisation Act 2008; and

  • “(ii) oversee the preparation by the existing local authorities of detailed proposals for achieving long-term integrated waste management and minimisation planning and services in Auckland (including proposals for managing waste contracts, leases, and other arrangements in relation to waste); and

  • “(iii) prepare options on these matters for consideration by the Auckland Council:

• “(cc) to develop, in consultation with the Secretary for Internal Affairs, proposals in relation to the establishment of an Ethnic Peoples Advisory Panel to the Auckland Council (as required by section 111 of the Local Government (Auckland Law Reform) Act 2009), for consideration by the mayor of Auckland on his or her election:”.

• “(ivb) establishing a waterfront development agency as a council-controlled organisation of the Auckland Council under section 19B; and”.

• “(vii) making arrangements under section 21A in relation to the initial operation of Auckland Transport.”

• “(c) the election of members of the Waitakere and Portage Licensing Trusts will be held using the electoral system commonly known as First Past the Post (as defined in section 5(1) of the Local Electoral Act 2001).”

• “(c) exercise the duties of a chief executive under clause 21 of Schedule 7 of the Local Government Act 2002 to call the first meeting of the Council before 1 November 2010.”

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

• “(1) In order to assist the implementation of a single integrated Council rating policy from 1 July 2012 for Auckland, the chief executive appointed under section 17 must ensure that—

  • “(a) a single rating information database for Auckland is prepared under the Local Government (Rating) Act 2002; and

  • “(b) a district valuation roll for Auckland is prepared under the Rating Valuations Act 1998; and

  • “(c) the district valuation roll uses a common valuation system for setting general rates, being the capital value of land; and

  • “(d) the district valuation roll represents values current as at 1 July 2011.

  “(2) The chief executive must notify the Valuer-General, no later than 1 October 2010, of the arrangements made to give effect to the obligation under subsection (1) and, in doing so, must include the following information (supplied in accordance with section 8 of the Rating Valuations Act 1998):

  • “(a) the person or body who is to undertake the valuation services; and

  • “(b) the values and valuation bases proposed to be implemented or used in preparing the valuation roll and related information.

  “(3) In this section, capital value, district valuation roll, and valuation services have the meanings given to them in section 2(1) of the Rating Valuations Act 1998 and rating information database has the meaning given to it in section 5 of the Local Government (Rating) Act 2002.”

• “(1A) In preparing the document, the Transition Agency—

  • “(a) must make an initial allocation of decision-making responsibility for the non-regulatory activities of the Council between the Council's governing body and its local boards; and

  • “(b) must develop a liability management policy for the Council; and

  • “(c) may develop integrated funding and financial policies.

• “(1B) The Transition Agency must allocate responsibilities under subsection (1A)(a) in accordance with the principles set out in section 17(2) of the Local Government (Auckland Council) Act 2009 for allocating responsibilities.

• “(1C) The document must be treated as satisfying section 93 of the Local Government Act 2002—

  • “(a) as that section applies to the Auckland Council as a local authority; and

  • “(b) for the 2010/2011 and 2011/2012 financial years.”

• “(2A) Despite subsection (1C), Part 1 of Schedule 10 of the Local Government Act 2002 does not apply to the document.”

• “(4) Schedule 2 applies to the document.”

“19B Establishment of Auckland waterfront development agency

• “(1) The Transition Agency must establish a council-controlled organisation for Auckland Council, to be known as the Waterfront Development Agency, with responsibility for development of the Auckland waterfront.

  “(2) Section 35G applies to the establishment of the organisation as if the organisation were an organisation recommended by the Minister to be established under that section.”

“21A Appointment of interim chief executive for Auckland Transport

• “(1) The Transition Agency must, as soon as practicable, appoint a chief executive for Auckland Transport for a term ending no later than 30 June 2012.

  “(2) In making an appointment under subsection (1), the Transition Agency must have regard to—

  • “(a) the matters that the board of directors of Auckland Transport must consider in relation to appointing a chief executive for Auckland Transport under clause 29 of Schedule 2 of the Local Government (Auckland Council) Act 2009; and

  • “(b) the skills and experience required of a chief executive in order to—

    • “(i) prepare for the establishment of Auckland Transport on 1 November 2010; and

    • “(ii) exercise the powers set out in section 21B; and

    • “(iii) provide effective leadership of the staff and management of the systems and resources of Auckland Transport during its infancy.

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

• “(1) A chief executive appointed under section 21A may, on behalf of Auckland Transport,—

  • “(a) employ staff for Auckland Transport (whose start date may be before, on, or after 1 November 2010 as the chief executive thinks fit); and

  • “(b) enter into contracts, leases, and other agreements to enable Auckland Transport to operate efficiently and effectively on and from 1 November 2010.

  “(2) In acting under subsection (1)(a), the chief executive must follow the change management plan developed under section 13(2)(b) and any other protocols or processes developed by the Transition Agency.

  “(3) For the purposes of this section, the chief executive must exercise the powers and carry out the functions described in this section as if section 6 and Part 4 of the Local Government (Auckland Council) Act 2009 (as substituted by section 45 of the Local Government (Auckland Law Reform) Act 2009) were in force and the Auckland Council and Auckland Transport were established, and—

  • “(a) any appointment made under subsection (1)(a) by him or her before 1 November 2010 is—

    • “(i) deemed to be made with the express authority of Auckland Transport; and

    • “(ii) valid and enforceable; and

  • “(b) any contract, lease, or other agreement entered into under subsection (1)(b) by him or her before 1 November 2010 is—

    • “(i) deemed to be entered into with the express authority of Auckland Transport; and

    • “(ii) valid and enforceable.

  “(4) Despite subsection (3), the Transition Agency is responsible for all costs and other obligations associated with any appointment, contract, lease, or other agreement made by the chief executive under subsection (1) and incurred before 1 November 2010.

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

• The Transition Agency may exercise the powers of the chief executive described in section 21B—

  • “(a) with the agreement of the chief executive; or

  • “(b) as the chief executive, if no person is, for the time being, appointed under section 21A.”

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

• “(1) Despite sections 154 to 156 of the Crown Entities Act 2004 (as applied by section 45M of the Public Finance Act 1989), the Transition Agency is not required to produce audited financial statements for the financial year ending 30 June 2010.

  “(2) Instead, the financial statements required by section 45J of the Public Finance Act 1989 must cover the entire period of the Agency's existence.”

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

• “(1) For the purposes of preparing for the October 2010 triennial general elections for the Auckland Council, each existing local authority that is a territorial authority must, no later than 1 July 2010,—

  • “(a) make a bylaw, or amend an existing bylaw,—

    • “(i) to give effect, within its district, to the rules and requirements set out in Schedule 3 (which relates to signs); and

    • “(ii) that identifies all the land owned by the existing local authority on which signs may be erected in accordance with the bylaw; and

  • “(b) revoke any existing bylaw or part of any bylaw that is inconsistent with the rules and requirements set out in that schedule.

  “(2) Sections 155 and 156 of the Local Government Act 2002 do not apply to the making, amending, or revoking of a bylaw under this section.

  “(3) To avoid doubt, subsection (1) does not require the Franklin District Council to make, amend, or revoke any bylaw in respect of any part of its district in which, because of the reorganisation, elections for the Auckland Council will not be held.

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

• “(1) The Rodney District Council and the Waitakere City Council are not required to revise their district valuation rolls in 2010 for the purposes of a general revaluation.

  “(2) Subsection (1) applies despite the requirements of—

  • “(a) section 9(1), or any other provision, of the Rating Valuations Act 1998; or

  • “(b) the Local Government (Rating) Act 2002.

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

• “(1) The Auckland Regional Council must ensure that sufficient Watercare Services Limited employees are appointed (with effect no later than the close of 31 October 2010) as enforcement officers under section 177 of the Local Government Act 2002 for the purposes of dealing with or enforcing (by operation of section 97 of the Local Government (Auckland Law Reform) Bill 2009) water supply and wastewater services offences and bylaws after the Council is dissolved.

  “(2) The Council must consult the Transition Agency before acting under subsection (1).”

• “(ba) the interests of each existing local authority in any council-controlled organisation or council organisation become the interests of the Auckland Council in the council-controlled organisation or council organisation; and”.

• “(4) In subsection (1)(ba), interests includes property, rights, liabilities, contracts, entitlements, powers, duties, and functions.

• “(5) This section is subject to sections 35B to 35K.”

“35A Schedule 2 of Local Government Act 2002 consequentially amended

• Schedule 2 of the Local Government Act 2002 is consequentially amended by—

  • “(a) omitting from Part 1 the item relating to the Auckland Regional Council; and

  • “(b) omitting from Part 2 the items relating to Auckland City Council, Franklin District Council, Manukau City Council, North Shore City Council, Papakura District Council, Rodney District Council, and Waitakere City Council.

“35B Dissolution of certain council-controlled organisations

• “(1) On 1 November 2010 each terminating organisation is dissolved and—

  • “(a) all property belonging to each terminating organisation vests in the receiving entity; and

  • “(b) all information held by each terminating organisation is held by the receiving entity; and

  • “(c) all money payable to or by each terminating organisation becomes payable to or by the receiving entity; and

  • “(d) all rights, liabilities, contracts, entitlements, and engagements of each terminating organisation become the rights, liabilities, contracts, entitlements, and engagements of the receiving entity; and

  • “(e) anything done, or omitted to be done, or that is to be done, by, or in relation to, each terminating organisation must be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, the receiving entity; and

  • “(f) the commencement, continuation, or enforcement of proceedings by or against each terminating organisation must instead be commenced, continued, or enforced by or against the receiving entity without amendment to the proceedings; and

  • “(g) the completion of a matter or thing that would have, but for this section, been completed by a terminating organisation, must be completed by the receiving entity.

  “(2) To avoid doubt, the dissolution of a terminating organisation does not, of itself, affect any proceedings commenced by or against the terminating organisation.

  “(3) The dissolution of a terminating organisation and the transfer of its property, rights, and obligations to the receiving entity—

  • “(a) is not to be treated as placing a person in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and

  • “(b) is not to be treated as entitling a person to—

    • “(i) terminate or cancel or modify a contract, an agreement, or an arrangement; or

    • “(ii) enforce or accelerate the performance of an obligation; or

    • “(iii) require the performance of an obligation not otherwise arising for performance; and

  • “(c) does not release any surety wholly or in part from all or any obligation; and

  • “(d) does not invalidate or discharge any contract or security.

“35C Review of employment positions

• “(1) The chief executive of the Auckland Council appointed under section 17 must, in accordance with the change management plan developed in accordance with section 13(2)(b),—

  • “(a) review the position of persons employed by existing local authorities and terminating organisations; and

  • “(b) decide whether the employment of each person should be—

    • “(i) transferred on and from 1 November 2010 to a new employer; or

    • “(ii) terminated as at the close of 31 October 2010.

  “(2) If the chief executive decides that the employment of a person should be transferred, the chief executive must also decide—

  • “(a) who the person's new employer is to be; and

  • “(b) whether the employment of the person should be transferred on the same terms and conditions or on different terms and conditions.

  “(3) The chief executive must not decide that a person's new employer is to be—

  • “(a) Auckland Transport unless the chief executive has consulted the interim chief executive for Auckland Transport; or

  • “(b) Watercare Services Limited unless the chief executive has consulted the chief executive for Watercare Services Limited.

  “(4) The chief executive must, by 30 September 2010,—

  • “(a) complete the review and make the necessary decisions under subsections (1) and (2); and

  • “(b) notify in writing each employee and the employee's employer of the decision made in relation to the employee in the terms of subsection (1)(b); and

  • “(c) in the case of employees whose employment is to be transferred, notify each employee concerned—

    • “(i) of the employee's new employer; and

    • “(ii) whether the employment of the employee is to be transferred on the same terms and conditions or different terms and conditions; and

    • “(iii) if the employee's employment is to be transferred on different terms and conditions, of those different terms and conditions.

  “(5) Schedule 5 applies (to the extent specified in the schedule) in relation to employees whose positions are subject to review under this section.

  “(6) The Transition Agency may exercise the powers of the chief executive under this section,—

  • “(a) with the agreement of the chief executive; or

  • “(b) as the chief executive, if no person is, for the time being, appointed under section 17.

  “(7) In this section, section 35D, and Schedules 5 and 6, new employer means—

  • “(a) the Auckland Council, Auckland Transport, Watercare Services Limited, or a council-controlled organisation of the Auckland Council; but

  • “(b) in relation to employees referred to in clause (1)(c) of Schedule 5, the Auckland Council.

“35D Whether employees entitled to redundancy or other compensation

• “(1) Schedule 6 provides whether and (if so) to what extent an employee whose employment is transferred or terminated under section 35C and Schedule 5 is entitled to receive any payment or any other benefit (compensation) because—

  • “(a) the position held by the employee in the existing local authority or terminating organisation has ceased to exist; or

  • “(b) the employee has ceased (as a result of the transfer to the new employer) to be an employee of the existing local authority or terminating organisation; or

  • “(c) the employee has or has not been transferred to the same or substantially similar alternative position.

  “(2) If an employee's employment is to be terminated, the employee's employer must ensure that any compensation payable under Schedule 6 is paid to the employee on or before 31 October 2010.

  “(3) Compensation payable to an employee whose employment is transferred is payable by the employee's new employer.

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

• “(1) A terminating organisation is not required to prepare and adopt an annual report for the 2009/2010 financial year.

  “(2) Instead, a report for the period 1 July 2009 to 31 October 2010 must be prepared for the organisation, and adopted by its receiving entity.

  “(3) However, if a terminating organisation does prepare an annual report for the 2009/2010 financial year, a report for the period 1 July 2010 to 31 October 2010 must also be—

  • “(a) prepared for the terminating organisation; and

  • “(b) adopted by its receiving entity.

  “(4) Sections 67 and 68 of the Local Government Act 2002 apply, with all necessary modifications, to a report prepared and adopted under subsection (2) or (3) as if the report were an annual report.

“35F Power to amend Schedule 4

• “(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 4 to—

  • “(a) identify a council-controlled organisation of an existing local authority as a terminating organisation, by inserting the name of the organisation in the first column of that schedule; and

  • “(b) identify 1 or more entities of a type described in subsection (2) as a receiving entity for the organisation, by inserting the name or names of the entities in the second column of that schedule.

  “(2) The entities are—

  • “(a) the Auckland Council:

  • “(b) any existing local government organisation that, as from 1 November 2010, will be a council-controlled organisation of the Auckland Council:

  • “(c) any council controlled organisation of the Auckland Council established by this or any other enactment (whether or not the enactment is in force).

  “(3) The Minister must not recommend the making of an Order under this section unless he or she is satisfied that the dissolution of the council-controlled organisation concerned—

  • “(a) is necessary for the effective and efficient governance of Auckland; and

  • “(b) does not inappropriately constrain the discretion and accountability of the Auckland Council.

  “(4) An Order may be made under this section only if the Governor-General is satisfied that, at the time of the making of the Order, the council-controlled organisation concerned is wholly owned by 1 or more existing local government organisations.

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

• “(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, authorise the Auckland Transition Agency to establish, with effect on and from 1 November 2010, 1 or more entities as council-controlled organisations of the Auckland Council.

  “(2) An Order in Council made under subsection (1)—

  • “(a) must specify the objectives of the council-controlled organisation; and

  • “(b) must specify the governance structure of the organisation; and

  • “(c) may specify any other details concerning the structure and operation of the council-controlled organisation that the Minister recommends.

  “(3) The Minister must not recommend the making of an Order under this section unless he or she is satisfied that the establishment of the council-controlled organisation concerned—

  • “(a) is necessary for the effective and efficient governance of Auckland; and

  • “(b) does not inappropriately constrain the discretion and accountability of the Auckland Council.

  “(4) For the purposes of subsection (1), Part 5 of the Local Government Act 2002 applies to the establishment of a council-controlled organisation—

  • “(a) as if the Auckland Transition Agency were a local authority; and

  • “(b) with any necessary modifications, except that—

    • “(i) sections 56 and 57(1) of that Act do not apply; and

    • “(ii) the initial constitution of the organisation must provide for a review of its provisions by the Auckland Council before 30 June 2012.

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

• “(1) This section applies in relation to a council-controlled organisation of the Auckland Council established in accordance with section 35G.

  “(2) The Minister may, by notice in the Gazette, made on the recommendation of the Transition Agency, appoint the initial directors of a council-controlled organisation to which this section applies. However—

  • “(a) no director may be appointed for a term greater than 3 years; and

  • “(b) no more than one-third of the total number of directors may be appointed for a term greater than 2 years; and

  • “(c) no more than two-thirds of the total number of directors may be appointed for a term greater than 1 year but not greater than 2 years.

  “(3) A notice under subsection (2) may otherwise appoint the directors on any terms and conditions that the Minister prescribes.

  “(4) The Minister must not appoint a person under this section unless he or she is satisfied that the person has the skills, knowledge, or experience to—

  • “(a) guide the council-controlled organisation, having regard to the nature and scope of its activities; and

  • “(b) contribute to the achievement of the objectives of the organisation.

  “(5) To avoid doubt, a person appointed as a director in accordance with this section may be reappointed if the constitution of the council-controlled organisation allows persons to be reappointed for 1 or more further terms.

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

• “(1) The Minister of Transport and the Minister may, by notice in the Gazette, made on the recommendation of the Transition Agency, appoint the initial directors of Auckland Transport. However—

  • “(a) no director may be appointed for a term greater than 3 years; and

  • “(b) no more than one-third of the total number of directors may be appointed for a term greater than 2 years; and

  • “(c) no more than two-thirds of the total number of directors may be appointed for a term greater than 1 year but not greater than 2 years.

  “(2) A notice under subsection (1) may otherwise appoint the directors on any terms and conditions that the Minister prescribes.

  “(3) The Ministers must not appoint a person under this section unless they are satisfied that the person has the skills, knowledge, or experience to—

  • “(a) guide Auckland Transport, given the nature and scope of its activities; and

  • “(b) contribute to the achievement of the objective of Auckland Transport.

  “(4) To avoid doubt, a person appointed as a director in accordance with this section may be reappointed for 1 or more further terms.

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

• “(1) The assets specified in subsection (4) vest in Watercare Services Limited.

  “(2) The liabilities specified in subsection (4) become the liabilities of Watercare Services Limited.

  “(3) The rights, obligations, and other matters specified in subsection (4) become the rights, obligations, and other matters of Watercare Services Limited.

  “(4) The assets, liabilities, rights, obligations, and other matters referred to in subsections (1) to (3) are any assets, liabilities, rights, obligations, and other matters specified in an Order in Council made under subsection (5)—

  “(5) The Governor-General may, by Order in Council made before 1 November 2010, specify for the purposes of subsection (4) any assets, liabilities, rights, obligations, or other matters of the following local authorities that are used for or relate to water supply or wastewater services in Auckland (other than stand-alone water supply or wastewater schemes):

  • “(a) Auckland City Council; and

  • “(b) Waitakere City Council; and

  • “(c) North Shore City Council; and

  • “(d) Rodney District Council; and

  • “(e) Franklin District Council; and

  • “(f) Papakura District Council; and

  • “(g) Manukau City Council.

“35K Development contributions already made or owed

• “(1) This section applies to development contributions under subpart 5 of Part 8 of the Local Government Act 2002.

  “(2) Development contributions held by an existing local authority at the close of 31 October 2010 become development contributions held by the Auckland Council on 1 November 2010.

  “(3) The Auckland Council must hold the development contributions for the purposes for which they were required.

  “(4) Development contributions owed to an existing local authority at the close of 31 October 2010 must be made or paid to the Auckland Council on or after 1 November 2010.

  “(5) An obligation of an existing local authority to refund money or return land under section 209 or 210 of the Local Government Act 2002 existing at the close of 31 October 2010 becomes an obligation of the Auckland Council on 1 November 2010.

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

• “(1) The chief executive of the Ministry of Pacific Island Affairs must develop proposals in relation to the establishment of a Pacific Peoples Advisory Panel (as required by section 111 of the Local Government (Auckland Law Reform) Act 2009), for consideration by the mayor of Auckland on his or her election.

  “(2) The proposals must be developed no later than 1 November 2010.

  “(3) In acting under subsection (1), the chief executive—

  • “(a) must consult the Auckland Transition Agency and each existing local authority; and

  • “(b) may consult any other person that he or she thinks fit.”

“3 Purpose

• The purpose of this Act is—

  • “(a) to establish the Auckland Council as a unitary authority for Auckland; and

  • “(b) to set out the matters in relation to the Council's structure and functions, duties, and powers that differ from the general provisions applying to local authorities under the Local Government Act 2002 and certain other enactments; and

  • “(c) to establish arrangements for the management of transport and water supply and wastewater services for Auckland; and

  • “(d) to establish arrangements to promote issues of significance for mana whenua and Māori for Tamaki Makaurau; and

  • “(e) to provide the Local Government Commission with the necessary functions and powers to determine certain matters in relation to the Council.”

“Auckland Transport means the entity established under section 38

“Auckland water organisation means any of the following entities:

• “(a) the Auckland Council (except in section 50):

• “(b) Watercare Services Limited:

• “(c) a council-controlled organisation of the Auckland Council that provides water supply or wastewater services or both in Auckland

“water supply and wastewater services—

• “(a) includes both bulk and retail supply and services; but

• “(b) does not include stand-alone systems.”

• “(2) A governance statement prepared by the Council for the purposes of section 40 of the Local Government Act 2002 must include a description and explanation of the matters referred to in subsection (1) of this section.”

• “(2) Members of a local board—

  • “(a) must be elected in accordance with the Local Electoral Act 2001; and

  • “(b) must elect a chairperson from among themselves using one of the systems of voting set out in clause 25(3) and (4) of Schedule 7 of the Local Government Act 2002.”

• “(5) Without limiting subsection (4)(a), a person is a ratepayer elector for a local board area if the person is registered as a parliamentary elector outside the local board area and—

  • “(a) the person is identified in the Council's valuation roll as the sole ratepayer in respect of a rating unit within the local board area; or

  • “(b) the person is nominated to be enrolled as a ratepayer elector in respect of a rating unit within the local board area, owned by 1 or more ratepayers, none of whom is qualified as a residential elector within the local board area.

• “(6) To avoid doubt,—

  • “(a) section 19F of the Local Electoral Act 2001 does not apply to a local board; and

  • “(b) subsection (2)(a) does not affect the application of sections 117 and 117A of that Act (as applied by subsection (4)).”

“11A Indemnification and liability of local board members

• “(1) Sections 43 to 47 of the Local Government Act 2002 apply to a member of a local board, with any necessary modifications, as if the member were a member of a local authority.

  “(2) However, a member of a local board can be liable under section 46 or 47 of that Act only in respect of a matter that is the responsibility of the member's local board.”

“13A Local boards may be subject of reorganisation proposal

• “(1) A reorganisation proposal may deal with 1 or more of the following matters:

  • “(a) the establishment of a local board area:

  • “(b) the abolition of a local board area:

  • “(c) the alteration of the boundaries of a local board area:

  • “(d) the union of 2 or more local board areas.

  “(2) Sections 24 to 26 and Schedule 3 of the Local Government Act 2002 apply to a proposal under subsection (1) as if the local board area or areas were the district of a local authority or the districts of local authorities, as the case may be.

  “(3) To avoid doubt, the Auckland Council remains the affected local authority for the purposes of any proposal.”

• “(ca) the decision making of the Auckland Council in relation to the governance of its council-controlled organisations; and”.

• “(3) In carrying out the responsibilities described in this section, a local board should collaborate and co-operate with 1 or more other local boards in the situations where the interests and preferences of communities within each local board area align.”

• “(6) In subsection (3)(d)(ii), local revenue source includes—

  • “(a) a targeted rate for all or part of the local board area; and

  • “(b) a fee or charge relating to a local activity; and

  • “(c) any other revenue connected with a local activity.”

• “(2) To avoid doubt, section 235 of the Local Government Act 2002 (which relates to contraventions of Schedule 7) applies to members of local boards as if they were members of a local authority.”

“32A Powers of Minister in relation to local board

• The Minister may exercise the powers in sections 254 to 257 of the Local Government 2002 in relation to a local board and, for that purpose, those sections and Part 1 of Schedule 15 of that Act apply, with any necessary modifications, as if a local board were a local authority.

“32B Application of certain Acts to local boards

• “(1) The Ombudsmen Act 1975 applies to a local board as if the board were listed in Part 3 of Schedule 1 of that Act.

  “(2) The Local Government Official Information and Meetings Act 1987 applies to a local board as if the board were listed in Part 1 of Schedule 1 of that Act.

  “(3) The Local Authorities (Members' Interests) Act 1968 applies to a local board as if the board were listed in Part 1 of Schedule 1 of that Act.”

• “(8) To avoid doubt, section 81 of the Resource Management Act 1991 applies to any boundary adjustments made to a local authority region or district by an Order in Council made under this section.”

“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.”