The purpose of this Act is—

In this Act, unless the context requires another meaning,—

Unless the context requires another meaning, terms and expressions used and not defined in this Act, but defined in the Local Government Act 2002, have the same meaning as in that Act.

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

If there is any inconsistency between this Act and the Local Government Act 2002, the Local Government Act 1974, the Local Electoral Act 2001, the Land Transport Management Act 2003, or any regulations made under those Acts, this Act prevails.

This section establishes a territorial authority for Auckland to be known as the Auckland Council.

The Auckland Council has, in relation to Auckland, the responsibilities, duties, and powers of a regional council.

Despite section 41 of the Local Government Act 2002, for the purposes of carrying out its functions, responsibilities, and duties and exercising its powers as a territorial authority and a regional council,—

A governance statement prepared by the Council for the purposes of section 40 of the Local Government Act 2002 must include a description and explanation of the matters referred to in subsection (1) of this section.

The governing body of the Auckland Council must comprise a mayor and 20 members elected in accordance with the Local Electoral Act 2001.

The mayor must be elected by the electors of Auckland as a whole.

The role of the mayor is to—

Without limiting subsection (1), it is the role of the mayor to—

For the purposes of subsections (1) and (2), the mayor has the following powers:

The mayor must exercise the power in subsection (3)(e)—

The mayor must not delegate any of his or her powers under subsection (3).

The mayor is a member of each committee of the governing body.

To avoid doubt,—

A local board must be established for each local board area for the purposes of—

The initial number of members for each local board is determined by the Local Government Commission under section 34(1)(c).

The number of members for each local board may be altered in either of the following ways, but must at all times be no fewer than 5 and no more than 12 members:

Members of a local board—

No person may be a member of more than 1 local board at the same time.

This section applies if the electoral officer has accepted a candidate’s nomination for election to a local board.

The electoral officer must not accept a nomination of that candidate for election to another local board unless that candidate has complied with the provisions of subsection (3).

The candidate must, by written notice to the electoral officer,—

If subsection (3) applies, the candidate must—

The information required under subsection (4)(b) does not count for the purposes of the word limit under section 61(2)(a) of the Local Electoral Act 2001.

In this section, candidate profile statement means a statement made in accordance with section 61 of the Local Electoral Act 2001.

This section applies if—

The person declared to be elected must be treated as having vacated office as a member of any local board that is ranked lower, in the notice given under section 11AAB(3), than another local board to which he or she is declared elected.

Sections 88B to 88E of the Local Electoral Act 2001 apply, with any necessary modifications, to any office treated as vacated under subsection (2) as if that office were treated as vacated under section 88A(2) of that Act.

No member of a local board (LB1) may be a candidate for election as a member of another local board (LB2).

Subsection (1) does not apply if a general election of members of LB1 is to be held at the same time as an election of members of LB2.

Sections 43, 46, and 47 of the Local Government Act 2002 apply to a member of a local board, with any necessary modifications, as if the member were a member of the Auckland Council.

However, a member of a local board can be liable under section 46 or 47 of that Act only in respect of a matter that is the responsibility of the member’s local board.

A local board is an unincorporated body.

A local board is not a local authority, a community board, or a committee of the governing body.

A local board does not have separate legal standing from the Auckland Council and therefore, without limitation, may not—

Nothing in this section limits the responsibility of a local board to make the decisions of the Auckland Council that are allocated to it in accordance with section 16.

A local board has the functions, duties, and powers conferred on a local board by or under this Act or any other enactment.

Without limiting subsection (1), a local board—

This section sets out the general scheme of sections 14 to 21. These are the provisions of this Act that set out how the Auckland Council, in its capacity as a local authority, makes its decisions. This section is by way of explanation only and does not limit or affect the other provisions of this Act or any other enactment.

Both the governing body and the local boards are responsible and democratically accountable for the decision making of the Auckland Council. Whether responsibility for making any particular decision rests with the governing body or 1 or more or all of the local boards depends on the nature of the decision being made.

Section 15 sets out the classes of decisions that the governing body must make. Section 16 sets out the classes of decisions that local boards must make. Both sections include a class of decisions in respect of non-regulatory activities of the Council. The governing body allocates responsibility for any particular decision in this class of decisions to either itself or the local boards by applying the principles set out in section 17. The results of the allocation must then be set out in the LTP and annual plans of the Council so that the people of Auckland, and any other persons, can easily determine whether the governing body or a local board is responsible for any particular decision of the Council.

To determine local wishes and priorities in relation to the non-regulatory activities for which a local board is allocated responsibility, the board must consult its communities. The local board does this by preparing a local board plan under section 20. This plan is used as a basis for the board to develop an annual local board agreement with the governing body under section 21 in which the nature, levels, and funding of the activities are set out.

The governing body is responsible and democratically accountable for—

Before making a decision described in subsection (1)(a) to (d), the governing body must—

Each local board is responsible and democratically accountable for—

In carrying out the responsibilities described in this section, a local board must comply with the requirements of sections 76 to 82 of the Local Government Act 2002 as if every reference in those sections to a local authority were a reference to a local board.

In carrying out the responsibilities described in this section, a local board should collaborate and co-operate with 1 or more other local boards in the situations where the interests and preferences of communities within each local board area will be better served by doing so.

Decision-making responsibility for any non-regulatory activity of the Auckland Council must be allocated by the governing body—

The principles are—

To provide predictability and certainty about levels of funding for local boards, the Auckland Council must adopt a local boards funding policy as part of its long-term plan.

The local boards funding policy must set—

The local boards funding policy must also identify any funding (except funding dedicated to particular purposes) that may be available to local boards for local activities and the criteria or process by which it may be allocated to them.

The formula referred to in subsection (2)(a) must allocate funds between the local boards in a way that provides an equitable capacity for the local boards to enhance the well-being of the communities in each of their local board areas, having regard to the following factors:

The formula referred to in subsection (2)(b) must allocate funds between the local boards in a way that provides equitable resources and support to each local board, having regard to the following factors:

For the purposes of adopting a funding policy under subsection (1), section 102 of the Local Government Act 2002 applies with any necessary modifications.

If the Auckland Council amends its local board’s funding policy under section 93(4) of the Local Government Act 2002, only a significant amendment to the policy is required to be audited in accordance with sections 93D(4) and 94(1) of that Act.

The Auckland Council must adopt its first policy under this section no later than the date that the LTP for the period commencing 1 July 2012 is adopted.

Each local board must adopt a local board plan—

The purpose of a local board plan is—

A local board plan must include—

For the purposes of adopting a plan under subsection (1), section 83 of the Local Government Act 2002 applies as if—

In this section,—

In subsection (3)(d)(ii), local revenue source includes—

For each financial year, the Auckland Council must have a local board agreement (as agreed between the governing body and the local board) for each local board area.

A local board agreement must set out how the Auckland Council will, in the year to which the agreement relates, reflect the priorities and preferences in the local board’s plan in respect of—

A local board agreement is not required to reflect the priorities and preferences in its local board plan in respect of the matters referred to in subsection (2) to the extent that 1 or more of the following apply:

A local board agreement must not be inconsistent with the adopted strategies, plans, policies, and objectives of the governing body.

For the purposes of subsection (2)(a), a local board agreement must, in respect of the local activities to be provided in the local board area in the year to which the agreement relates, include—

For the purposes of consulting on each local board agreement to be included in the LTP, the consultation document adopted under section 93A(1)(a) of the Local Government Act 2002 must include content relating to each agreement.

For the purposes of consulting on each local board agreement to be included in an annual plan, the consultation document adopted under section 82A(3) of the Local Government Act 2002 must include content relating to each agreement.

Each local board must monitor the implementation of the local board agreement for its local board area.

Part 1A of Schedule 7 of the Local Government Act 2002 applies to a local board and its members.

Part 1 of Schedule 7 (excluding clauses 15 and 32AA to 36A) of the Local Government Act 2002 applies to a local board and its members, with any necessary modifications, as if the local board were a local authority and its members were members of the local authority.

In this Part, unless the context requires another meaning,—

In this Part, unless the context requires another meaning, land transport, regional land transport plan, and State highway have the same meanings as in section 5(1) of the Land Transport Management Act 2003.

This section establishes Auckland Transport.

Auckland Transport is—

For the purposes of the Local Government Act 2002, the Auckland Council must be treated as if it were the sole shareholder of Auckland Transport.

The purpose of Auckland Transport is to contribute to an effective, efficient, and safe Auckland land transport system in the public interest.

In meeting its principal objective (as a council-controlled organisation) under section 59 of the Local Government Act 2002, and in performing its functions, Auckland Transport must—

For the purpose of performing its functions, Auckland Transport has—

Subsection (1) is subject to the rest of this Act.

For the purposes of section 38(2)(b) of this Act, Part 5 of the Local Government Act 2002 applies to Auckland Transport with the modifications set out in subsections (2) and (3).

Section 60 of the Local Government Act 2002 must be read as if the following paragraphs were added:

Section 74 of the Local Government Act 2002 must be read as if the following subsection were inserted after subsection (1):

The governing body of Auckland Transport is the board of directors.

The board of directors comprises—

The board, including its chairperson and deputy chairperson, must be appointed by the Auckland Council. However, the Council must not appoint a member of its own governing body as the chairperson or deputy chairperson of the board.

If the director referred to in subsection (2)(b) is the holder of an identified office or position within the New Zealand Transport Agency and ceases to hold that office or position, or is absent, a person authorised by that Agency may perform the director’s role for the purposes of this Act until the director’s successor is appointed or while the director is absent.

The powers and functions of Auckland Transport are not affected by any vacancy in the membership of the board of directors.

A director must not breach this Act or cause a breach, or agree to any breach by Auckland Transport, of this Act.

A director must, when acting as a director, act with honesty and integrity.

A director must, when acting as a director, act in good faith and not pursue his or her own interests at the expense of Auckland Transport’s interests.

A director must, when acting as a director, exercise the care, diligence, and skill that a reasonable person would exercise in the same circumstances, taking into account (without limitation)—

The functions of Auckland Transport are to—

Auckland Transport has the following functions and powers in relation to the Auckland transport system:

For the purposes of subsection (1), the enactments referred to in that subsection apply with any necessary modifications.

For the purposes of subsection (1)(f)(i), Auckland Transport may appoint persons to be enforcement officers in Auckland in relation to any offence against a bylaw made by Auckland Transport under the Land Transport Act 1998 in relation to a special vehicle lane, and, for that purpose,—

Nothing in this section vests ownership of any road, land, or other property in Auckland Transport or affects the operation of section 316(1) of the Local Government Act 1974.

Subsection (1)(c) is subject to section 48.

Auckland Transport is deemed to be approved as a requiring authority, as a network utility operator, under section 167 of the Resource Management Act 1991 for the following purposes:

For the purposes of subsection (1), Part 8 of the Resource Management Act 1991 applies—

If section 180(1) of the Resource Management Act 1991 applies to a project or work that is an activity described in subsection (1)(b), Auckland Transport may exercise the power under that section only by transferring the relevant designation to—

The New Zealand Transport Agency and the New Zealand Railways Corporation are prohibited from further transferring any designation that they receive under subsection (3).

In subsection (2), activity has the same meaning as in section 5(1) of the Land Transport Management Act 2003.

This section is subject to section 48.

Subsection (2) applies if Auckland Transport, acting under section 46(1)(c) of this Act, decides to dispose of land not required for a road under section 345 of the Local Government Act 1974.

Auckland Transport must inform the Auckland Council, in writing, of its decision, and the Council must dispose of the land in accordance with the requirements of the Local Government Act 1974.

Subsection (4) applies if—

Auckland Transport must inform the Auckland Council, in writing, of its decision to apply for the compulsory acquisition of the land, or the deemed agreement, as the case may be, and any land taken or acquired as a result vests in the Auckland Council.

Subsection (4) prevails over sections 185 and 186(2) and (4) of the Resource Management Act 1991.

The Auckland Council may make rules by which Auckland Transport must operate, including rules in relation to—

A rule made under this section must not be inconsistent with the rest of this Act or Part 5 of the Local Government Act 2002.

Section 6(3)(d) of the Local Government Act 2002 applies to a rule made under this section.

Subsections (2) and (3) are for the avoidance of doubt.

The Auckland Council must not perform any function or exercise any power that this Act has conferred upon Auckland Transport under section 46.

The Auckland Council must not act as a requiring authority in relation to any matter for which Auckland Transport has requiring authority status under section 47(1).

Subsection (1) applies unless Auckland Transport delegates the performance of the function or the exercise of the power to the Auckland Council under section 54.

Subsection (3) applies unless Auckland Transport transfers the designation concerned to the Council under section 47(3).

Nothing in this section prevents the Auckland Council from performing the functions or exercising the powers of a local authority described in section 46(1)(h), or performing the functions or exercising the powers of a requiring authority under the Resource Management Act 1991, in respect of an area that forms part of the Auckland transport system for a purpose that is not transport-related (for example, to regulate the use of a footpath, public space, or road reserve for liquor control purposes, or to designate a corridor that passes through a road).

Subsection (5) applies whether the Council is performing the function or exercising the power as the owner of a road or other land, or otherwise.

The Auckland Council must exercise its powers as a local authority under the Public Works Act 1981 to acquire or dispose of land, as the case may be, if the Council has received notice from Auckland Transport under section 48(2) or (4) in relation to that land.

In any other case, the Auckland Council may exercise its powers as a local authority under the Public Works Act 1981 to acquire or dispose of land in relation to the Auckland transport system and for any transport-related purpose only if Auckland Transport has agreed to the acquisition or disposal of that land.

Nothing in this Part limits or affects the Auckland Council’s jurisdiction in respect of roads within the meaning of section 2(1) of the Land Transport Act 1998 that are not roads within the meaning of section 315 of the Local Government Act 1974.

This section is for the avoidance of doubt.

The acts of a person as a director, chairperson, or deputy chairperson of Auckland Transport are valid even though—

Auckland Transport may delegate to a committee or an employee of Auckland Transport, or to the Auckland Council, any of its responsibilities, duties, functions, and powers except—

This section applies subject to any provision to the contrary in this or any other enactment.

Nothing in this section restricts the power of Auckland Transport to delegate to a committee or an employee of Auckland Transport, or to the Auckland Council, the power to do anything precedent to the exercise or performance by Auckland Transport (after consultation with the committee, employee, or the Council) of any power or duty specified in subsection (1).

A committee or an employee of Auckland Transport, or the Auckland Council, may delegate any of its or his or her responsibilities, duties, functions, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by Auckland Transport when making the original delegation.

A committee, a subcommittee, or an employee of Auckland Transport or the Auckland Council to which or to whom any responsibilities, duties, functions, or powers are delegated may, without confirmation by Auckland Transport, the Council, or the committee or person that made the delegation, exercise or perform them in the same way and with the same effect as if Auckland Transport itself had exercised or performed those responsibilities, duties, functions, or powers.

Auckland Transport may delegate to the Auckland Council, or any other organisation or person, the enforcement, inspection, licensing, and administration related to bylaws and other regulatory matters for which it is responsible.

To avoid doubt, no delegation relieves Auckland Transport of the liability or legal responsibility to perform or to ensure the performance of any function or duty.

A delegation to the Auckland Council may be made generally or specifically to the governing body or 1 or more local boards.

The delegation powers in this clause are in addition to any power of delegation Auckland Transport has under any other enactment.

Auckland Transport must not borrow any funds without the written agreement of the Auckland Council.

Nothing in this Part confers jurisdiction on Auckland Transport in respect of roads within the meaning of section 2(1) of the Land Transport Act 1998 that are not roads within the meaning of section 315 of the Local Government Act 1974.

This section is for the avoidance of doubt.

An Auckland water organisation—

However, subsection (1)(b) does not prevent an Auckland water organisation from making a taxable bonus issue (as defined in section YA 1 of the Income Tax Act 2007).

An Auckland water organisation does not breach its obligation under subsection (1)(a) merely by—

An Auckland water organisation must give effect to the relevant aspects of the LTP.

An Auckland water organisation must act consistently with the relevant aspects of any other plan (including a local board plan) or strategy of the Council to the extent specified in writing by the governing body of the Council.

However, nothing in this section or section 92 authorises non-compliance with section 57 by an Auckland water organisation.

An Auckland water organisation is not required to pay rent to the Crown in relation to any land in an Auckland harbour on, over, or under which an existing wastewater asset is constructed or laid.

Nothing in subsection (1) affects any obligation an Auckland water organisation may have to comply with the Resource Management Act 1991 in relation to an existing wastewater asset (including any liability to pay for the occupation of a coastal marine area under any regulations made under that Act).

In this section, existing wastewater asset means a wastewater asset held by Watercare Services Limited on 1 November 2010.

For the purposes of the Public Works Act 1981,—

An Auckland water organisation may propose to the governing body of the Auckland Council, in writing, that a bylaw relating to the management or supply of water supply or wastewater services be made by the Council under a specified enactment.

As soon as practicable after receiving a proposal under subsection (1), the governing body of the Auckland Council must decide whether the proposed bylaw meets the following requirements:

If the governing body of the Auckland Council decides that a proposed bylaw—

This section applies if an Auckland water organisation has received notice under section 61(3)(a) from the governing body of the Auckland Council in respect of a bylaw that the organisation has proposed.

The organisation must confirm the proposed bylaw using the special consultative procedure and, for that purpose, section 156(1) of the Local Government Act 2002 applies, with any necessary modifications, as if the organisation were a local authority and the bylaw were a bylaw being made under that Act.

If, after acting under subsection (2), the organisation confirms the proposed bylaw, it must give written notice of its decision to the governing body of the Auckland Council and the governing body must adopt the bylaw by resolution.

If, after acting under subsection (2), the organisation modifies the proposed bylaw, it must give written notice of its decision to the governing body of the Auckland Council and the governing body must,—

Where the Auckland Council adopts under subsection (3) or (4)(a) a bylaw that is made under the Local Government Act 2002, the requirements of sections 86, 155, and 156 of that Act are deemed to be satisfied in respect of that bylaw.

An Auckland water organisation that is not a local authority has the powers of a council under the following sections of the Local Government Act 1974 in relation to its wastewater services (and those sections apply accordingly, with any necessary modifications):

An Auckland water organisation that is not a local authority has the powers of a local authority under the following sections of the Local Government Act 2002 in relation to its water supply and wastewater services (and those sections apply accordingly, with any necessary modifications):

For the purposes of providing water supply or wastewater services in Auckland, an Auckland water organisation may—

However, an Auckland water organisation must exercise the powers under subsection (1) in accordance with any reasonable conditions that the person who has jurisdiction over the road or land imposes.

Except as provided in section 69, before an Auckland water organisation proceeds to open or break up any road or public land, the organisation must give to the person who has jurisdiction over the road or land written notice of the intention to carry out the work.

Every notice must specify the location of the proposed work, the nature of the work to be carried out, and the reasons for it.

Not later than 20 working days after receiving written notice of the intention to carry out work, the person who has jurisdiction over the road or land must notify the Auckland water organisation in writing of any conditions imposed under section 65(2).

If the person who has jurisdiction over the road or land fails to notify the Auckland water organisation of any conditions imposed under section 65(2) within the 20-working day period referred to in section 67, those conditions may not be imposed, and the organisation may commence work.

If work is urgent and necessary because of any defective equipment or other emergency, an Auckland water organisation—

An Auckland water organisation may appeal to the District Court against all or any of the conditions imposed under section 65(2) by the person who has jurisdiction over the road or land.

An appeal must be made not later than 45 working days after the date of notification of the conditions imposed or within any further time that the District Court may allow.

In its determination of any appeal, the District Court may confirm, modify, or cancel any or all of the conditions imposed.

The decision of the District Court in the determination of an appeal under this section is final.

The Council must appoint persons to be enforcement officers under section 177 of the Local Government Act 2002 for the purposes of ensuring compliance by any person with any exercise of a power conferred on an Auckland water organisation by this Part.

Before determining the number of persons to appoint as enforcement officers under that section, the Council must consult each Auckland water organisation that is not a local authority to ensure that sufficient officers are appointed to enable those organisations to perform their functions under this Act.

Where any nuisance within the meaning of section 29 of the Health Act 1956 is created by an Auckland water organisation in the exercise of any powers conferred on it by this Act, the Director-General of Health may, by notice in writing to the organisation,—

If the organisation considers the requirements specified in the notice to be unreasonable, impracticable, or unnecessary, it may, within 3 days after service of the notice on it, apply to the District Court for an order setting aside or modifying the notice. Pending the hearing of the application, the notice must be treated as suspended.

On the hearing of the application, the court, whose decision is final, must determine whether the notice should or should not be set aside or modified and, if the notice is not set aside, the time within which the organisation must comply with the notice or, as the case may be, with the modified notice.

If the organisation, within the time specified in the notice or, in the case of an application to the court, in the order of the court, fails to comply with the notice or order, the Medical Officer of Health under the Health Act 1956, without further notice to the organisation, may cause the nuisance to be abated and for that purpose may, with such assistance as may be necessary, enter on any land or premises of the organisation and execute or cause to be executed the necessary works.

All expenses reasonably incurred by the Medical Officer of Health in the abatement of a nuisance under subsection (4) are recoverable from the organisation as a debt due to the Crown.

Subsection (2) applies to land owned by an Auckland water organisation and used for the purposes of providing water supply or wastewater services within Auckland.

The total amount of any rates assessed under section 13 or 16 of the Local Government (Rating) Act 2002 for the land must not exceed the amount of rates that would otherwise have been assessed if each of the rates had been assessed on the land value only of every rating unit liable for the rates.

For the purposes of the Local Government (Rating) Act 2002, a water supply or wastewater services asset that is owned by an Auckland water organisation and is situated in or on any land not owned by the organisation is deemed not to be rateable property.

An Auckland water organisation that fails to comply with any of sections 65, 66, and 69 commits an offence.

An Auckland water organisation that commits an offence against subsection (1) is liable on conviction to a fine not exceeding $10,000.

In addition to any penalty imposed under subsection (2), a court may make any order relating to compensation that it thinks fit.

Every person commits an offence and is liable on conviction to a fine not exceeding $20,000 who wilfully or negligently carries out work on, or in relation to, a water supply or wastewater asset of an Auckland water organisation that is not a local authority without first—

It is not an offence under subsection (1) if the work concerned—

It is a defence to an offence under subsection (1) if the work concerned—

A person who commits an offence under this section may, in addition to or instead of the penalty for the offence, be ordered to pay the cost incurred by the Auckland water organisation in repairing the damage done to the water supply or wastewater asset by the offence.

This section applies in relation to the following works or property that are vested in, or under the control of, an Auckland water organisation that is not a local authority:

Every person commits an offence who wilfully destroys, damages, stops, obstructs, or interferes with a work or property and is liable on conviction to imprisonment for a term not exceeding 3 years or to a fine not exceeding $20,000, or to both.

Every person commits an offence who negligently destroys, damages, stops, obstructs, or interferes with a work or property and is liable on conviction to a fine not exceeding $20,000.

A person who wilfully or negligently destroys, damages, stops, obstructs, or otherwise interferes with any water supply or wastewater works or property owned, constructed, acquired, or used by an Auckland water organisation that is not a local authority is liable for, as the case may be,—

Subsection (2) applies to the Council when carrying out its duty under section 125 of the Local Government Act 2002 to assess the provision within Auckland of water and other sanitary services.

The Council must consult each Auckland water organisation that is not a local authority in making its assessment.

The Auckland Council must prepare and adopt a spatial plan for Auckland.

The purpose of the spatial plan is to contribute to Auckland’s social, economic, environmental, and cultural well-being through a comprehensive and effective long-term (20- to 30-year) strategy for Auckland’s growth and development.

For the purposes of subsection (2), the spatial plan will—

The spatial plan must—

The Auckland Council must involve central government, infrastructure providers (including network utility operators), the communities of Auckland, the private sector, the rural sector, and other parties (as appropriate) throughout the preparation and development of the spatial plan.

The Auckland Council must adopt the spatial plan in accordance with the special consultative procedure.

The Auckland Council may amend the spatial plan, at any time, in accordance with subsections (1) and (2).

The Auckland Council must—

The Auckland Council must endeavour to secure and maintain the support and co-operation of central government, infrastructure providers (including network utility operators), the communities of Auckland, the private sector, the rural sector, and other parties (as appropriate) in the implementation of the spatial plan.

This Part establishes a board whose purpose is to assist the Auckland Council to make decisions, perform functions, and exercise powers by—

The board is a body corporate separate from—

The board is independent of—

The board is not required to accept direction from any person.

When members of the board are acting as members of the board, they must act in the interest of achieving the board’s purpose and must not act in any other interest.

The board may choose to name itself.

If the board names itself, it may change its name at any time.

If the board names itself, or changes its name, it must tell the Minister of Māori Affairs and the Auckland Council the name or the new name as soon as practicable.

The board’s general functions are—

The board and the Council must meet at least 4 times in each financial year to discuss the board’s performance of its functions.

The board must appoint a maximum of 2 persons to sit as members on each of the Auckland Council’s committees that deal with the management and stewardship of natural and physical resources.

If the Auckland Council asks the board to appoint a person or persons to sit as members on any other of the Council’s committees, the board may do so.

The board must,—

The board must consider a request by the Auckland Council that the board accept the delegation of a function by the Council.

The board must act in accordance with a delegation that it has accepted.

The board may consult any person who the board considers is likely to help the board in carrying out its purpose.

The board may establish the committees it considers necessary to enable it to carry out its purpose.

The board may seek the advice it requires to enable it to carry out its purpose.

The board has any other powers that it needs to carry out its purpose and that are consistent with this Part.

The board may not exercise its powers in section 86 if doing so would disclose information that—

When the board is deciding whether subsection (1)(b) applies to information that the Council provided to the board, it must make its decision on reasonable grounds.

When the Auckland Council decides that subsection (1)(b) applies to information that the Council provided to the board, it must tell the board of its decision and the reasons for its decision.

The Auckland Council must—

The Council’s duties under this section do not relieve it of any duties it has under any other enactment to consult Māori.

The Council and the board must meet at least 4 times in each financial year to discuss the Council’s performance of its duties.

Schedule 2 applies to the board.

The Council must adopt (using the special consultative procedure) a policy on the accountability of its substantive council-controlled organisations.

The policy must—

A policy under this section—

The Council may require a substantive council-controlled organisation to—

The Council may not require Auckland Transport to prepare and adopt a plan under subsection (1)(c).

This section does not limit or affect the application of Part 5 of the Local Government Act 2002 to a substantive council-controlled organisation.

Each substantive council-controlled organisation must give effect to the relevant aspects of the LTP.

Each substantive council-controlled organisation must act consistently with the relevant aspects of any other plan (including a local board plan) or strategy of the Council to the extent specified in writing by the governing body of the Council.

The Council must not appoint a person to be a director of a substantive council-controlled organisation if the person is, at the time of the appointment,—

Section 43(2)(a) prevails over this section.

A director of a substantive council-controlled organisation who is elected to be a member of the governing body of the Council or a local board must resign from his or her position as a director of the council-controlled organisation before taking up his or her position as a member of the governing body of the Council or the local board.

The Council may appoint the chairperson and deputy chairperson of each substantive council-controlled organisation.

However, the Council must not appoint a member of its governing body as the chairperson or deputy chairperson of Auckland Transport.

This section prevails over any provision to the contrary in an organisation’s constitution.

The board of each council-controlled organisation of the Auckland Council must nominate, in its statement of intent for each financial year, 2 of its meetings during that year to be open to members of the public.

For the purpose of subsection (1),—

The statement of intent must also specify how the meetings will be publicly notified (for example, by notice in 1 or more newspapers).

In respect of each meeting held in accordance with this section, the board must allocate a reasonable amount of time for members of the public attending the meeting to address the board in relation to the subject matter of the meeting.

Meetings held pursuant to this section shall be subject to the rules and requirements that normally apply to the meetings of the board of the council-controlled organisation (including, for example, under its constitution), provided that this section prevails in the event of any conflict between this section and the rules and requirements that normally apply to meetings of the board.

Subsection (2) applies if—

The local board or boards concerned and the governing body must make reasonable efforts to reach a mutually acceptable and timely resolution of the dispute, having regard to—

If, after acting under subsection (2), the dispute is still unresolved, the local board or boards may apply, in writing, to the Local Government Commission for a binding determination on the matter.

An application must be accompanied by copies of all reports, correspondence, and other information held by the local board or boards that are relevant to the matter.

Promptly after receiving an application under section 97(3), the Local Government Commission must notify the mayor and the chief executive of the application and request them to provide, within 7 days, copies of all reports, correspondence, and other information held by them that is relevant to the matter.

After receiving the information from the mayor and the chief executive, the Commission must—

For the purposes of making a determination, the Commission—

The Commission may apportion the actual and reasonable costs incurred by it in making a determination between the local board or boards and the governing body as it thinks fit, having regard to the merits of the initial positions of the board or boards and the governing body.

Any costs apportioned to a local board under subsection (4) must be paid from the local board’s budget.

Subsection (7) applies if—

The Council must amend the LTP to the extent necessary to give effect to the determination and may do so without further authority than this section.

The Local Government Commission may, in writing, either generally or in a specific instance, delegate its function under section 98 to a committee of the Commission or a member of the Commission.

A committee or member to whom a function is delegated under this section may carry out the function in the same manner and with the same effect as if the function had been conferred directly by this Act and not by delegation.

Subsection (2) applies subject to any direction given or condition imposed by the Commission.

The Council may include in a policy under section 106 of the Local Government Act 2002 a requirement for development contributions to fund the Council’s contribution to the total cost of capital expenditure by Auckland Transport.

Subsection (1) applies only if the capital expenditure is capital expenditure that could be funded by development contributions if it were incurred by the Council itself.

The Council may include the requirement as if—

Subpart 5 of Part 8 of the Local Government Act 2002 applies, with any necessary modifications, to development contributions authorised by subsection (1).

This section applies despite anything to the contrary in the Local Government Act 2002.

The powers of the Council to require development contributions under subpart 5 of Part 8 of the Local Government Act 2002 are not affected by any arrangements it has for another person or organisation to manage—

This section is for the avoidance of doubt.

Despite section 49 of the Local Government Act 2002, no community board may be established for any community within Auckland.

For the purposes of section 19H(2) of the Local Electoral Act 2001, the Council must make—

The Auditor-General must, from time to time, review the service performance of the Council and each of its council-controlled organisations.

Part 4 of the Public Audit Act 2001 applies to a review.

The Auditor-General may charge the Council for undertaking a review under this section and, for that purpose, section 42(2) to (5) of the Public Audit Act 2001 applies with any necessary modifications.

Nothing in this section limits or affects the powers of the Auditor-General under the Public Audit Act 2001.

An employee of the Council who is elected to be a member of a local board must resign from his or her position as an employee of the Council before taking up his or her position as a member of the local board.

For the purposes of section 6(1)(b) of the Port Companies Act 1988, any council-controlled organisation of the Auckland Council that holds equity securities in a port company (within the meaning of that Act) must be treated as if it were a regional council.

Despite section 113 of the Local Government Act 2002, the Auckland Council may borrow or enter into incidental arrangements, within or outside New Zealand, in currency other than New Zealand currency.