Supplementary Order Paper No 136

No 136

House of Representatives

Supplementary Order Paper

Tuesday, 1 June 2010

Local Government (Auckland Law Reform) Bill


Proposed amendments

Hon Rodney Hide, in Committee, to move the following amendments:

Amendments to Preliminary clauses

Clause 2

Subclause (1): to omit Parts 2, 3AA, (line 6 on page 17) and substitute Parts 2 (except sections 27 to 31 and 43),.

Amendments to Part 1

Clause 4A

Subclause (2)(b): to omit smooth transition of staff and and substitute transition of (line 32 on page 18).

To add the following subclause (after line 7 on page 19):

  • (3) This Part also makes other amendments to the principal Act.

Clause 5

To insert the following subclause after subclause (2) (after line 11 on page 19):

  • (2A) Section 2(3) is amended by omitting and subpart 3 of Part 3.

Subclause (3): new subsection (4): to omit and substitute (lines 13 to 15 on page 19):

  • (4) Subparts 3 and 4 of Part 3 (as substituted by section 23 of the Local Government (Auckland Law Reform) Act 2009) come into force on the day after the date on which that Act receives the Royal assent.

Clause 7

Subclause (2): to omit this subclause (lines 27 and 28 on page 19) and substitute the following subclause:

  • (2) Section 4(4) is amended by omitting Accordingly, this Part (other than sections 27 and 28 and subpart 3) commences 2 days after the date on which this Act receives the Royal assent.

Subclause (3): new subsection (7): to insert after powers, interests, (line 34 on page 19) property,.

Clause 8

Subclause (1): paragraph (b) of the new definition of boundary adjustment Order: to omit giving effect to the Local Government Commissions's (line 21 on page 20) and substitute that gives effect to the Local Government Commission's.

Subclause (1): new definition of receiving entity: to omit listed (line 26 on page 20) and substitute named.

Subclause (1): new definition of terminating organisation: to omit or described (line 31 on page 20).

Clause 11

To insert the following subclause after subclause (2) (after line 23 on page 22):

  • (2AA) Section 13(1)(g)(iv) is amended by omitting section 18 and substituting sections 18 and 18A.

To add the following subclause (after line 36 on page 22):

  • (5) Section 13(2)(b) is repealed and the following paragraph substituted:

    • (b) develop a change management plan that includes protocols and processes for managing—

      • (i) the transition of assets from existing local government organisations to give effect to the new local governance arrangements for Auckland; and

      • (ii) the transition or termination of staff from existing local government organisations to give effect to the new local governance arrangements for Auckland, having regard to the existing employment agreements applying to the staff.

Clause 12

To insert the following subclause before subclause (1) (before line 3 on page 23):

  • (1AA) Section 14(1) is amended by inserting or under after on an electoral officer by.

Clause 13

To add the following subclause (after line 18 on page 23):

  • (3) Section 17(2)(b)(ii) is amended by omitting section 18 and substituting sections 18, 18AA, and 18A.

Clause 15

New section 18AA(1): to omit (Rating) Act 2000 (line 5 page 24) and substitute (Rating) Act 2002.

Clause 17

New section 19A(2)(c): to insert after must ensure (line 1 on page 27) that.

New section 19A(3): to insert after principles (line 4 on page 27) for allocating responsibilities.

New section 19A(3): to omit for allocating responsibilities (line 6 on page 27).

Clause 18

Heading to clause 18: to omit section 19B (line 9 on page 27) and substitute sections 19B and 19C.

To omit section is (line 10 on page 27) and substitute sections are.

New section 19B(1): to omit organisation for (line 15 on page 27) and substitute organisation of.

New section 19B: to insert the following subsection after subsection (3) (after line 31 on page 27):

  • (3A) Without limiting subsection (3)(c), and to avoid doubt, an order made under subsection (3) may specify details concerning the financial structure and operation of the entity.

To insert the following section after new section 19B (after line 7 on page 28):

19C Establishment of other council-controlled organisations
  • (1) The Transition Agency must establish the council-controlled organisations (if any) that it is directed to establish in accordance with section 45 .

    (2) The Transition Agency must establish a council-controlled organisation to which this section applies in a way that complies with—

    • (a) the requirements of the relevant Order in Council; and

    • (b) Part 5 of the Local Government Act 2002; and

    • (c) any other relevant enactment.

    (3) For the purposes of subsection (2)(b), Part 5 of the Local Government Act 2002 applies—

    • (a) as if the Transition Agency were a local authority; and

    • (b) with any necessary modifications, except that—

      • (i) sections 56 and 57(1) of that Act do not apply; and

      • (ii) the initial constitution of the organisation must provide for a review of its provisions by the Auckland Council before 30 June 2012.

Clause 20A

New section 27(2D): to insert after information, (line 4 on page 31) money,.

Clause 22

Heading to new section 29DAA: to omit Review obligations (line 31 on page 31) and substitute Obligations.

New section 29DAA: omit in respect of that statement or plan (line 2 on page 32).

New section 29D(3): to omit reorganisation (lines 24 and 25 on page 32) and substitute boundary adjustment Order.

Heading to new section 29F: to omit before Council dissolved (line 3 on page 33).

New section 29G(2)(a)(i): to omit that, on 1 November 2010, in accordance with the boundary adjustment Order will become part of Waikato district (lines 23 to 25 on page 33) and substitute that on 1 November 2010, in accordance with the boundary adjustment Order, will become part of Waikato District.

New section 29G(2)(c)(i): to omit that, on 1 November 2010, in accordance with the boundary adjustment Order will become part of Hauraki district (lines 34 to 36 on page 33) and substitute that on 1 November 2010, in accordance with the boundary adjustment Order, will become part of Hauraki District.

New section 29G(2)(e)(i): to omit that, on 1 November 2010, in accordance with the boundary adjustment Order (lines 8 to 10 on page 34) and substitute that on 1 November 2010, in accordance with the boundary adjustment Order,.

New section 29G(6)(b): to omit current (line 34 on page 34).

Clause 23

New section 35(1)(j): to omit authority, (line 32 on page 45) and substitute authority.

New section 35(4): to omit sections (line 12 on page 46) and substitute section.

New section 36(2): to omit this subsection (lines 25 to 28 on page 46) and substitute the following subsection:

  • (2) An order made under this section—

    • (a) must be made before 1 November 2010; and

    • (b) has effect on and from 1 November 2010; and

    • (c) must specify the alternative entity (which must be one of the entities described in section 44(2)(b)(ii) or (iii)).

New section 37: to insert the following new subsection after new subsection (1) (after line 10 on page 47):

  • (1A) An order may also—

    • (a) identify the total liability of the existing local authorities that—

      • (i) relates to water supply or wastewater services (including any relevant portions of general liabilities); and

      • (ii) by operation of section 35(1)(g) will become the liability of the Auckland Council; and

    • (b) provide for a corresponding debt (however structured), owed by Watercare Services Limited to the Auckland Council.

New section 37(2): to insert after An order (line 11 on page 47) under this section.

New section 37(2)(a): to omit 2010: (line 12 on page 47) and substitute 2010; and.

Paragraph (b)(i) of the definition of water supply and wastewater services in new section 37(4): to omit of the (line 25 on page 47) and substitute of a.

New section 38(1)(h): to omit without amendment to the proceedings (line 27 on page 48) and substitute (without amendment to the proceedings).

New section 38(1)(i): to omit organisation, (line 30 on page 48) and substitute organisation.

New section 39(1)(a): to insert after entity other (line 22 on page 49) than.

New section 39(1)(b): to insert after liabilities of (line 24 on page 49) a.

New section 39(2): to omit this subsection (lines 29 to 32 on page 49) and substitute the following subsection:

  • (2) An order made under this section—

    • (a) must be made before 1 November 2010; and

    • (b) has effect on and from 1 November 2010; and

    • (c) must specify the alternative entity (which must be one of the entities described in section 44(2)(b)).

New section 40(2): to omit 1 July 2009 to 31 October 2010 (line 5 on page 50) and substitute beginning on 1 July 2009 and ending at the close of 31 October 2010.

New section 40(3): to omit 1 July to (line 10 on page 50) and substitute beginning on 1 July 2009 and ending at the close of.

Heading to new section 42: to omit Third party rights (line 22 on page 50) and substitute Rights.

New section 42(1)(a): to omit and obligations (line 28 on page 50) and substitute obligations, etc,.

New section 42(1)(d): to omit and obligations (line 2 on page 51) and substitute obligations, etc,.

New section 43: to omit this section (lines 21 to 31 on page 51).

New section 44: to insert the following subsection after subsection (2) (after line 28 on page 52):

  • (2A) An order made under this section must be made before 1 November 2010.

New section 44(4): to omit this subsection (lines 4 and 5 on page 53).

New section 45(1): to omit , with effect on and from 1 November 2010, 1 or more entities as council-controlled organisations of the Auckland Council (lines 12 to 14 on page 53) and substitute 1 or more entities as council-controlled organisations of the Auckland Council to operate on and from 1 November 2010.

New section 45(2): to omit subsection (1) (line 15 on page 53) and substitute this section.

New section 45: to insert the following subsection after subsection (2) (after line 23 on page 53):

  • (2A) Without limiting subsection (2)(d), and to avoid doubt, an order made under subsection (1) may specify details concerning the financial structure and operation of the organisation.

New section 45(3): to omit this subsection (lines 24 to 28 on page 53).

New section 45(4): to omit under this section (line 30 on page 53).

New section 45(6): to omit this subsection (lines 4 to 12 on page 54).

New section 46: to insert the following subsection after subsection (2) (after line 28 on page 54):

  • (2A) An order made under this section—

    • (a) must be made before 1 October 2010; and

    • (b) has effect on and from a specified date (being no later than the close of 31 October 2010).

New section 46(4): to omit this subsection (lines 31 to 34 on page 54).

New section 47(1): to omit for the Auckland Council (lines 3 and 4 on page 55) and substitute to serve as the standing orders of Auckland Council until the Council adopts its first standing orders under clause 27 of Schedule 7 of the Local Government Act 2002.

New section 47: to omit subsections (2) to (5) (lines 5 to 16 on page 55) and substitute the following subsections:

  • (2) The prescribed standing orders must not contravene the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

  • (3) An order made under this section—

    • (a) must be made before 1 November 2010; and

    • (b) has effect on and from 1 November 2010.

  • (4) The Minister must recommend the making of an order, but must first consult the Transition Agency.

New section 48(1)(b): to omit step, or (line 23 on page 55) and substitute a step, or a.

New section 48(2): to omit the order (line 29 on page 55) and substitute to do so.

New section 49(4): to omit chair and deputy chair (line 29 on page 56) and substitute chairperson and deputy chairperson.

New section 50(1): to insert after terms and conditions (line 5 on page 57) that.

New section 50(3): to omit this subsection (lines 20 and 21 on page 57).

New section 50(4): to omit chair and deputy chair (line 23 on page 57) and substitute chairperson and deputy chairperson.

New section 50: to add the following new subsection (after line 26 on page 57):

  • (5) The Ministers must not appoint a person under this section without first consulting the Transition Agency.

New section 51(3)(b): to omit that (line 6 on page 58) and substitute as.

New section 52(1)(b): to insert before chairpersons (line 13 on page 58) the.

New section 53: to omit 2009 (line 26 on page 58) and substitute 2009,.

New section 53: to omit of that Act (line 28 on page 58) and substitute the Building Act 2004.

Amendments to Part 2

Clause 30

Definition of Auckland Transport: to omit under (line 4 on page 62) and substitute by.

Definition of water supply and wastewater services: to omit this definition (lines 12 to 25 on page 63) and substitute the following definition:

water supply and wastewater services

  • (a) includes both bulk and retail supply and services; but

  • (b) does not include—

    • (i) water supply or wastewater schemes that are independent of a water supply network or wastewater network, as the case may be, within Auckland; or

    • (ii) privately owned water supply or wastewater schemes; or

    • (iii) stormwater drainage services, except to the extent that any stormwater drainage infrastructure is also used for wastewater services under normal dry weather flow conditions—

and water supply or wastewater services, water supply services, and wastewater services have corresponding meanings

Clause 35

Subclause (1A): to omit this subclause (lines 35 and 36 on page 64) and substitute the following subclause:

  • (1A) Section 11(4) is amended by omitting subsections (2) and (3), the Local Electoral Act 2001 applies and substituting (2)(a) and (3), the Local Electoral Act 2001 and any regulations made under that Act apply.

New clause 36A

To insert the following clause after clause 36 (after line 30 on page 65):

36A Functions, duties, and powers of local boards
  • (1) Section 13(2)(d) is amended by adding or Auckland Transport under section 45B.

    (2) Section 13(2)(f) is amended by adding or Auckland Transport under section 45B.

Clause 39C: new section 19A

Heading to new section 19A: to omit to (line 1 on page 67) and substitute must.

To insert the following subsection after subsection (1) (after line 5 on page 67):

  • (1A) The Auckland Council must include its first estimated local board funding allocation under this section in the plans no later than the date that the LTCCP for the period commencing 1 July 2012 is adopted.

New subsection (2): to insert after Council's (line 8 on page 67) local boards funding.

Clause 40

Subclause (1): new section 20(3): to omit local plan (line 18 on page 67) and substitute local board plan.

Subclause (1C): to omit this subclause (lines 35 and 36) and substitute the following subclause:

  • (1C) Section 20(4)(b)(iii) is repealed and the following subparagraph substituted:

    • (iii) the estimated funding allocation for the local board for the following year included in the LTCCP under section 19A; and.

Clause 40B

To insert the following subclause before subclause (1) (before line 29 on page 69):

  • (1AA) The heading to section 22 is amended by omitting to and substituting must.

Clause 40D

Subclause (3): new subsection (5): to omit a bylaw under subsection (3) or (4)(a) (lines 8 and 9 on page 70) and substitute under subsection (3) or (4)(a) a bylaw.

New clause 40E

To insert the following clause after clause 40D (after line 11 on page 70):

40E Heading above section 29
  • The heading above section 29 is amended by adding and their members.

Clause 45

Definition of board of directors or board in new section 37(1): to omit this definition (lines 18 and 19 on page 72).

Definition of director in new section 37(1): to add of Auckland Transport (lines 20 and 21 on page 72).

New section 38B: to omit In meeting its principal objective under section 59 of the Local Government Act 2002 and performing its functions and exercising its powers (lines 22 to 24 on page 73) and substitute In meeting its principal objective (as a council-controlled organisation) under section 59 of the Local Government Act 2002, and in performing its functions.

New section 41(e): to omit exercise (line 5 on page 77) and substitute perform.

New section 41(ea): to omit conferred expressly (line 9 on page 77) and substitute expressly conferred.

New section 41(ea): to omit Auckland Council may lawfully direct Auckland Transport (lines 10 and 11 on page 77) and substitute Council may lawfully direct it.

New section 42(1)(d): to omit (except the power under subsection (1)(a)), 591A, and 684 of the Local Government Act 1974 (line 38 on page 77 to line 1 on page 78) and substitute , 591A, and 684 of the Local Government Act 1974 (except the power conferred by section 591(1)(a).

New section 42(1)(e): to omit or a controlling (line 4 on page 78) and substitute and a controlling.

New section 42(1)(i): to omit those (line 22 on page 78) and substitute the power.

New section 42(2): to omit all (line 34 on page 78) and substitute any.

New section 42(3)(a): to omit all (line 4 on page 79) and substitute any.

New section 42A(4): to omit it receives (line 5 on page 80) and substitute they receive.

New section 42A(5): to omit meaning given (line 6 on page 80) and substitute same meaning as.

New section 43(2): to omit of a function or the exercise of a power (lines 29 and 30 on page 81) and substitute of the function or the exercise of the power.

New section 43(5): to omit (3) (line 8 on page 82) and substitute (4).

New section 43A(1): to add in relation to that land (line 16 on page 82).

New section 43A(2): to omit for any transport-related purpose of the Auckland transport system (lines 19 and 20 on page 82) and substitute in relation to the Auckland transport system and for any transport-related purpose.

New section 43A(2): to add of that land (line 21 on page 82).

New section 45B(1)(a): to omit consult on, (line 17 on page 84) and substitute consult on.

New section 45B(5): to omit Auckland Transport could itself have (line 13 on page 85) and substitute if Auckland Transport itself had.

New section 45B(6): to add for which it is responsible (line 18 on page 85).

New section 49(1)(a): to insert after wastewater services (line 22 on page 86) to its customers (collectively).

Heading to new section 49: omit on (line 18 on page 86) and substitute of.

New section 49B(3): to omit that was (line 29 on page 87).

New section 50(2)(a): to omit and supply (line 18 on page 88) and substitute or supply.

New section 51(2): to omit or modify (line 7 on page 89).

New section 51(5): to omit a bylaw under subsection (3) or (4)(a) (lines 32 and 33 on page 89) and substitute under subsection (3) or (4)(a) a bylaw.

New section 59A(2): to omit When (line 24 on page 93) and substitute Before.

New section 59A(2): to omit before making its decision (line 27 on page 93).

New heading above new section 61: to omit certain land (line 1 on page 95) and substitute land and assets.

New section 61(1): to omit in (line 7 on page 95) and substitute within.

Heading to new section 64AA: to omit to not (line 14 on page 96) and substitute not to.

New section 64(1): to omit who, wilfully or negligently, carries (lines 28 and 29 on page 96) and substitute who wilfully or negligently carries.

New section 64(4): to omit to, or instead of, the (line 16 on page 97) and substitute to or instead of the.

New section 64AA(1): to omit who (line 15 on page 96) and substitute that.

New section 64AA(1): to omit or 57 (line 16 on page 96) and substitute and 57.

New section 64AA(2): to omit who (line 17 on page 96) and substitute that.

New section 64B(c): to omit by the stoppage, (lines 13 and 14 on page 98) and substitute because of the stoppage,.

Heading above new section 65: to omit to (line 15 on page 98) and substitute must.

New section 66(2A)(b): to omit high level development (line 9 on page 99) and substitute high-level development.

New section 66(3)(p)(ii): to omit infrastructure services and (line 33 on page 100) and substitute infrastructure, services, and.

New section 66(3)(q)(i): to omit open space areas (line 1 on page 101) and substitute open-space areas.

New section 69(2): to omit no less than (line 31 on page 104) and substitute at least.

New section 73(2): to omit with (line 37 on page 106).

New section 73(3): to omit no less than (line 1 on page 107) and substitute at least.

New section 75AA(2)(f): to omit organisations' (line 1 on page 108) and substitute organisation's.

New section 75(2)(d): to omit require a substantive council-controlled organisation to (line 3 on page 109).

New section 75(2)(e): to omit prescribe requirements for the management of assets of a substantive council-controlled organisation (lines 7 and 8 on page 109) and substitute comply with any specified requirements for the management of the assets of the organisation.

Heading to new section 76B: to omit chair and deputy chair (line 19 on page 110) and substitute chairperson and deputy chairperson.

New section 76B(1): to omit chair and deputy chair (line 21 on page 110) and substitute chairperson and deputy chairperson.

New section 76B(2): to omit chair or deputy chair (line 24 on page 110) and substitute chairperson or deputy chairperson.

New section 78(3)(a): to omit enquiries (line 4 on page 112) and substitute inquiries.

Clause 46

Heading to clause 46: to omit Schedules 2 and (line 29 on page 115) and substitute Schedule.

Amendments to new Part 3AA

Clause 46A

Subclause (2)(b): to omit the transfer of (lines 13 and 14 on page 116).

Clause 46C

Subclause (1)(c): to omit step, or procedure (lines 1 and 2 on page 117) and substitute a step, or a procedure.

Amendments to Part 3

Clause 47AA

Subclause (1): to omit while (line 21 on page 117) and substitute whereas.

Subclause (2): to omit local authorities (other than Auckland Council) (lines 24 and 25 on page 117) and substitute other local authorities.

Clause 47AB

Subclause (1): to insert the following definition after the definition of Minister (after line 30 on page 118):

receiving entity has the same meaning as in section 5(1) of the Reorganisation Act

Definition of Auckland Transport in subsection (1): to omit has the same meaning as in section 4(1) (line 6 on page 118) and substitute means the entity established by section 38.

Definition of Auckland water organisation in subsection (1): to omit this definition (lines 8 to 10 on page 118).

Subclause (2): to omit 2002, have the same meaning as in that Act (lines 3 and 4 on page 119) and substitute 2002 or the Local Government (Rating) Act 2002 have the same meaning as in those Acts.

Clause 61

Subclause (5): to omit advisor (line 4 on page 131) and substitute adviser.

Clause 62

Subclause (1): to omit 1 July 2012 (line 13 on page 131) and substitute the end of the moratorium.

Definition of Auckland Council in subclause (4): to omit this definition (lines 21 to 24 on page 132) and substitute the following definition:

Auckland Council or Council (except in subsection (2)(aa)) includes—

  • (a) a council-controlled organisation of the Auckland Council; and

  • (b) a subsidiary of a council-controlled organisation of the Auckland Council

Definition of moratorium in subclause (4): to omit from 1 November 2010 to 1 July 2012 (lines 25 and 26 on page 132) and substitute beginning on 1 November 2010 and ending at the close of 30 July 2012.

Clause 64

Subclause (2): to omit 1 July 2010 to 31 October 2010 (lines 24 and 25 on page 133) and substitute beginning on 1 July 2010 and ending at the close of 31 October 2010.

Clause 64A

Subclause (3): to omit 2001 (line 6 on page 134) and substitute 2010.

Clause 66

Paragraph (g): to insert after section 68 (line 15 on page 136) of this Act.

Paragraph (h): to insert after section 69 (line 26 on page 136) of this Act.

Clause 67

To insert after Until (line 4 on page 137) the end of.

Clause 72

Subsection (1AA): to omit 1 July (line 31 on page 139) and substitute the end of 30 June.

Clause 74

Heading to clause 74: to omit trades waste (line 17 on page 140) and substitute trade wastes.

Subclause (1): to omit trades waste (line 20 on page 140) and substitute trade wastes.

Subclause (2): to omit trades waste (line 25 on page 140) and substitute trade wastes.

Subclause (3): to omit Trades (line 32 on page 140) and substitute Trade.

Subclause (4): to insert before Watercare Services (line 1 on page 141) On behalf of the Council,.

Subclause (4): to omit Trades Waste Bylaw 1991, on behalf of the Council, (lines 2 and 3 on page 141) and substitute Trade Waste Bylaw 1991.

Subclause (5): to omit Trades (line 6 on page 141) and substitute Trade.

Clause 74A

Heading to clause 47A: to omit Trades (line 7 on page 141) and substitute trade wastes.

Subclause (1): to omit Wastes (line 10 on page 141) and substitute Waste.

Subclause (1): to insert after Bylaw 1991 (line 10 on page 141) (as continued by section 74(3) of this Act).

Subclause (4): to omit Wastes (line 3 on page 142) and substitute Waste.

Clause 74B

Subclause (1)(b): to omit supply and distribution of water, and collection, treatment, and disposal (lines 18 and 19 on page 142) and substitute supply or distribution of water or the collection, treatment, or disposal.

Subclause (2): to omit this subclause (lines 32 to 34 on page 142) and substitute the following subclause:

  • (2) Subsection (3) applies to infrastructure only—

    • (a) to the extent that the operation, maintenance, and improvement of infrastructure are not covered by the requiring authority approvals; and

    • (b) until this section expires.

Subclause (4): to omit this subclause (line 3 on page 143).

Subclause (5)(b): to omit a decision (line 6 on page 143) and substitute the date of a decision.

Clause 75

To omit Council or (line 18 on page 143) and substitute Council (or.

To omit Council of (line 20 on page 143) and substitute Council) of.

Clause 75A

Subclause (1)(b): to omit that database (line 34 on page 143) and substitute each database.

Subclause (1)(c): to omit for the area to which that database relates (lines 3 and 4 on page 144).

Clause 75B

Subclause (1): to omit by the operation (line 12 on page 144) and substitute by operation.

Clause 75C

Subclause (1): to omit by the operation (line 22 on page 144) and substitute by operation.

Subclause (5): to insert after unless (lines 4 and 5 on page 145) he or she.

Subclause (5)(a): to omit he or she (line 6 on page 145).

Subclause (5)(b): to omit he or she (line 9 on page 145).

Subclause (5)(c): to omit he or she (line 12 on page 145).

Clause 75D

Heading to clause 75D: to omit financial year (line 17 on page 145) and substitute and previous financial years.

Subclause (1)(b): to omit in any previous year (lines 24 and 25 on page 145) and substitute prior to 1 July 2010.

Subclause (3): to insert after money collected (line 29 on page 145) by the Council.

Clause 75E

Subclause (2)(a): to insert after section 77 (line 8 on page 146) of this Act.

Clause 75F

Subclause (2): to omit on (line 5 on page 147) and substitute for.

Subclause (2): to insert after variation (line 6 on page 147) (assessed as described in section 75E ).

Subclause (2): to omit (as calculated under section 75E(2)) (lines 7 and 8 on page 147).

Heading above clause 75J

To omit must be set using capital value of land (lines 18 and 19 on page 148).

Clause 75I

Subclause (1): to omit Despite section 52(1)(a) of the Local Government (Rating) Act 2002 (lines 12 and 13 on page 148) and substitute Until the close of 30 June 2012.

Subclause (2): to omit expires on 30 June 2012 (line 17 on page 148) and substitute prevails over section 52(1)(a) of the Local Government (Rating) Act 2002.

Clause 76

To omit can (line 30 on page 148) and substitute may.

To omit starting on 1 July 2012 and ending 30 June 2015 (lines 31 and 32 on page 148) and substitute beginning on 1 July 2012 and ending at the close of 30 June 2015.

Clause 77

Paragraph (a) of the definition of previous rates: to omit rates (lines 10 on page 149) and substitute rate.

Definition of rating unit: to omit this definition (lines 21 and 22 on page 149).

Definition of rating year: to omit any of (line 23 on page 149).

Definition of unchanged rating unit: to omit this definition (line 35 on page 149 to line 11 on page 150) and substitute the following definition:

unchanged rating unit, in respect of a particular rating year, means a rating unit that, compared with the immediately preceding rating year, is unchanged in terms of the information to be used for setting and assessing rates for the rating unit. For the purposes of this definition, the following are not changes in information:

  • (a) a change resulting from the valuation required by section 18B of the Reorganisation Act; or

  • (b) a change resulting from an objection under section 29 of the Local Government (Rating) Act 2002; or

  • (c) a change resulting from a correction under section 40 of the Local Government (Rating) Act 2002; or

  • (d) a change resulting from the implementation of a decision of the Land Valuation Tribunal under section 39 of the Rating Valuations Act 1998.

Clause 78

Subclause (2): to omit (whether positive or negative) (lines 18 and 19 on page 150).

Clause 79

To insert the following subclause before subclause (1) (before line 11 on page 151):

  • (1AA) This section applies to the calculation of rating liability for rating units within Auckland if the Council adopts a rates transition management policy under section 78 of this Act.

Clause 80

Subclause (2): to omit 75I, (line 1 on page 152) and substitute 75J,.

Clause 87AA

Heading to clause 87AA: to omit must be (line 3 on page 155).

Subclause (1): to omit 1 November 2010 to 30 June 2012 (line 8 on page 155) and substitute beginning on 1 November 2010 and ending at the close of 30 June 2012.

Subclause (2): to omit 1 November 2010 to 30 June 2011 (lines 11 and 12 on page 155) and substitute beginning on 1 November 2010 and ending at the close of 30 June 2011.

Clause 87AB

Heading to clause 87AB: to omit must be (line 28 on page 155).

Subclause (2): to omit Schedule, (line 2 on page 156) and substitute schedule.

Clause 87

Heading to clause 87: to omit in planning document (line 4 on page 156).

Clause 87A

Heading to clause 87A: to omit fixed until certain plan adopted (line 20 on page 157).

Clause 87D

Subclause (1): to omit 2009 (line 7 on page 159).

Subclause (2): to omit all (line 9 on page 159) and substitute any.

Clause 87E

Subclause (2): to omit all (line 25 on page 159) and substitute any.

Subclause (3): to omit this subclause (lines 28 and 29 on page 159).

Clause 88

Heading to clause 88: to omit already held, owed to, or (line 6 on page 160).

Subclause (3): to omit contribution is (line 14 on page 160) and substitute contributions are.

Subclause (3): to insert after wastewater (line 15 on page 160) services.

Clause 89

Heading to clause 89: to omit policy (line 17 on page 160) and substitute policies.

Clause 90

Heading to clause 90: to omit water supply or wastewater services infrastructure to be used by (lines 3 and 4 on page 162) and substitute certain infrastructure transferred to.

Subclause (1)(a): to insert after Council (line 10 on page 162) on or.

Subclause (2): to omit (6) (line 13 on page 162) and substitute (5).

Subclause (3)(a): to omit was (line 20 on page 162) and substitute were.

Subclause (3)(b): to omit is (line 23 on page 162) and substitute were.

Subclause (4): to insert after required by (line 25 on page 162) the close of.

Subclause (5): to omit as provided for in this section (line 31 on page 162).

Clause 90A

Heading to clause 90A: to omit this heading (lines 32 to 34 on page 162) and substitute the following heading: Limitations on requiring further contribution for water supply or wastewater services infrastructure.

To add the following subclause (after line 10 on page 163):

  • (3) In this section, Auckland water organisation has the same meaning as in section 4(1) of the Local Government (Auckland Council) Act 2009.

Clause 91

Subclauses (1) and (2): to omit these subclauses (lines 12 to 32 on page 163) and substitute the following subclause:

  • (1) This section applies to a development contribution (or any part of a development contribution) that is required for transport infrastructure and that is—

    • (a) paid or made to the Council on or after 1 November 2010 under a policy described in section 87AB; or

    • (b) referred to in section 88(2).

Clause 91A

Subclause (2): to omit the money was (line 9 on page 164) and substitute they were.

Subclause (3): to omit contribution is (line 11 on page 164) and substitute contributions are.

Clause 91B

Heading to clause 91B: to omit water supply or wastewater services infrastructure to be used by (lines 14 and 15 on page 164) and substitute certain infrastructure transferred to.

Subclause (1): to insert after that is (line 19 on page 164) or was.

Subclause (1): to insert after infrastructure (line 20 on page 164) and that is.

Clause 91C

Heading to clause 91C: to omit this heading (lines 32 to 34 on page 164) and substitute the following heading: Prohibition on requiring contribution for certain infrastructure of Watercare Services Limited.

Subclause (2): to omit this subclause (lines 3 to 8 on page 165) and substitute the following subclause:

  • (2) This section prevails over section 108 of the Resource Management Act 1991 and applies even if a district plan in force under section 105(2) of this Act authorises a financial contribution to be imposed under that Act.

Clause 92

To insert the following subclause after subclause (2) (after line 19 on page 165):

  • (2A) Each bylaw remains in force in the area to which it applied at the close of 31 October 2010.

Subclause (3): to omit A bylaw to which this section applies must be reviewed (line 32 on page 165) and substitute Each bylaw must be reviewed by Auckland Transport.

Clause 93

Subclause (3B): to omit 58(1)(b) (line 37 on page 166) and substitute 58.

Subclause (3B): to insert after to any bylaw (line 38 on page 166) described in subsection (1)(a)(i).

Clause 94

Subclause (3B): to omit this subclause (lines 13 to 16 on page 168) and substitute the following subclause:

  • (3B) If section 159 of the Local Government Act 2002 applies to a bylaw confirmed or amended under this section, for the purposes of that section the date of the confirmation or amendment of the bylaw must be treated as if it were the date of the initial last review of the bylaw.

Clause 95AA

Heading to clause 95AA: to omit (transport-related) (line 2 on page 169) and substitute that are transport-related.

Subclause (1)(d): to add referred to in section 107A(3) (line 15 on page 169).

Clause 95

Heading to clause 95: to omit (other than transport-related) (line 30 on page 169) and substitute that are not transport-related.

Clause 96

Subclause (1)(c)(i): to insert after contractor to the (line 1 on page 171) existing.

Subclause (3)(a): to insert after it was issued (line 12 on page 171) does not work or.

Subclause (3B)(a): to insert after it was issued (line 1 on page 172) does not work or.

Clause 97

Subclause (1)(b): to omit this paragraph (lines 12 and 13 on page 172) and substitute the following paragraph:

  • (b) they were issued by an existing local authority to—

    • (i) an employee of or contractor to the existing local authority; or

    • (ii) an employee of Watercare Services Limited:

Subclause (3)(a): to omit ceases to work for the Auckland Council: (lines 21 and 22 on page 172) and substitute does not work or ceases to work for the Auckland Council or Watercare Services, as the case may be:.

Clause 98

Subclause (2): to omit for the area to which it applies (lines 32 and 33 on page 173) and substitute in the area to which it applied at the close of 31 October 2010.

Clause 100

Subclause (2): to insert after prescribed by (line 14 on page 174) any.

Clause 101

Subclause (4): to omit subdelegated (line 13 on page 175) and substitute delegated.

Subclause (4)(a): to insert before Auckland Council (line 16 on page 175) date on which the.

Clause 101A

Subclause (2)(b): to omit hearings commissioners (line 34 on page 175) and substitute a hearings commissioner.

Subclause (4): to omit sub-delegated (line 2 on page 176) and substitute delegated.

Subclause (4)(a): to insert before Auckland Council (line 5 on page 176) date on which the.

Clause 101B

Subclause (1)(b): to omit section 37 (line 15 on page 176) and substitute section 37.

Subclause (3)(a): to insert before New Zealand (line 22 on page 176) date on which the.

Clause 102

Subclause (4)(a): to omit section 53 (line 15 on page 177) and substitute section 53.

Clause 104A

To omit this clause (lines 1 to 17 on page 180) and substitute the following clause:

104A Council may direct Principal Rural Fire Officer to also perform functions in other districts
  • Until the Auckland Council appoints a Principal Rural Fire Officer for Auckland under section 13(1) of the Forest and Rural Fires Act 1977, it may direct a person described in section 104(4) to also perform the functions of his or her office in the following districts:

    • (a) the district of an existing local authority for which, at the close of 31 October 2010, there is no Principal Rural Fire Officer:

    • (b) the former district of an existing local authority for which, at any time after the close of 31 October 2010 but before the appointment of the Principal Rural Fire Officer for Auckland, there ceases to be a Principal Rural Fire Officer.

Clause 105AA

Heading to clause 105AA: to omit within Auckland Council jurisdiction (line 20 on page 180) and substitute included within Auckland.

Clause 105

Subclause (3A): to omit from (line 25 on page 181).

Subclause (3A): to insert after subsection (3) (line 26 on page 181) of this section.

Subclause (7A): to insert after Subsection (7B) (line 15 on page 182) of this section.

Subclause (7B)(b): to omit resolves to fix (line 23 on page 182) and substitute fixes.

Subsection (8): to omit 180 (line 32 on page 182) and substitute 180(2).

Subclause (8): to insert after subsections (7) and (7A) (line 34 on page 182) of this section.

Subclause (14): to insert after (12), and (13) (line 7 on page 184) of this section.

Clause 105A

Definition of Auckland transport system in subclause (3): to omit meaning given (line 21 on page 184) and substitute same meaning as.

Definition of designation in subclause (3): to omit meaning given (line 24 on page 184) and substitute same meaning as.

Definition of transport activities in subclause (3): to omit activity (line 27 on page 184) and substitute activity.

Clause 106

Subclause (2): to insert after their repeal (line 4 on page 185) by this Act.

Clause 107

Subclause (2)(a): to insert after repealed (line 25 on page 185) by this Act.

Clause 107A

Heading to clause 107A: to omit until 30 June 2012 (line 32 on page 185).

Clause 108

Subclause (3)(b): to insert after Council (line 7 on page 189) or Watercare Services Limited.

Subclause (14): to omit the date on which the Auckland Council is established (lines 1 and 2 on page 191) and substitute 1 November 2010.

Subclause (15): to omit held voting interests and substitute held the voting interests (line 6 on page 191).

Clause 110

Subclause (2)(a): to omit council-controlled organisation or other entity, of the estate or the interest of the existing council-controlled organisation or entity (lines 20 to 22 on page 194) and substitute local authority, existing council-controlled organisation, or other entity, of the estate or the interest of the existing local authority, council-controlled organisation, or entity.

Clause 113

Subclause (1)(c): to omit (P) (line 18 on page 196).

Subclause (3): to insert after exceptions (line 29 on page 196) stated in the section.

Clause 115

Subclause (2): to omit 93 (line 31 on page 197) and substitute 95.

Clause 116

Heading to clause 116: to omit and regional land transport strategy (lines 1 and 2 on page 198).

Clause 117

Subclause (2): to omit (4) and (5) (line 24 on page 198) and substitute (3) and (4).

Clause 119

Subclause (3): to insert after RMA relating to (line 21 on page 199) an.

Subclause (4): to omit an existing (line 28 on page 199) and substitute the existing.

Subclause (5): to omit an existing (line 34 on page 199) and substitute the existing.

Clause 120

Heading to clause 120: to omit this heading (lines 1 and 2 on page 200) and substitute the following heading: Franklin District Council development contributions not transferred to Auckland Council.

Subclause (2): to omit district or Waikato district gains territory from the former Franklin district (lines 5 and 6 on page 200) and substitute District or Waikato District gains territory from the former Franklin District.

Subclause (2): to insert after in accordance with the (line 6 on page 200) boundary adjustment.

Subclause (4): to omit this subclause (lines 17 to 23 on page 200).

Clause 121

Heading to clause 121: to omit development contributions in accordance with schedules prepared under section 29G of Reorganisation Act (lines 25 to 27 on page 200) and substitute schedule development contributions.

Subclause (1): to omit Franklin district, (line 31 on page 200) and substitute Franklin District,.

Subclause (3): to omit Franklin district, (lines 3 and 4 on page 201) and substitute Franklin District,.

Definition of Order in subclause (5): to omit this definition (line 18 on page 201).

Definition of the territory of its district gained from the former Franklin district in subclause (5): to omit district means the territory gained by the Hauraki district or the Waikato district, as the case may be, in accordance with the (lines 20 to 22 on page 201) and substitute District means the territory gained by the Hauraki District or the Waikato District, as the case may be, in accordance with the boundary adjustment.

Amendments to Part 4

Clause 123

Paragraph (a) of the definition of chief executive in subclause (1): to omit Local Government (Tamaki Makaurau Reorganisation) Act 2009 (lines 30 and 31 on page 202) and substitute Reorganisation Act.

Subclause (1): to add the following definition:

Reorganisation Act means the Local Government (Tamaki Makaurau Reorganisation) Act 2009

Subclause (2): to omit Local Government (Tamaki Makaurau Reorganisation) Act 2009 (lines 24 and 25 on page 203) and substitute Reorganisation Act.

Subclause (3): to omit an offer of (line 27 on page 203).

Clause 125

Subclause (1): to omit Local Government (Tamaki Makaurau Reorganisation) Act 2009 (lines 19 and 20 on page 205) and substitute Reorganisation Act.

Clause 129

Table in subclause (1): to omit is offered the same (line 8 on page 209) and substitute offered same.

Table in subclause (1): to omit is offered position that is not the same (line 20 on page 209) and substitute offered position that is not same.

Clause 130

Subclause (1): to omit to,— (line 16 on page 210) and substitute to—.

Clause 137

Subclause (3): to insert after not replaced (line 32 on page 215) or varied.

Subclause (3): to insert after collective agreement (line 32 on page 215) or a variation of a collective agreement.

Amendments to Part 5

Clause 139

Subclause (1): to omit (19 No 15(L)) (line 8 on page 216) and substitute (1960 No 15 (L)).

Amendments to Schedules

Schedule 1

New Schedule 2: clause 3(1)(a): to omit in relation to (line 9 on page 219) and substitute for.

New Schedule 2: clause 3(1)(a): to omit and to the (line 10 on page 219) and substitute and for the.

New Schedule 2: clause 3(1)(b): to omit in relation to (line 11 on page 219) and substitute for.

New Schedule 2: clause 4(1A)(d): to omit on (line 10 on page 220).

New Schedule 2: clause 4(3A): to omit include 1 of the following: (line 5 on page 221 and substitute include—.

New Schedule 2: clause 4(3A)(a): to omit Council: (line 7 on page 221) and substitute Council; or.

New Schedule 2: clause 4(3A)(b): to omit authorities: (line 11 on page 221) and substitute authorities; or.

New Schedule 2: clause 4(3A)(c): to omit plans, (line 15 on page 221) and substitute plans of the existing local authorities,.

New Schedule 2: clause 4(3A)(c): to omit reflect (line 16 on page 221) and substitute reflects.

New Schedule 2: clause 4(3A)(c)(iii): to omit waste water (line 26 on page 221) and substitute wastewater.

New Schedule 2: clause 4(6): to omit the Reorganisation Act (line 7 on page 222) and substitute this Act.

New Schedule 2: clause 6(1): to insert after section 35(1)(ba) (line 11 on page 223) of this Act.

New Schedule 3: clause 4(2)(b): to omit if the erection of the sign is not inconsistent with the agreement (lines 3 and 4 on page 226) and substitute and the erection of a sign is not inconsistent with that agreement, the tenant's consent.

Heading to new Schedule 4: to omit Termination (line 3 on page 228) and substitute Terminating.

Schedule 3

Part 1: item relating to Land Transport Management Act 2003 (2003 No 118): item relating to section 23(4): to insert before Auckland Transport (line 8 on page 274) and.

Part 1: item relating to Local Government Act 1974 (12974 No 66): item relating to section 707A: to omit this item (line 17 on page 278).

Part 1: item relating to Local Government Act 2002 (2002 No 84): to insert the following items after the item relating to section 313 (line 29 on page 279):

Part 1 of Schedule 2: omit item relating to the Auckland Regional Council.

Part 2 of Schedule 2: omit items relating to Auckland City Council, Franklin District Council, Manukau City Council, North Shore City Council, Papakura District Council, Rodney District Council, and Waitakere City Council.

Part 2: to insert the following item after the item relating to Auckland and Manukau Canal Act 1908 (1908 No 24 (L)) (after line 17 on page 284):

Auckland Aotea Centre Empowering Act 1985 (1985 No 9 (L))

Repeal.

Part 2: item relating to Auckland City Council (Remuera Shopping Development) Empowering Act 1975 (1975 No 4 (L)): item relating to heading to section 2: to omit this item (lines 6 and 7 on page 287) and substitute the following item:

Heading to section 2: omit the Corporation's and substitute Auckland Council's.

Part 2: item relating to Auckland Improvement Trust Act 1971: to add (1971 No 9 (L)) (line 14 on page 290).

Part 2: item relating to Museum of Transport and Technology Act 2000 (2000 No 1) (P): item relating to section 21(2): to insert after in any (line 6 on page 306) year.


Explanatory note

This Supplementary Order Paper amends the Local Government (Auckland Law Reform) Bill. Most of the amendments are of a minor, typographical, or technical nature (for example, cross-references and inconsistencies in language within the Bill are corrected). In addition, there are some more substantial amendments, including the amendments discussed in the following paragraphs.

New section 49 in clause 45 sets out the obligations of Auckland water organisations. This includes the obligation to manage its operations efficiently with a view to keeping the overall costs of water supply and wastewater services at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets. The amendment to this clause clarifies that this obligation is in relation to its customers (collectively).

Clause 138(1) of the Bill amends, repeals, and revokes certain enactments in the manner indicated in Schedule 3. The repeal of the Auckland Aotea Centre Empowering Act 1985 (L) is now included in that schedule.