Local Government Act 2002

15 Local boards

(1)

Before adopting a reorganisation plan under clause 12 that proposes the continuation or constitution of a unitary authority, the Commission must ensure that the plan complies with the requirements in this clause.

(2)

In preparing the reorganisation plan, the Commission may include provisions for 1 or more local boards if it considers that good local government of the district of the unitary authority would be best promoted by providing for local boards in all or part of the district.

(3)

Provisions for local boards must be consistent with subpart 1A of Part 4 of this Act.

(4)

If a reorganisation plan includes provision for local boards, that plan must, in addition to the matters specified in clause 14, specify—

(a)

the number and names of local board areas within the district; and

(b)

the boundaries of—

(i)

each local board area; and

(ii)

electoral subdivisions, if any, of each local board area; and

(c)

the number of elected members of the local board for each local board area and, if a local board area is subdivided for electoral purposes, the number of members to be elected by the electors of each subdivision; and

(d)

whether each local board may include members appointed by the governing body of the unitary authority in accordance with section 48E(b); and

(e)

for each local board, whether the chairperson of the local board is to be—

(i)

elected by the members of the local board from among themselves using one of the systems of voting set out in clause 25(3) and (4) of Schedule 7; or

(ii)

directly elected to that office by the electors of the local board area.

(5)

In determining the matters referred to in subclause (4)(a), (b), (c), or (d), the Commission must ensure that—

(a)

the boundaries of the local board areas will—

(i)

enable democratic local decision making by, and on behalf of, communities throughout the district; and

(ii)

enable equitable provision to be made for the current and future well-being of all communities within the affected area; and

(b)

the boundaries of local board areas and any subdivisions of those areas coincide with boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes; and

(c)

so far as is practicable, local board area boundaries coincide with ward boundaries.

(6)

Clause 14(4) does not apply to a reorganisation plan under subclause (2).

(7)

To avoid doubt, clauses 14(3)(g) and 19 do not apply to any local board area included in a reorganisation plan under subclause (2).

Schedule 3 clause 15: replaced, on 8 August 2014, by section 69 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Schedule 3 clause 15(1): replaced, on 22 October 2019, by section 31 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Schedule 3 clause 15(2): amended, on 22 October 2019, by section 31 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Schedule 3 clause 15(4): amended, on 22 October 2019, by section 31 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Schedule 3 clause 15(6): amended, on 22 October 2019, by section 31 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Schedule 3 clause 15(7): amended, on 22 October 2019, by section 31 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).