Local Government Act 2002

Schedule 6 Constitution of communities

ss 5(1), 8(2)(b), 49(1)

1 Constitution of communities

(1)

A community may be constituted in any part of a district in accordance with this schedule and must be wholly within 1 district.

(2)

A community may not be constituted for any part of a district if a community is already constituted for that part of that district.

(3)

A community may not be constituted for any part of a district that is within a local board area.

Schedule 6 clause 1(3): inserted, on 8 August 2014, by section 70 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

2 Matters pertaining to constitution of communities

(1)

An Order in Council or resolution constituting a community must—

(a)

fix the boundaries of the community and describe them in a manner that makes them readily capable of identification; and

(b)

assign a name to the community; and

(c)

fix the date of the first election of members of the board of the community, which may not be a date within 12 months before the date of the next triennial general election of members of the territorial authority in which the community is situated.

(2)

The boundaries of a community must coincide with the boundaries of the statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes.

(3)

The community must come into existence on the day after the day on which the electoral officer declares the result of the first election of the members of the community board.

Compare: 1974 No 66 s 101ZH

3 Proposals to establish community

(1)

Not less than 10% of the electors of a continuous area, having a population of 1 500 persons or more and being within the district of a territorial authority, may propose that the area be constituted as a community.

(2)

Not fewer than 100 electors of a continuous area having a population of fewer than 1 500 persons and being within the district of a territorial authority, being electors present at a meeting called by public notice by any elector or electors and being the majority of the electors present at that meeting, may propose that the area be constituted as a community.

Compare: 1974 No 66 s 101ZI

4 Requirements for proposal

(1)

A proposal to constitute a community must be accompanied by a plan or other description sufficient to identify the area.

(2)

Each signatory to the proposal must, against his or her signature, state his or her full name and the address in respect of which he or she possesses a qualification as an elector.

(3)

The proposal, or a copy of it, must be delivered or sent by post to the chief executive at the principal office of the territorial authority affected by the proposal.

(4)

The chief executive of the territorial authority must—

(a)

check whether or not each signatory to the proposal possesses a qualification as an elector; and

(b)

not later than 1 month after receiving the proposal, forward the proposal to the territorial authority, together with a certificate specifying the number of signatories to the proposal who are qualified as electors.

(5)

In the absence of proof to the contrary, the certificate of the chief executive is final.

(6)

The territorial authority must then consider the proposal and determine whether or not to constitute the community.

Compare: 1974 No 66 s 101ZJ

5 Proposal seeking constitution of communities

(1)

A proposal seeking the constitution of a community by means of a resolution must be—

(a)

submitted to the territorial authority; and

(b)

considered by the territorial authority at its next meeting or subsequent meeting.

(2)

If a territorial authority has considered a proposal, it must—

(a)

resolve to give effect to the proposal and invite public submissions on it; or

(b)

reject the proposal and give public notice of the rejection.

(3)

If a territorial authority has resolved to give effect to a proposal and to invite public submissions on it, it must give public notice of the intended resolution, and a copy of the proposal and a copy of the plan showing the boundaries of the proposed community must be prepared and deposited in the principal office of the territorial authority and in any other place or places that it considers necessary.

(4)

Each proposal and associated plan must be open for inspection by the public without fee for a period of 28 days following public notice of the proposal, and public notice must be given of the times and places where the proposal and plan are available.

(5)

A person or group of persons may make a written submission on the proposal within that period of 28 days or any further period that the territorial authority may allow, and each submission must be considered by the territorial authority, which must resolve to—

(a)

adopt the proposal; or

(b)

reject the proposal.

Compare: 1974 No 66 s 101ZK

Schedule 6 clause 5(1)(b): amended, on 7 July 2004, by section 25 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).

6 Matters to be considered when constituting community

In deciding whether or not to constitute a community, the territorial authority or, if appropriate, the Commission must have regard to the criteria as set out in clause 19 of Schedule 3 that apply to draft proposals that the territorial authority or Commission considers appropriate in the circumstances.

Compare: 1974 No 66 s 101ZL

Schedule 6 clause 6: amended, on 5 December 2012, by section 37(1)(a) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Schedule 6 clause 6: amended, on 5 December 2012, by section 37(1)(b) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

7 Appeal against refusal to constitute community

(1)

If, following a proposal to constitute a community, a territorial authority resolves not to constitute a community, a signatory to the proposal may appeal to the Commission.

(2)

The Commission has all the powers of the territorial authority in respect of the constitution of the community, and may determine the functions of the community board for a period of up to 3 years.

(3)

Nothing in subclause (2) prevents the territorial authority from conferring further responsibilities on the community board.

8 Procedures relating to resolution to constitute community

(1)

An Order in Council or resolution giving effect to a proposal to constitute a community or communities must contain a description of each community concerned.

(2)

A resolution constituting a community may not have effect unless—

(a)

a description or plan of the community has been sent to the Surveyor-General of the land district within which the district is situated; and

(b)

the Surveyor-General, or some person appointed by the Surveyor-General, certifies that the description or plan is sufficient to render the boundaries of each ward capable of identification.

(3)

If the description of a community to which subclause (2) applies is defective, but the Surveyor-General or person appointed by the Surveyor-General certifies that it may be amended and the defect overcome without making a change in what was evidently intended to be the area comprised in the description, the description may be so amended by resolution, and must have effect as if the provisions of subclause (2) had been complied with.

(4)

The following provisions apply to each resolution constituting a community or communities:

(a)

a copy must be sent by the territorial authority to—

(i)

the Secretary; and

(ii)

the Surveyor-General; and

(iii)

the Government Statistician; and

(iv)

the Commission; and

(v)

the Remuneration Authority; and

(b)

a copy must be kept at the principal office of the territorial authority, and must be available for inspection without fee by any person during normal office hours.

Compare: 1974 No 66 s 101ZN

9 Union, alteration, or abolition of communities

(1)

A community may be abolished or united with another community, and the boundaries of a community may be altered, by—

(a)

an Order in Council made under section 25:

(b)

the territorial authority or Commission as part of a review of the territorial authority’s representation arrangements.

(2)

An Order in Council under this clause must fix the date on which the communities must be united or on which the boundaries are altered or on which the community or communities are abolished.

(3)

On the union of 2 communities under this clause, the former communities must be deemed to be abolished and the members of the boards of the communities must go out of office.

(4)

On the date on which a community is abolished under this clause, the community board is deemed to be dissolved.

Compare: 1974 No 66 s 101ZO

Schedule 6 clause 9(1)(a): amended, on 5 December 2012, by section 37(2) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).