Local Government (Early Application of Local Government Amendment Act (No 3) 1996 to Certain Local Authorities) Order 1996

Reprint
as at 6 December 1996

Coat of Arms of New Zealand

Local Government (Early Application of Local Government Amendment Act (No 3) 1996 to Certain Local Authorities) Order 1996

(SR 1996/353)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 2nd day of December 1996

Present:
The Right Hon J B Bolger presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This order is administered by the Department of Internal Affairs.


Pursuant to section 20 of the Local Government Amendment Act (No 3) 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council and on the recommendation of the Minister of Local Government, hereby makes the following order.

Order

1 Title
  • This order may be cited as the Local Government (Early Application of Local Government Amendment Act (No 3) 1996 to Certain Local Authorities) Order 1996.

2 Early application of Local Government Amendment Act (No 3) 1996 to certain local authorities
  • The provisions of section 20 of the Local Government Amendment Act (No 3) 1996 are hereby applied to the following local authorities:

    The Dunedin City Council

    The Masterton District Council

    The Opotiki District Council

    The Porirua City Council

    The Rodney District Council

    The Waipa District Council

    The Wellington Regional Council

    The West Coast Regional Council

    The Western Bay of Plenty District Council

Marie Shroff,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order applies section 20 of the Local Government Amendment Act (No 3) 1996 to the local authorities specified in the order.

The Local Government Amendment Act (No 3) 1996 inserts new provisions into the Local Government Act 1974 relating to the financial management and borrowing powers of local authorities. It also substitutes new sections 223D, 223E, and 223F relating to reporting by local authorities and the adoption of financial systems and reporting and record keeping procedures by local authorities. These provisions apply in relation to any financial year of a local authority beginning on or after 1 July 1998.

This order brings that date forward to 1 July 1997 in relation to the local authorities specified in the order.

The new provisions relating to the borrowing powers of local authorities require local authorities that create charges over their assets after 1 July 1998 to register the charges with the Registrar of Companies (sections 122Y and 122ZH). Any charges created before or on that date must be registered with the Registrar of Companies by 30 June 1999 (section 122ZK).

This order brings those dates forward to 1 July 1997 and 30 June 1998, respectively, in relation to the local authorities specified in the order.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 5 December 1996.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Local Government (Early Application of Local Government Amendment Act (No 3) 1996 to Certain Local Authorities) Order 1996. The reprint incorporates all the amendments to the order as at 6 December 1996, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)