Local Government Act 2002 (Greater Local Democracy) Amendment Bill

  • defeated on 12 August 2015

Local Government Act 2002 (Greater Local Democracy) Amendment Bill

Member’s Bill

37—1

Explanatory note

General policy statement

The National Government repealed the need for referendums to be held prior to the amalgamation of local government bodies in 2012. This bill reinstates the requirement for a poll of affected electors in each district or region to ensure support for changes to the organisation of local authorities and restore the democratic right of constituents to participate in changes affecting them.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause and provides that the bill will come into force on the day after the date on which it receives the Royal assent.

Clause 3 states that the bill amends the Local Government Act 2002.

Clause 4 amends Schedule 3 of the Act, which relates to the reorganisation of local authorities. Clause 24 is repealed, so that a petition is no longer required for holding a poll about a final proposal that provides for any of the following matters:

  • the union of districts or regions:

  • the constitution of a new district or region, including the constitution of a new local authority for that district or region:

  • the abolition of a district or region, including the dissolution or abolition of the local authority for that district or region:

  • the assumption by a territorial authority of the powers of a regional council.

Clause 25(1) is replaced with a subclause requiring a poll to be held in each district or region of the affected area. Clause 28(1) is amended so that a final proposal must not proceed unless the majority of votes in each district or region of the affected area are in favour of the proposal.

Stuart Nash

Local Government Act 2002 (Greater Local Democracy) Amendment Bill

Member’s Bill

37—1

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Local Government Act 2002 (Greater Local Democracy) Amendment Act 2015.

2 Commencement

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

3 Principal Act

This Act amends the Local Government Act 2002 (the principal Act).

4 Schedule 3 amended

(1)

In Schedule 3, repeal clause 24.

(2)

In Schedule 3, replace clause 25(1) with:

(1)

If a final proposal has been issued under clause 21(1)(a) or (b), a poll of electors must be held in each district or region in the affected area to determine whether or not the final proposal is to proceed and become a reorganisation scheme.

(3)

In Schedule 3, clause 28(1), after “poll”, insert “in each district or region of the affected area”.