Local Government (Auckland Council) Act 2009

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs
  • not the latest version
  • This version was reprinted on 20 May 2016 to make a correction to clause 8(4) of Schedule 2 under section 25(1)(j)(i) and (v) of the Legislation Act 2012.

Reprint as at 10 May 2016

Coat of Arms of New Zealand

Local Government (Auckland Council) Act 2009

Public Act
 
2009 No 32
Date of assent
 
22 September 2009
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Department of Internal Affairs.

Contents

1Title
2Commencement
Part 1
Preliminary provisions
3Purpose
4Interpretation
4ATransitional, savings, and related provisions
5Relationship between this Act and Local Government Act 2002, Local Government Act 1974, Local Electoral Act 2001, and Land Transport Management Act 2003
Part 2
Auckland Council
Auckland Council established as unitary authority
6Auckland Council established
7Decision-making of Council shared between governing body and local boards
Governing body
8Governing body of Auckland Council
9Mayor of Auckland
Local boards
10Local boards
11Membership of local boards
11AAProhibition on membership of more than 1 local board
11AABNominations for more than 1 local board
11AACWhat happens if a person is elected to more than 1 local board
11AADProhibition on candidacy for local board
11AIndemnification and liability of local board members
12Status of local boards
13Functions, duties, and powers of local boards
13ALocal boards may be subject of reorganisation proposal [Repealed]
Decision making
14General scheme
15Decision-making responsibilities of governing body
16Decision-making responsibilities of local boards
17Principles for allocation of decision-making responsibilities of Auckland Council
Identification of local activities and allocation of funding
18Local activities must be identified in LTP and annual plan [Repealed]
19Local boards funding policy
19AEstimated local board funding allocation must be included in LTP and annual plan [Repealed]
Local board plans and agreements
20Local board plans
21Local board agreements
22Local board agreements must be included in LTP and annual plan
23Monitoring and reporting
Bylaws
[Repealed]
24Local board may propose bylaw [Repealed]
25Local board must consult on proposed bylaw [Repealed]
26Local board may propose amendment to bylaw [Repealed]
27Local board may propose revocation of bylaw [Repealed]
28Joint bylaw proposals [Repealed]
Miscellaneous matters relating to local boards and their members
29Application of Schedule 7 of Local Government Act 2002 to local boards and their members
30Code of conduct [Repealed]
31Delegations to local boards from governing body [Repealed]
31ADelegations by local boards [Repealed]
32Chief executive responsible for certain matters in relation to local boards [Repealed]
32APowers of Minister in relation to local board [Repealed]
32BApplication of certain Acts to local boards [Repealed]
Part 3
Transitional arrangements
[Repealed]
Subpart 1—Local Government Commission
[Repealed]
33Local Government Commission to determine boundaries of Auckland [Repealed]
34Local Government Commission to determine local board areas and wards [Repealed]
35Order in Council to give effect to determinations [Repealed]
35ALocal Government (Auckland Wards and Local Boards) Determination 2010 amended [Repealed]
Subpart 2—Consequential amendments
[Repealed]
36Amendment to Local Government Act 2002 [Repealed]
Part 4
Transport management for Auckland
37Interpretation
Auckland Transport
38Establishment of Auckland Transport
39Purpose of Auckland Transport
40Operating principles
41Status and powers of Auckland Transport
42Auckland Transport’s status as council-controlled organisation and application of Part 5 of Local Government Act 2002
Governing body of Auckland Transport
43Governing body of Auckland Transport
44Duties of directors
Functions, powers, etc, of Auckland Transport
45Functions of Auckland Transport
46Functions and powers of Auckland Transport acting as local authority or other statutory body
47Auckland Transport is requiring authority
48Limitations on Auckland Transport acting under section 46(1)(c) or 47
Auckland Council’s role in transport matters
49Council may make operating rules for Auckland Transport
50Council prohibited from performing functions and exercising powers conferred on Auckland Transport under sections 46 and 47
51Council’s powers under Public Works Act 1981 fettered for works relating to Auckland transport system
52Council’s jurisdiction in respect of roads defined more widely than in Local Government Act 1974
Miscellaneous provisions relating to Auckland Transport
53Validity of directors’ acts
54Delegations
55Restriction on borrowing
56Auckland Transport’s jurisdiction in respect of roads defined more widely than in Local Government Act 1974
Part 5
Water supply and wastewater services for Auckland
57Obligations of Auckland water organisation
58Auckland water organisation must give effect to LTP and act consistently with other specified plans and strategies of Council
59Auckland water organisation may occupy certain Crown land without charge
60Status of Auckland water organisation under Public Works Act 1981
Auckland water organisation may propose bylaws
61Auckland water organisation may propose bylaw
62Auckland water organisation must consult on proposed bylaw
Powers of Auckland water organisation
63Powers of Auckland water organisation under Local Government Act 1974
64Powers of Auckland water organisation under Local Government Act 2002
65Construction of works on roads and public land by Auckland water organisation
66Notice requirement
67Auckland water organisation to be notified of conditions
68Failure to notify conditions
69Urgency
70Appeals by Auckland water organisation to District Court
71Council to appoint enforcement officers
Nuisances created by Auckland water organisation
72Abatement of nuisances created by Auckland water organisation
Rating of land and assets owned by Auckland water organisation
73Rating of land and assets owned by Auckland water organisation
Offences and liability for damage
74Offence not to comply with any of sections 65, 66, and 69
75Offences relating to carrying out work on water supply or wastewater assets of Auckland water organisation without notice
76Offences relating to damage to water supply or wastewater assets of Auckland water organisation
77Liability for damage by wilful or negligent behaviour towards water supply or wastewater work
Council must consult other Auckland water organisations when assessing water and other sanitary services
78Council must consult other Auckland water organisations when assessing water and other sanitary services
Part 6
Spatial planning for Auckland
79Spatial plan for Auckland
80Development, adoption, and implementation of spatial plan
Part 7
Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau
81Establishment and purpose of board
82Board independent
83Board’s name
84Board’s general functions
85Board’s specific functions
86Board’s powers
87Auckland Council information provided to board
88Auckland Council’s duties to board
89Schedule 2 applies to board
Part 8
Miscellaneous
Substantive council-controlled organisations
90Council must have accountability policy for substantive council-controlled organisations
91Council may impose additional accountability requirements on substantive council-controlled organisations
92Substantive council-controlled organisations must give effect to LTP and act consistently with other specified plans and strategies of Council
93Councillors and local board members prohibited from appointment as directors of substantive council-controlled organisations
94Director of substantive council-controlled organisation elected to Council or local board must resign before taking up position
95Council may appoint chairperson and deputy chairperson of substantive council-controlled organisation
Council-controlled organisations must hold specified meetings in public
96Council-controlled organisations must hold specified meetings in public
Disputes between local boards and governing body
97Disputes about allocation of decision-making responsibilities or proposed bylaws
98Local Government Commission to determine disputes
99Local Government Commission may delegate duty to determine dispute
Development contributions
100Development contributions for transport infrastructure
101Development contributions for assets managed by other parties
Prohibition on establishment of community boards
102Prohibition on establishment of community boards
Review of representation arrangements
103Review of representation arrangements under Local Electoral Act 2001
Auditor-General to review Council’s service performance
104Auditor-General to review Council’s service performance
Council employee elected to local board must resign before taking up position
105Council employee elected to local board must resign before taking up position
Representation on port company board
106Representation on port company board
Borrowing in foreign currency
107Borrowing in foreign currency
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Matters to be addressed by Local Government Commission when making determination in relation to southern boundary of Auckland
Schedule 2
Provisions relating to board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau
Reprint notes