Key
1 Title
2 Commencement
3 Purpose
Part 1
Amendments to Local Government (Tamaki Makaurau Reorganisation) Act 2009
4 Principal Act amended
4A Purpose of this Part
5 Commencement
6 Background and purpose of Act
7 Outline of Act
8 Interpretation
9 Part 2 repealed
10 Governing body of Transition Agency
11 Functions and duties of Transition Agency
12 Appointment of electoral officer for October 2010 triennial general elections
13 Appointment of interim chief executive for Auckland Council
14 Interim chief executive may appoint staff and enter into contracts
15 New sections 18AA and 18A inserted
16 Transition Agency may exercise powers under section 18 in certain circumstances
17 Preparation of planning document
17 New section 19A substituted
18 New section 19B inserted
19 New sections 21A to 21C inserted
20 New section 26A inserted
20A Dissolution of Auckland Transition Agency
21 Obligations of existing local authorities in relation to 2010/2011 annual report
22 New sections 29DAA to 29G inserted
22A No October 2010 triennial general election for existing local authorities
22B New section 34A inserted
23 Dissolution of existing local authorities
24 New sections 35A to 35L inserted
25 Schedule
23 New subparts 3 and 4 substituted
Governor-General's powers
Ministerial powers
Public officials' duties
Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau
Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989
Local Government (Watercare Services Limited) Order 2007
Relationship of this Part to enactments applying to existing local government organisations
26 New Schedules 2 to 4 added
Part 2
Amendments to Local Government (Auckland Council) Act 2009
27 Principal Act amended
27A Purpose of this Part
28 Commencement
29 New section 3 substituted
30 Interpretation
31 Relationship between this Act and Local Government Act 2002 and Local Electoral Act 2001
32 Auckland Council established
33 Decision-making of Council shared between governing body and local boards
34 Mayor of Auckland
35 Membership of local boards
36 New section 11A inserted
37 New section 13A inserted
38 Decision-making responsibilities of governing body
39 Decision-making responsibilities of local boards
39A New heading inserted before section 18
39B Heading before section 19 repealed
39C New section 19A inserted
40 Local board plans
40A New section 21 substituted
40B Local board agreements to be included in LTCCP and annual plan
40C Local board may propose bylaws
40D Local board must consult on proposed bylaw
41 Application of Schedule 7 of Local Government Act 2002 to local boards
42 New sections 32A and 32B inserted
43 Local Government Commission to determine boundaries of Auckland
44 Order in Council to give effect to determinations
45 New Parts 4 to 8 substituted
Auckland Transport
Governing body of Auckland Transport
Functions, powers, etc, of Auckland Transport
Auckland Council's role in transport matters
Miscellaneous provisions relating to Auckland Transport
Auckland water organisation may propose bylaws
Powers of Auckland water organisation
Nuisances created by Auckland water organisation
Rating of certain land owned by Auckland water organisation
Offences and liability for damage
Council to consult other Auckland water organisations when assessing water and other sanitary services
Substantive council-controlled organisations
Disputes between local boards and governing body
Development contributions
Prohibition on establishment of community boards
Review of representation arrangements
Auditor-General to review Council's service performance
Council employee elected to local board must resign before taking up position
Representation on port company board
46 New Schedules 2 and 3 added
Part 3AA
Preliminary provisions
46A Purpose of this Part and Parts 3, 4, and 5
46B Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989
46C Transitional regulations
Part 3
Savings, transitional provisions, and related matters (except employment)
Subpart 1AA—Preliminary matters
47AA Overview of this Part
47AB Interpretation
47AC Relationship between this Part and other enactments
Subpart 1—Amendments and repeals, and related matters
47 Consequential amendments
48 Repeal of Auckland Metropolitan Drainage Act 1960
49 Repeal of Local Government (Auckland) Amendment Act 2004
50 Disestablishment of Auckland Regional Transport Authority
51 Existing regional land transport programme and regional land transport strategy for Auckland continues in effect until 30 June 2012
52 Disestablishment of Auckland Regional Transport Network Limited
53 Review of employment provisions
54 Whether employees entitled to redundancy or other compensation
55 Obligations in relation to 2010/2011 annual report
Subpart 2—Transitional provisions relating to collective agreements
56 Collective bargaining before 1 November 2010 for variation or new collective agreement to come into force on that date
57 Application of existing collective agreements on and from 1 November 2010
Subpart 3—Savings and transitional provisions relating to Auckland Council and its subsidiaries
58 Interpretation
Council governance and framework
59 Prohibition on reorganisation proposals affecting Auckland until after October 2013 triennial general elections
60 October 2013 triennial general elections to be conducted using First Past the Post
First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009
61 First steps for board established by Part 7 of Local Government (Auckland Council) Act 2009
Moratorium on sale of certain Council property
62 Moratorium on sale of certain Council property
Existing directors and board members of council-controlled organisations and council organisations
63 Existing directors and board members of council-controlled organisations and council organisations
Council-controlled organisations
64 Half-yearly report replaced with 4-month report
64A Auckland Regional Holdings
64B Council dealings with directors of council-controlled organisations appointed under Reorganisation Act
Watercare Services Limited
65 Watercare Services Limited treated as local government organisation
66 Obligations on Watercare Services Limited until 30 June 2012
67 Official information
68 Statement of corporate intent
69 Completion of statement of corporate intent
70 Reports and accounts
71 How Watercare Services Limited to set prices
72 Members, local board members, and employees of Auckland Council must not be directors of Watercare Services Limited
73 Restrictions on form and asset ownership of Watercare Services Limited
74 Watercare Services Limited to administer and enforce trades waste bylaws
74A Offences for breach of Auckland Regional Council Trades Waste Bylaw 1991
74B Requiring authority status of Watercare Services Limited
Acquisition of shareholding in Auckland International Airport Limited
75 Exemption from Takeovers Code in relation to Auckland International Airport Limited shares
Interim rating matters
75A District valuation roll, rating information database, and rates records
75B Charges on rates
75C Consolidation of charges on rates
75D Council authorised to collect and deal with balance of rating matters for 2010/2011 financial year
Rates for 2011/2012 financial year
75E Rates for 2011/2012 financial year
75F Wastewater rate for 2011/2012 financial year
75G Council otherwise prohibited from setting rates for 2011/2012 financial year
75H Application of Local Government (Rating) Act 2002 to rates for 2011/2012 financial year
Payment of rates for 2010/2011 and 2011/2012 financial years
75I Payment of rates for 2010/2011 and 2011/2012 financial years
General rate for 2012/2013 financial year must be set using capital value of land
75J General rate for 2012/2013 financial year must be set using capital value of land
Mechanism to adjust significant changes resulting from Council moving to single rating system
76 Purpose of sections 77 to 80
77 Interpretation
78 Council may have rates transition management policy for 3-year period commencing 1 July 2012
79 How Council must apply rates transition management policy
80 Local Government (Rating) Act 2002 otherwise applies
Other rating matters
81 District valuation roll, rating information database, and rates records
82 Council authorised to collect and deal with balance of rating matters for 2010/2011 financial year
83 Rates for 2011/2012 financial year
84 Targeted rates proposals in 2011/2012 financial year
85 Charges on rates
Rates as security
86 Rates as security
Planning document prepared by Transition Agency
87AA Planning document must be treated as satisfying sections 93 and 95 of Local Government Act 2002
87AB Policies included in planning document must be treated as policies of Council
87 Certain policies in planning document have effect only in former districts and must be replaced by 30 June 2012
87A Allocation in planning document of decision-making responsibility for non-regulatory activities of Council fixed until certain plan adopted
First local board plans and agreements
87B First local board plans
87C First local board agreements
Reports prepared by existing local authorities under section 29C of Reorganisation Act
87D Reports prepared by existing local authorities under section 29C of Reorganisation Act
Reports prepared by terminating organisations under section 40 of Reorganisation Act
87E Reports prepared by terminating organisations under section 40 of Reorganisation Act
Development contributions
88 Development contributions already made or owed
88 Development contributions already held, owed to, or required by existing local authorities
89 Interim development contributions policy
90 Development contributions for water infrastructure
90 Development contributions for water supply or wastewater services infrastructure to be used by Watercare Services Limited
90A Auckland water organisation must not require further contribution unless increase in scale or intensity of development
91 Development contributions for transport infrastructure
Financial contributions
91A Financial contributions already made or owed to existing local authorities
91B Financial contributions for water supply or wastewater services infrastructure to be used by Watercare Services Limited
91C Council prohibited from requiring financial contributions after 1 July 2011 for Watercare Services Limited infrastructure
Bylaws
92 Bylaws about Auckland transport system that are transport-related
93 Bylaws about solid waste
94 Bylaws about matters other than transport and solid waste
Policies of existing local authorities
95AA Policies (transport-related)
95 Policies (other than transport-related)
Statutory warrants
96 Statutory warrants relating to transport law
97 Statutory warrants relating to law other than transport law
Fees and charges
98 Fees and charges: regulatory services
99 Fees and charges: non-regulatory services
98 Fees and charges
Standing orders
100 Standing orders
Delegations
101 Delegations (other than in relation to Resource Management Act 1991)
101A Delegations under Resource Management Act 1991
101B Delegations by New Zealand Transport Agency to existing local authority
Building
102 Building
Civil defence emergency management
103 Civil defence emergency management
Fire authority appointments
104 Fire authority appointments
104A Council may direct Principal Rural Fire Officer to perform functions in former district other than own former district
Resource management
105AA Section 81 of Resource Management Act 1991 does not apply to areas within Auckland Council jurisdiction
105 Resource management
105A Designations of existing local authorities that relate to transport activities
Other planning matters
106 Auckland regional growth strategy
107 Appeals against change or variation under Local Government (Auckland) Amendment Act 2004
107A Existing regional land transport programme and regional land transport strategy for Auckland continue in effect until 30 June 2012
Tax
108 Tax
108 Tax
Solid waste
109 Solid waste
Titles to land
110 Titles to land
Establishment of Pacific and Ethnic Advisory Panels for Auckland
111 Establishment of Pacific and Ethnic Advisory Panels for Auckland
Remuneration Authority determination
112 Remuneration Authority determination
Regional facilities Acts
113 Effect of dissolution of existing local authorities on regional facilities Acts
Subpart 4—Savings and transitional provisions relating to local authorities other than Auckland Council
114 Long-term council community plans
115 Annual plans for 2011/2012 financial year
116 Regional land transport programme and regional land transport strategy
117 Solid waste
118 Section 81 of Resource Management Act 1991 applies
119 Resource management
120 Development contributions owed or required by Franklin District Council and not transferred to Auckland Council
121 Hauraki District Council and Waikato District Council may require development contributions in accordance with schedules prepared under section 29G of Reorganisation Act
Part 4
Transitional provisions relating to employment
Subpart 1—Preliminary matters
122 Overview of Part
123 Interpretation
124 Advance exercise of powers
Subpart 2—Review of employment positions
125 Review of employment positions
126 Transfer of employment positions
127 Employees who neither accept nor decline offer of position that is not same or substantially similar or position at different location
Subpart 3—Redundancy and other compensation
128 Employees not entitled to redundancy or other compensation just because position or employer ceases to exist
129 Whether employees entitled to redundancy or other compensation
130 Compensation if employee accepts position at new location
131 Compensation deferred if permanent employee accepts fixed term employment
132 Which employer responsible for paying compensation
Subpart 4—Related matters
133 Continuity of employment
134 KiwiSaver Act 2006 does not apply to transferred employee
135 Application of Part 6A of Employment Relations Act 2000
Subpart 5—Collective bargaining and collective agreements
136 Collective bargaining before 1 November 2010 for variation of collective agreement or for new collective agreement to come into force on that date
137 Application of existing collective agreements on and from 1 November 2010
Part 5
Amendments and repeals
138 Consequential amendments
139 Repeal of Auckland Metropolitan Drainage Act 1960
Schedule 1
New Schedules 2 to 4 added to Local Government (Tamaki Makaurau Reorganisation) Act 2009
Schedule 2
New Schedule 3 added to Local Government (Auckland Council) Act 2009
Schedule 3
Enactments amended, repealed, or revoked
Schedule 4
Provisions that apply to certain employees of Auckland Regional Transport Authority and Auckland Regional Transport Network Limited
Schedule 5
Redundancy and compensation provisions that apply to certain employees of Auckland Regional Transport Authority and Auckland Regional Transport Network Limited
Legislative history