Local Government (Tamaki Makaurau Reorganisation) Act 2009

Before its repeal, this Act was administered by: Department of Internal Affairs
  • repealed
  • Local Government (Tamaki Makaurau Reorganisation) Act 2009: repealed, on 2 November 2010, by section 8.

Reprint as at 2 November 2010

Local Government (Tamaki Makaurau Reorganisation) Act 2009

Public Act2009 No 13
Date of assent23 May 2009
Commencementsee section 2

  • Local Government (Tamaki Makaurau Reorganisation) Act 2009: repealed, on 2 November 2010, by section 8.

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Internal Affairs.

Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Background and purpose of Act

4 Outline of Act

5 Interpretation

6 Relationship with Local Government Act 2002, Local Government (Auckland) Amendment Act 2004, Local Government Act 1974, and Local Electoral Act 2001

7 Act binds the Crown

8 Act repealed on close of 1 November 2010

Part 2
Auckland Council

9 Auckland Council established [Repealed]

Part 3
Transitional arrangements

Subpart 1—Auckland Transition Agency

10 Auckland Transition Agency established

11 Governing body of Transition Agency

12 Chief executive of Transition Agency

Functions and duties of Transition Agency

13 Functions and duties of Transition Agency

14 Appointment of electoral officer for October 2010 triennial general elections

15 Determination of certain electoral matters

16 Appointment of chief executive of existing local authority if vacancy arises during transition period

17 Appointment of interim chief executive for Auckland Council

18 Interim chief executive may appoint staff, enter into contracts, and call first meeting of Council

18A Interim chief executive must enter contract with Watercare Services Limited for collection of water rates

18B Interim chief executive must ensure arrangements for Auckland rating information database and district valuation roll

19 Transition Agency may exercise powers under section 18 or 18B in certain circumstances

19A Preparation of planning document

19B Establishment of waterfront development council-controlled organisation

19C Establishment of other council-controlled organisations

20 Review of existing local government organisation decisions and meeting agendas during transition period

21 Confirmation of decisions of existing local government organisations

21A Appointment of interim chief executive for Auckland Transport

21B Interim chief executive for Auckland Transport may appoint staff and enter into contracts

21C Transition Agency may exercise powers under section 21B in certain circumstances

Expenditure and recovery of costs

22 Expenditure to be approved by Ministers

23 Crown expenses and capital expenditure recoverable from Transition Agency

Application of certain enactments to Transition Agency

24 Application of Ombudsmen Act 1975 and Official Information Act 1982

25 Application of Public Audit Act 2001

26 Schedule 4 of Public Finance Act 1989 amended to include Transition Agency

26A Transition Agency not required to prepare annual financial statements for year ending 30 June 2010

Dissolution of Transition Agency

27 Dissolution of Auckland Transition Agency

28 Consequential amendment to Public Finance Act 1989

Subpart 2—Existing local authorities and local government organisations

29 Obligations of existing local authorities during transition period

29A Obligations of existing local authorities in relation to 2010/2011 annual plan

29B Rates and other revenue mechanisms

29C Obligations of existing local authorities in relation to 2009/2010 annual report

29D Obligations of existing local authorities under section 79 of Resource Management Act 1991

29E Obligations of existing local authorities in relation to October 2010 triennial general elections

29F Rodney District Council and Waitakere City Council 2010 revaluations not required

29G Auckland Regional Council must ensure sufficient Watercare Services Limited employees appointed as enforcement officers

29H Franklin District Council must prepare and adopt schedules relating to development contributions

30 Obligations of existing local government organisations (other than existing local authorities) during transition period

30A Watercare Services to plan and manage integration of water supply and wastewater services

31 Decision making during transition period

32 No October 2010 triennial general election for existing local authorities

33 Extraordinary vacancy during transition period

34 Chief executives of existing local authorities

34A Employees of existing local authorities and terminating organisations

Subpart 3—Dissolution of existing local authorities and other local government organisations

35 Dissolution of existing local authorities

36 Vesting of assets, etc, of existing local authorities in entities other than Auckland Council

37 Vesting of assets, etc, of existing local authorities in Watercare Services Limited

38 Terminating organisations

39 Vesting of assets, etc, of terminating organisations in entities other than receiving entity

40 Obligations of terminating organisations in relation to 2009/2010 annual report

41 Auckland Regional Transport committee disestablished

42 Rights, obligations, etc, not affected by dissolutions, transfers, vestings, etc, effected under this subpart

Subpart 4—Miscellaneous provisions

Governor-General's powers

43 Power to amend Schedule 4

44 Power to direct Transition Agency to establish council-controlled organisation

45 Power to specify certain fees and charges

46 Power to prescribe standing orders for Auckland Council

47 Transitional regulations

Ministerial powers

48 Minister may appoint initial directors of certain council-controlled organisations

49 Minister of Transport and Minister may appoint initial directors of Auckland Transport

Public officials' duties

50 Chief executive of Ministry of Pacific Island Affairs must develop proposals in relation to establishment of Pacific Peoples Advisory Panel

51 Remuneration Authority to determine remuneration for Auckland Council and local boards

52 Auckland Council to be entered in register of building consent authorities

Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau

53 Initial members of board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau to be appointed on or before 1 November 2010

Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989

54 Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989

Local Government (Watercare Services Limited) Order 2007

55 Amendment to Local Government (Watercare Services Limited) Order 2007

Relationship of this Part to enactments applying to existing local government organisations

56 Relationship of this Part to enactments applying to existing local government organisations

Schedule 1
Provisions relating to members, meetings, conflicts of interest, and procedure of governing body of Auckland Transition Agency

Schedule 2
Provisions relating to planning document required under section 19A

Schedule 3
Matters in relation to election signs that must be included in bylaw to be made for purposes of section 29E(1)(a)(i)

Schedule 4
Terminating organisations and receiving entities

Reprint notes