Local Government (Taupo District Council Long-term Plan 2012–22) Validation Order 2014

  • revoked
  • Local Government (Taupo District Council Long-term Plan 2012–22) Validation Order 2014: revoked, on 1 July 2015, by clause 3.

Reprint as at 1 July 2015

Coat of Arms of New Zealand

Local Government (Taupo District Council Long-term Plan 2012–22) Validation Order 2014

(LI 2014/370)

Local Government (Taupo District Council Long-term Plan 2012–22) Validation Order 2014: revoked, on 1 July 2015, by clause 3.

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 8th day of December 2014

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Department of Internal Affairs.

Pursuant to section 261(b) of the Local Government Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title

This order is the Local Government (Taupo District Council Long-term Plan 2012–22) Validation Order 2014.

2 Commencement

This order comes into force on 9 January 2015.

3 Revocation of this order

This order is revoked at the close of 30 June 2015.

4 Interpretation

In this order, unless the context otherwise requires, Act means the Local Government Act 2002.

5 Validation of adoption of long-term plan

(1)

The action of the Taupo District Council in resolving on 24 September 2013 to adopt the long-term plan for the period 2012–22 is validated.

(2)

The validation effected by subclause (1) applies to the extent only that the Taupo District Council made the resolution concerned after 1 July 2012 (which was after the time required under section 93(3) of the Act).

Michael Webster,
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, which comes into force on 9 January 2015, is made under the Local Government Act 2002 (the Act). This order validates the adoption of the long-term plan for the period 2012–22 (2012–22 LTP) by the Taupo District Council (the TDC) under section 93 of the Act.

Section 93(1) of the Act requires a local authority to have a long-term plan at all times. Under section 93(3) of the Act, a long-term plan must be adopted before the commencement of the first year to which it relates. Accordingly, the TDC’s 2012–22 LTP should have been adopted before 1 July 2012. The TDC—

  • resolved on 12 June 2012 that the 2012–22 LTP be adopted for audit by Audit New Zealand; and

  • resolved on 26 June 2012 to receive the audit report from Audit New Zealand on the 2012–22 LTP; but

  • resolved on 24 September 2013 to formally adopt the 2012–22 LTP.

Therefore, the TDC’s late adoption of the 2012–22 LTP needs to be validated to remove uncertainty about the status of the 2012–22 LTP and any decisions made in accordance with the 2012–22 LTP (for example, the rates set by the TDC under the Local Government (Rating) Act 2002).

This order is revoked at the close of 30 June 2015 to correspond with the date until which the TDC’s 2012–22 LTP continues in force under section 93(3) of the Act.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 11 December 2014.

Reprints notes
1 General

This is a reprint of the Local Government (Taupo District Council Long-term Plan 2012–22) Validation Order 2014 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Local Government (Taupo District Council Long-term Plan 2012–22) Validation Order 2014 (LI 2014/370): clause 3