16 Significant new activities proposed by regional council

(1)

This section applies if,—

(a)

in the exercise of its powers under section 12(2), a regional council proposes to undertake a significant new activity; or

(b)

a regional council-controlled organisation proposes to undertake a significant new activity; and

(c)

in either case, 1 or more territorial authorities in the region of the regional council—

(i)

are already undertaking the significant new activity; or

(ii)

have notified their intention to do so in their long-term plans.

(2)

When this section applies, the regional council—

(a)

must advise all the territorial authorities within its region and the Minister of the proposal and the reasons for it; and

(b)

must include the proposal in the consultation document referred to in section 93A.

(3)

A proposal included in the consultation document referred to in section 93A must include—

(a)

the reasons for the proposal; and

(b)

the expected effects of the proposal on the activities of the territorial authorities within the region; and

(c)

the objections raised by those territorial authorities, if any.

(4)

If, after complying with subsection (2), the regional council indicates that it intends to continue with the proposal, but agreement is not reached on the proposal among the regional council and all of the affected territorial authorities, either the regional council or 1 or more of the affected territorial authorities may submit the matter to mediation.

(5)

Mediation must be by a mediator or a mediation process—

(a)

agreed to by the relevant local authorities; or

(b)

in the absence of an agreement, as specified by the Minister.

(6)

If mediation is unsuccessful, either the regional council or 1 or more affected territorial authorities may ask the Minister to make a binding decision on the proposal.

(7)

Before making a binding decision, the Minister must—

(a)

seek and consider the advice of the Commission; and

(b)

consult with other Ministers whose responsibilities may be affected by the proposal.

(8)

This section does not apply to—

(a)

a proposal by a regional council to establish, own, or operate a park for the benefit of its region; or

(b)

a proposal to transfer responsibilities; or

(c)

a proposal to transfer bylaw-making powers; or

(d)

a reorganisation under Schedule 3; or

(e)

a proposal to undertake an activity or enter into an undertaking jointly with the Crown.

(9)

For the purposes of this section,—

affected territorial authority means a territorial authority—

(a)

the district of which is wholly or partly in the region of a regional council; and

(b)

that undertakes, or has notified in its long-term plan its intention to undertake, the significant new activity

new activity

(a)

means an activity that, before the commencement of this section, a regional council was not authorised to undertake; but

(b)

does not include an activity authorised by or under an enactment

regional council-controlled organisation means a council-controlled organisation that is—

(a)

a company—

(i)

in which equity securities carrying 50% or more of the voting rights at a meeting of the shareholders of the company are—

(A)

held by 1 or more regional councils; or

(B)

controlled, directly or indirectly, by 1 or more regional councils; or

(ii)

in which 1 or more regional councils have the right, directly or indirectly, to appoint 50% or more of the directors of the company; or

(b)

an organisation in respect of which 1 or more regional councils have, whether or not jointly with other regional councils or persons,—

(i)

control, directly or indirectly, of 50% or more of the votes at any meeting of the members or controlling body of the organisation; or

(ii)

the right, directly or indirectly, to appoint 50% or more of the trustees, directors, or managers (however described) of the organisation.

Section 16(1)(c)(ii): amended, on 22 October 2019, by section 6(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Section 16(1)(c)(ii): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 16(2)(b): replaced, on 8 August 2014, by section 10(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 16(3): amended, on 8 August 2014, by section 10(2) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 16(8)(d): amended, on 22 October 2019, by section 6(2) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Section 16(8)(d): amended, on 5 December 2012, by section 9 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 16(9) affected territorial authority paragraph (b): amended, on 22 October 2019, by section 6(3) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Section 16(9) affected territorial authority paragraph (b): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 16(9) annual plan: repealed, on 22 October 2019, by section 6(4) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).