Local Government (Protection of Auckland Assets) Amendment Bill

  • defeated on 19 August 2009

Local Government (Protection of Auckland Assets) Amendment Bill

Member's Bill

53—1

Explanatory note

General policy statement

This bill protects Auckland’s local authority assets by requiring a referendum under the Local Electoral Act 2001 before sale or privatisation.

Clause by clause analysis

Clause 1 is the Title provision.

Clause 2 provides for the bill to come into force on the day after the date on which it receives the Royal assent.

Clause 3 sets out the purpose of the bill.

Clause 4 defines the Principal Act as the Local Government Act 2002.

Clause 5 inserts new section 63A, preventing the sale, disposal, or surrender of control of assets or organisation listed in new Schedule 21.

Clause 6 adds new Schedule 21, listing protected Auckland assets.


Phil Twyford

Local Government (Protection of Auckland Assets) Amendment Bill

Member's Bill

53—1

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Local Government (Protection of Auckland Assets) Amendment Act 2009.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Purpose
  • The purpose of this Act is to prevent the sale or privatisation of council controlled organisations.

4 Principal Act amended
  • This Act amends the Local Government Act 2002.

5 New section 63A inserted
  • The following section is inserted after section 63:

    63A Restriction on sale or privatisation of Auckland local authority assets
    • (1) No Auckland local authority shall—

      • (a) sell or otherwise dispose of, or sell any equity securities; or

      • (b) surrender any voting rights; or

      • (c) relinquish any right to appoint trustees, directors, or managers (however described).

      (2) Subsection (1) applies to any asset or organisation listed in Schedule 21 of this Act unless the proposal for sale, disposal, or surrender of control has been carried by a majority of the valid votes cast in a referendum conducted under the provisions of the Local Electoral Act 2001.

      (3) No Auckland local authority shall sell or otherwise dispose of any parks, swimming pools, public libraries, or public housing assets, except in a business as usual transaction as part of normal portfolio management, unless the proposal for sale, disposal, or surrender of control has been carried by a majority of the valid votes cast in a referendum conducted under the provisions of the Local Electoral Act 2001.

      (4) In this section, Auckland local authority includes—

      • (a) Auckland City Council; or

      • (b) Auckland Regional Council; or

      • (c) Franklin District Council; or

      • (d) Manukau City Council; or

      • (e) North Shore City Council; or

      • (f) Papakura District Council; or

      • (g) Rodney District Council; or

      • (h) Waitakere City Council; or

      • (i) Auckland Transitional Authority (as established by the Local Government (Tamaki Makaurau) Act 2009); or

      • (j) any successor body to any of the above.

6 New Schedule added
  • The principal Act is amended by adding the Schedule 21 set out in the Schedule of this Act.


Schedule
New Schedule 21 added to principal Act

Schedule 21
Protected Auckland assets

s 63A

Auckland Regional Transport Authority

Auckland Regional Holdings Ltd

America's Cup Village Limited

Ports of Auckland Limited

Tourism Auckland and Visitor Trust

Sea+City Projects Limited

Metro Water Ltd

Auckland International Airport Ltd

Watercare Services Ltd

Auckland Regional Transport Network Ltd

NSC Holdings Ltd

12 North Shore Domain and North Harbour Stadium

North West Auckland Airport Ltd

Enterprise North Shore

Waitemata Harbour Clean-Up Trust

The Safer Papakura Trust

Proudly Papakura Trust

Manukau City Investments Ltd

Manukau Water Ltd

Tomorrow's Manukau Properties Ltd (TMPL)

TMPL (Flatbush) Ltd

Waste Disposal Services

Manukau Building Consultants Ltd

Manukau City Investments Ltd

Manukau Leisure Services Ltd

Manukau Education and Employment Trust

The City of Manukau Education Trust

Pakuranga Arts and Cultural Trust

Highbrook Park Trust

Manukau Beautification Charitable Trust

Te Puru Community Trust

Counties Manukau Pacific Trust

John Walker "Find Your Field of Dreams" Foundation

Waitakere City Holdings Ltd

Waitakere Properties Ltd

Waitakere Enterprise Trust

Prime West Ltd

Prime West Management Ltd

Araparera Forestry Management Ltd

Franklin Arts, Culture and Library Trust

Local Authority Shared Services Ltd