(1) This section establishes the Auckland Transition Agency (which must only be known as the Auckland Transition Agency).

(2) The Transition Agency is a body corporate with perpetual succession.

(3) For the purpose of performing its functions and duties, the Transition Agency has—

• (a) full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and

• (b) for the purposes of paragraph (a), full rights, powers, and privileges.

(4) Subsections (2) and (3) are subject to this Act, any other enactment, and the general law.

(1) The Transition Agency must have a governing body consisting of a chairperson and no fewer than 2 but no more than 5 other members appointed by the Minister.

(2) The governing body is responsible and accountable for the exercise of the powers and the performance of the functions and duties of the Transition Agency.

(3) The Minister must notify appointments to the governing body in the Gazette as soon as practicable after making them.

(4) Schedule 1 applies to the members and procedure of the governing body.

(1) The governing body of the Transition Agency must appoint a chief executive for the Transition Agency.

(2) The chief executive is responsible for—

• (a) implementing the decisions of the governing body; and

• (b) providing advice to the governing body; and

• (c) maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the Transition Agency; and

• (d) employing, on behalf of the Transition Agency, the staff of the Transition Agency; and

• (e) negotiating the terms of employment of the staff of the Transition Agency; and

• (f) establishing and maintaining an interests register in relation to the governing body.

(1) The Transition Agency has the following functions and duties:

• (a) to plan and manage all matters in relation to the reorganisation to ensure that the Auckland Council is ready to function on and from 1 November 2010:

• (b) to advise the Minister on any matter associated with the reorganisation, including in relation to existing or proposed legislation:

• (c) to report to the Minister,—

  • (i) at regular intervals, on progress in relation to the reorganisation and on the matters referred to in clause 15 of Schedule 1; and

  • (ii) at the end of the transition period, by submitting a final report on its affairs for presentation to the House of Representatives (together with the financial statements required by section 45J of the Public Finance Act 1989):

• (ca) to approve a process for, and oversee, the planning and management of the integration of Auckland's water supply and wastewater services by Watercare Services Limited (acting under section 30A):

• (cb) to do the following in relation to waste management and minimisation:

  • (i) oversee the work, if any, of the existing local authorities in preparation for the first waste assessment that the Auckland Council will make under section 50(2) of the Waste Minimisation Act 2008; and

  • (ii) oversee the preparation by the existing local authorities of detailed proposals for achieving long-term integrated waste management and minimisation planning and services in Auckland (including proposals for managing waste contracts, leases, and other arrangements in relation to waste); and

  • (iii) prepare options on these matters for consideration by the Auckland Council:

• (cc) to develop, in consultation with the Secretary for Internal Affairs, proposals in relation to the establishment of an Ethnic Peoples Advisory Panel to the Auckland Council (as required by section 86 of the Local Government (Auckland Transitional Provisions) Act 2010) for consideration by the mayor of Auckland on his or her election:

• (d) to provide information to existing local government organisations and their employees in relation to the reorganisation:

• (e) to provide information to the public of Auckland, or any section of that public, as it thinks fit, in relation to the reorganisation:

• (f) to second employees from any existing local government organisation to the Transition Agency:

• (g) to carry out any other functions conferred on the Transition Agency by or under this Act or any other enactment, including—

  • (i) appointing an electoral officer under section 14 and determining certain electoral matters under section 15; and

  • (ii) appointing a chief executive for an existing local authority under section 16; and

  • (iii) appointing an interim chief executive for the Auckland Council under section 17; and

  • (iv) assisting and supporting the interim chief executive of the Auckland Council in carrying out his or her responsibilities under sections 18 and 18B (and, in certain circumstances, carrying out those responsibilities under section 19); and

  • (iva) preparing a planning document for the Auckland Council for the period beginning on 1 November 2010 and ending at the close of 30 June 2012 in accordance with section 19A; and

  • (ivb) establishing a waterfront development entity as a council-controlled organisation of the Auckland Council under section 19B; and

  • (v) reviewing, under section 20, a decision made by, or on behalf of, an existing local government organisation or any item on the agenda for a meeting of an existing local government organisation (or any committee of an existing local government organisation) to be held during the transition period; and

  • (vi) confirming a decision made by an existing local government organisation under section 21; and

  • (vii) making arrangements under section 21A (and 21C, as the case may be) in relation to the initial operation of Auckland Transport.

(2) Without limiting subsection (1)(a), the Transition Agency must—

• (a) develop an organisational structure for the Auckland Council so that it can operate efficiently and effectively on and from 1 November 2010; and

• (b) develop a change management plan that includes protocols and processes for managing—

  • (i) the transition of assets from existing local government organisations to give effect to the new local governance arrangements for Auckland; and

  • (ii) the transition or termination of staff from existing local government organisations to give effect to the new local governance arrangements for Auckland, having regard to the existing employment agreements applying to the staff.

(3) The Transition Agency, in exercising its powers or performing its functions and duties, must ensure that—

• (a) its activities are conducted efficiently and effectively (including in a cost-effective manner); and

• (b) it operates in a financially responsible manner; and

• (c) key local government projects in Auckland are not hindered or interrupted.

(4) An employee of an existing local government organisation who is seconded to the Transition Agency under subsection (1)(f) continues to be employed and remunerated—

• (a) by the existing local government organisation; and

• (b) on terms and conditions that are agreed between the Transition Agency, the existing local government organisation, and the employee.

(5) Nothing in subsection (1)(ca) applies to stormwater drainage services.

(1) No later than 31 October 2009, the Transition Agency must appoint an electoral officer for Auckland to exercise the powers and carry out the duties conferred on an electoral officer by or under the Local Electoral Act 2001 and any other enactment in relation to the October 2010 triennial general elections.

(2) For the purposes of this section, the electoral officer must exercise those powers and carry out those duties as if section 6 of the Local Government (Auckland Council) Act 2009 were in force and the Auckland Council were established.

(3) For the purposes of the October 2010 triennial general elections,—

• (a) the elections for the Auckland Council must be held using the electoral system commonly known as First Past the Post (as defined in section 5(1) of the Local Electoral Act 2001); and

• (b) the members of the Auckland Council (other than the mayor) must be elected by the electors of each ward of Auckland (as those wards and the number of members for each ward are determined by the Local Government Commission under section 34(1)(d) of the Local Government (Auckland Council) Act 2009 and given effect to by Order in Council under section 35 of that Act); and

• (c) the election of members of the Waitakere and Portage Licensing Trusts must be held using the electoral system commonly known as First Past the Post (as defined in section 5(1) of the Local Electoral Act 2001).

For the purposes of preparing for the October 2010 triennial general elections, the Transition Agency has the powers of a local authority—

• (a) under section 79 of the Local Electoral Act 2001 (being the power to determine that voting documents at that election be processed during the voting period) and that section applies accordingly with any necessary modification:

• (b) under regulation 31 of the Local Electoral Regulations 2001 (being the power to determine the order of candidates' names on voting documents) and that regulation applies accordingly with any necessary modification.

(1) Subsection (2) applies if, during the transition period, the position of chief executive of an existing local authority becomes vacant.

(2) The Transition Agency must appoint a person to the position on the terms and conditions, and for the period, that it considers appropriate having regard to the requirements of this Act and clause 33 of Schedule 7 of the Local Government Act 2002.

(3) In making an appointment, the Transition Agency must consult the governing body of the existing local authority.

(4) To avoid doubt, clauses 34 and 35 of Schedule 7 of the Local Government Act 2002 do not apply to an appointment made under this section.

(1) The Transition Agency must, as soon as practicable, appoint a chief executive for the Auckland Council for a term ending no later than 29 June 2012.

(2) In making an appointment under subsection (1), the Transition Agency must have regard to—

• (a) the matters that a local authority must consider in relation to appointing a chief executive under clause 33 of Schedule 7 of the Local Government Act 2002; and

• (b) the skills and experience required of a chief executive in order to—

  • (i) prepare for the establishment of the Auckland Council on 1 November 2010; and

  • (ii) exercise the powers set out in sections 18, 18A, and 18B; and

  • (iii) provide effective leadership of the staff and management of the systems and resources of the Council during its infancy.

(3) [Repealed]

(1) A chief executive appointed under section 17 may—

• (a) employ, on behalf of the Council, staff for the Council (whose start date may be before, on, or after 1 November 2010 as the chief executive thinks fit); and

• (b) on behalf of the Council, enter into contracts, leases, and other agreements to enable the Council to operate efficiently and effectively on and from 1 November 2010; and

• (c) exercise the duties of a chief executive under clause 21 of Schedule 7 of the Local Government Act 2002 to call the first meeting of the Council before 1 November 2010 (to be held on or after that date).

(2) In acting under subsection (1)(a), the chief executive must follow the change management plan developed under section 13(2)(b) and any other protocols or processes developed by the Transition Agency.

(3) For the purposes of this section, the chief executive must exercise the powers and carry out the functions described in this section as if section 6 of the Local Government (Auckland Council) Act 2009 were in force and the Auckland Council were established, and—

• (a) any appointment made under subsection (1)(a) by him or her before 1 November 2010 is—

  • (i) deemed to be made with the express authority of the Auckland Council; and

  • (ii) valid and enforceable; and

• (b) any contract, lease, or other agreement entered into under subsection (1)(b) by him or her before 1 November 2010 is—

  • (i) deemed to be entered into with the express authority of the Auckland Council; and

  • (ii) valid and enforceable.

(4) Despite subsection (3), the Transition Agency is responsible for all costs and other obligations associated with any appointment, contract, lease, or other agreement made by the chief executive under subsection (1) and incurred before 1 November 2010.

(1) The chief executive appointed under section 17, acting on behalf of the Council under section 53 of the Local Government (Rating) Act 2002, must, no later than 31 October 2010, enter into a contract with Watercare Services Limited to—

• (a) deliver rates invoices under section 46(4) of the Local Government (Rating) Act 2002 for the specified rates; and

• (b) collect payments of the specified rates in respect of the invoices referred to in paragraph (a); and

• (c) carry out any matter ancillary to the matters referred to in paragraphs (a) and (b).

(2) The contract—

• (a) may provide for Watercare Services Limited to retain all money received by it under subsection (1)(b) for the purposes of section 32(3) of the Local Government (Auckland Transitional Provisions) Act 2010; but

• (b) must not provide for Watercare Services Limited to be reimbursed for the administrative costs (other than extraordinary costs) associated with the delivery of rates invoices and the collection of payments.

(3) In this section, specified rates means rates that are set by the Franklin District Council, the North Shore City Council, the Rodney District Council, or the Waitakere City Council under section 19 of the Local Government (Rating) Act 2002—

• (a) in accordance with section 29B of this Act; and

• (b) in respect of any water supply services that will, from 1 November 2010, be provided by Watercare Services Limited.

(1) In order to assist the implementation of a single integrated Council rating policy from 1 July 2012 for Auckland, the chief executive appointed under section 17 must make arrangements to ensure that—

• (a) a single rating information database for Auckland is prepared under the Local Government (Rating) Act 2002; and

• (b) a district valuation roll for Auckland is prepared under the Rating Valuations Act 1998; and

• (c) the district valuation roll represents values current as at 1 July 2011.

(2) The chief executive must notify the Valuer-General, no later than 1 October 2010, of the arrangements made to give effect to the obligations under subsection (1) and, in doing so, must include the following information (supplied in accordance with section 8 of the Rating Valuations Act 1998):

• (a) the person or body who is to undertake the valuation services; and

• (b) the values and valuation bases proposed to be implemented or used in preparing the valuation roll and related information.

(3) In this section, district valuation roll and valuation services have the meanings given to them in section 2(1) of the Rating Valuations Act 1998 and rating information database has the meaning given to it in section 5 of the Local Government (Rating) Act 2002.

The Transition Agency may exercise the powers of the chief executive described in section 18 or 18B—

• (a) with the agreement of the chief executive; or

• (b) as the chief executive, if no person is, for the time being, appointed under section 17.

(1) The Transition Agency must prepare a planning document for the Auckland Council for the period beginning on 1 November 2010 and ending at the close of 30 June 2012.

(2) In preparing the document, the Transition Agency—

• (a) must make an initial allocation of decision-making responsibility for the non-regulatory activities of the Council between the Council's governing body and its local boards; and

• (b) must prepare estimated budgets for the 2011/2012 financial year for each local board, based upon the projected costs of the local activities in each local board area for the 2010/2011 financial year; and

• (c) must ensure that the document complies with the requirements of Schedule 2.

(3) The Transition Agency must allocate responsibilities under subsection (2)(a) in accordance with the principles for allocating responsibilities set out in section 17(2) of the Local Government (Auckland Council) Act 2009.

(4) The Transition Agency must complete the document by 31 October 2010.

(1) The Transition Agency must establish an entity as a council-controlled organisation of the Auckland Council, with responsibility for development of the Auckland waterfront, to operate on and from 1 November 2010.

(2) The Transition Agency must establish the entity in a way that complies with—

• (a) the Order in Council made under subsection (3); and

• (b) Part 5 of the Local Government Act 2002.

(3) The Governor-General must, by Order in Council made on the recommendation of the Minister,—

• (a) specify the objectives of the entity; and

• (b) specify the governance structure of the entity; and

• (c) specify any other details concerning the structure and operation of the entity that the Minister recommends.

(4) Without limiting subsection (3)(c), and to avoid doubt, an order made under subsection (3) may specify details concerning the financial structure and operation of the entity.

(5) The Minister must not recommend the making of the order without first consulting the Transition Agency.

(6) The Minister may appoint initial directors of the entity under section 48.

(7) For the purposes of subsection (2)(b), Part 5 of the Local Government Act 2002 applies—

• (a) as if the Transition Agency were a local authority; and

• (b) with any necessary modifications, except that—

  • (i) sections 56 and 57(1) of that Act do not apply; and

  • (ii) the initial constitution of the entity must provide for a review of its provisions by the Auckland Council before 30 June 2012.

(1) The Transition Agency must establish the council-controlled organisations (if any) that it is directed to establish in accordance with section 44.

(2) The Transition Agency must establish a council-controlled organisation to which this section applies in a way that complies with—

• (a) the requirements of the relevant Order in Council; and

• (b) Part 5 of the Local Government Act 2002; and

• (c) any other relevant enactment.

(3) For the purposes of subsection (2)(b), Part 5 of the Local Government Act 2002 applies—

• (a) as if the Transition Agency were a local authority; and

• (b) with any necessary modifications, except that—

  • (i) sections 56 and 57(1) of that Act do not apply; and

  • (ii) the initial constitution of the organisation must provide for a review of its provisions by the Auckland Council before 30 June 2012.

(1) The Transition Agency may review—

• (a) any decision made by, or on behalf of, an existing local government organisation during the transition period; and

• (b) any item on the agenda for any meeting of an existing local government organisation or any committee of an existing local government organisation to be held during the transition period.

(2) Despite subsection (1), the Transition Agency may not review a decision under this section that it has confirmed under section 21(2)(a).

(3) The Transition Agency must, without delay, notify an existing local government organisation if it—

• (a) reviews a decision of the organisation under subsection (1)(a); and

• (b) considers, on reasonable grounds, that the decision is a decision to which section 31 applies.

(4) The Transition Agency must, without delay, notify an existing local government organisation if it—

• (a) reviews an item under subsection (1)(b); and

• (b) considers, on reasonable grounds, that a decision in relation to that item will, or may, be a decision to which section 31 applies.

(1) This section applies to the Transition Agency if an existing local government organisation seeks confirmation of a decision to which section 31 applies.

(2) The Transition Agency must, as soon as practicable and in writing,—

• (a) confirm the decision; or

• (b) decline to confirm the decision and give reasons for doing so (with reference to the matters in section 31(1)); or

• (c) if it considers that it has insufficient information to make a decision, request further information from the chief executive and then act under paragraph (a) or (b), as the case may be.

(1) The Transition Agency must, as soon as practicable, appoint a chief executive for Auckland Transport for a term ending no later than 30 June 2012.

(2) In making an appointment under subsection (1), the Transition Agency must have regard to the skills and experience required of a chief executive in order to—

• (a) prepare for the establishment of Auckland Transport on 1 November 2010; and

• (b) exercise the powers set out in section 21B; and

• (c) provide effective leadership of the staff and management of the systems and resources of Auckland Transport during its infancy.

(1) A chief executive appointed under section 21A may, on behalf of Auckland Transport,—

• (a) employ staff for Auckland Transport (whose start date may be before, on, or after 1 November 2010 as the chief executive thinks fit); and

• (b) enter into contracts, leases, and other agreements to enable Auckland Transport to operate efficiently and effectively on and from 1 November 2010.

(2) In acting under subsection (1)(a), the chief executive must follow the change management plan developed under section 13(2)(b) and any other protocols or processes developed by the Transition Agency.

(3) For the purposes of this section, the chief executive must exercise the powers and carry out the functions described in this section as if section 6 and Part 4 of the Local Government (Auckland Council) Act 2009 (as substituted by section 31 of the Local Government (Auckland Council) Amendment Act 2010) were in force and the Auckland Council and Auckland Transport were established, and—

• (a) any appointment made under subsection (1)(a) by him or her before 1 November 2010 is—

  • (i) deemed to be made with the express authority of Auckland Transport; and

  • (ii) valid and enforceable; and

• (b) any contract, lease, or other agreement entered into under subsection (1)(b) by him or her before 1 November 2010 is—

  • (i) deemed to be entered into with the express authority of Auckland Transport; and

  • (ii) valid and enforceable.

(4) Despite subsection (3), the Transition Agency is responsible for all costs and other obligations associated with any appointment, contract, lease, or other agreement made by the chief executive under subsection (1) and incurred before 1 November 2010.

The Transition Agency may exercise the powers of the chief executive described in section 21B—

• (a) with the agreement of the chief executive; or

• (b) as the chief executive, if no person is, for the time being, appointed under section 21A.

The Transition Agency must obtain the approval of the Minister and the Minister of Finance for its budgeted expenditure for the period of its existence.

Any expenses or capital expenditure that the Crown incurs in relation to establishing the Transition Agency, or for the purposes of the Transition Agency, constitute a debt due by the Transition Agency to the Crown on the terms and conditions agreed between the Minister, the Minister of Finance, and the Transition Agency.

The Ombudsmen Act 1975 and the Official Information Act 1982 apply to the Transition Agency as if the Transition Agency were an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975.

The Public Audit Act 2001 applies to the Transition Agency as if the Transition Agency were an entity listed in Schedule 2 of that Act.

Schedule 4 of the Public Finance Act 1989 is amended by inserting the following item in its appropriate alphabetical order:

Name or description of organisation

SOI 139

Annual report 150

SSP 153

Securities 161

Borrowing 162

Guarantees 163

Derivatives 164

Surplus 165

Auckland Transition Agency

(1) Despite sections 154 to 156 of the Crown Entities Act 2004 (as applied by section 45M of the Public Finance Act 1989), the Transition Agency is not required to produce audited financial statements for the financial year ending 30 June 2010.

(2) Instead, the financial statements required by section 45J of the Public Finance Act 1989 must cover the entire period of the Transition Agency's existence.

(3) The Auditor-General must—

• (a) audit the financial statements referred to in subsection (2); and

• (b) provide an audit report on them to the Minister and the Auckland Council before 28 February 2011.

(1) The Transition Agency is dissolved on the close of 31 October 2010.

(2) Any property of the Transition Agency remaining at the time of its dissolution vests in the Auckland Council.

(2A) All information held by the Transition Agency at the time of its dissolution is transferred to the Auckland Council.

(2B) All money payable to or by the Transition Agency at the time of its dissolution becomes payable to or by the Auckland Council.

(2C) Any rights, liabilities, contracts, entitlements, or engagements of the Transition Agency remaining at the time of its dissolution become rights, liabilities, contracts, entitlements, and engagements of the Auckland Council.

(2D) The dissolution of the Transition Agency and the transfer of any property, information, money, rights, liabilities, contracts, entitlements, or engagements to the Auckland Council—

• (a) is not to be treated as placing a person in breach of, or in default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and

• (b) is not to be treated as entitling a person to—

  • (i) terminate or cancel or modify a contract, an agreement, or an arrangement; or

  • (ii) enforce or accelerate the performance of an obligation; or

  • (iii) require the performance of an obligation not otherwise arising for performance; and

• (c) does not release any surety wholly or in part from all or any obligation; and

• (d) does not invalidate or discharge any contract or security.

(3) [Repealed]

Schedule 4 of the Public Finance Act 1989 is consequentially amended by omitting the item relating to the Auckland Transition Agency.

(1) An existing local authority must continue, subject to the provisions of this subpart, to perform its role as a local authority (as described in section 11 of the Local Government Act 2002) during the transition period.

(2) An existing local authority must co-operate with the Transition Agency and every other existing local government organisation (including existing local authorities) to facilitate the reorganisation.

(3) Without limiting subsection (2), an existing local authority must—

• (a) comply with any reasonable request by the Transition Agency for employees of the existing local authority to be seconded to the Transition Agency under section 13(1)(f); and

• (b) comply with any reasonable request by the Transition Agency for any information that the existing local authority holds that is relevant to the reorganisation (including personal information relating to employment matters); and

• (c) act in accordance with section 31.

(1) This section applies in relation to the annual plan for the financial year commencing 1 July 2010 that each existing local authority is required to prepare and adopt under section 95 of the Local Government Act 2002.

(2) The annual plan is only required to cover the period from 1 July 2010 to 31 October 2010 (being the period from the commencement of the financial year until the date on which each existing local authority is dissolved under section 35).

(3) Despite section 95(2) of the Local Government Act 2002, the annual plan may simply be adopted by resolution of the existing local authority, but only if the plan is consistent with the financial statements and funding impact statement included in its long-term council community plan (LTCCP) for the 2010/2011 financial year.

(4) An annual plan is not inconsistent with the financial statements and funding impact statement included in the LTCCP for the 2010/2011 financial year because—

• (a) the plan applies to a 4-month period; or

• (b) the plan reflects more accurate estimates of—

  • (i) the costs of achieving and maintaining the levels of service provision identified in the LTCCP in respect of that year; or

  • (ii) any other costs or expenses identified in the LTCCP in respect of that year; or

  • (iii) any revenue or other income of the existing local authority identified in the LTCCP in respect of that year.

(5) An existing local authority must consult the Transition Agency throughout the preparation of the annual plan.

(6) Except to the extent that it is modified by this section, section 95 of the Local Government Act 2002 applies to the annual plan.

(7) Nothing in subsection (5) limits or affects the obligations imposed on an existing local authority under section 29 or 31.

(1) Each existing local authority must set each rate and any other revenue mechanism provided for in the funding impact statement included in the annual plan to which section 29A applies for the full financial year.

(2) Subsection (1) applies despite the annual plan only covering the 4-month period from 1 July 2010 to 31 October 2010.

(3) In setting each rate or other revenue mechanism, an existing local authority must ensure that the rate or mechanism is set at a level sufficient to meet—

• (a) the amount of funds required from the mechanism (as set out in the funding impact statement) for the 4-month period; and

• (b) the amount of funds that would be required from the mechanism for the balance of the financial year, if the requirements identified in paragraph (a) continued for that period.

(1) An existing local authority is not required to prepare and adopt an annual report for the 2009/2010 financial year.

(2) Instead, a report for the period 1 July 2009 to 31 October 2010 must be prepared by each existing local authority for completion and adoption by the Auckland Council.

(3) Sections 98 and 99 of the Local Government Act 2002 apply, with all necessary modifications, to a report prepared under subsection (2) as if the report were an annual report.

An existing local authority that works on the development of a regional policy statement, regional plan, or district plan to be made by the Auckland Council after 1 November 2010 is deemed to have complied with section 79 of the Resource Management Act 1991.

(1) For the purposes of preparing for the October 2010 triennial general elections in Auckland, each existing local authority that is a territorial authority must, no later than 1 July 2010,—

• (a) make a bylaw, or amend an existing bylaw,—

  • (i) to give effect, within its district, to the rules and requirements set out in Schedule 3 (which relates to signs); and

  • (ii) that identifies all the land owned by the existing local authority on which signs may be erected in accordance with the bylaw; and

• (b) revoke any existing bylaw or part of any bylaw that is inconsistent with the rules and requirements set out in Schedule 3.

(2) Sections 155 and 156 of the Local Government Act 2002 do not apply to the making, amending, or revoking of a bylaw under this section.

(3) To avoid doubt, subsection (1) does not require the Franklin District Council to make, amend, or revoke any bylaw in respect of any part of its district in which, because of the boundary adjustment order, elections for the Auckland Council will not be held.

(1) The Rodney District Council and the Waitakere City Council are not required to revise their district valuation rolls in 2010 for the purposes of a general revaluation.

(2) Subsection (1) applies despite the requirements of—

• (a) section 9(1), or any other provision, of the Rating Valuations Act 1998; or

• (b) the Local Government (Rating) Act 2002.

(1) The Auckland Regional Council must ensure that sufficient Watercare Services Limited employees are appointed (with effect no later than the close of 31 October 2010) as enforcement officers under section 177 of the Local Government Act 2002 for the purposes of dealing with or enforcing (by operation of section 67 of the Local Government (Auckland Transitional Provisions) Act 2010) water supply and wastewater services offences and bylaws after the Council is dissolved.

(2) The Auckland Regional Council must consult the Transition Agency before acting under subsection (1).

(1) This section applies to the Franklin District Council in respect of development contributions under subpart 5 of Part 8 of the Local Government Act 2002 payable in its district in accordance with its development contributions policy.

(2) No later than 30 September 2010, the Council must prepare and adopt—

• (a) a schedule specifying the community facilities—

  • (i) in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of the Waikato District; and

  • (ii) for which development contributions may be required under its development contributions policy; and

• (b) based on the schedule in paragraph (a), a schedule of development contributions payable in respect of those areas; and

• (c) a schedule specifying the community facilities—

  • (i) in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of the Hauraki District; and

  • (ii) for which development contributions may be required under its development contributions policy; and

• (d) based on the schedule in paragraph (c), a schedule of development contributions payable in respect of those areas; and

• (e) a schedule specifying the community facilities—

  • (i) in the areas of its district that on 1 November 2010, in accordance with the boundary adjustment order, will become part of Auckland; and

  • (ii) for which development contributions may be required under its development contributions policy; and

• (f) based on the schedule in paragraph (e), a schedule of development contributions payable in respect of those areas.

(3) The schedules referred to in subsection (2)(b), (d), and (f) must comply with the requirements of section 202 of the Local Government Act 2002, and that section applies accordingly with any necessary modifications.

(4) In preparing the schedules, the Franklin District Council is not required to use the special consultative procedure but must consult the Waikato District Council, the Hauraki District Council, and the Transition Agency.

(5) Development contributions payable under a schedule referred to in subsection (2)(b), (d), or (f) must not exceed the development contributions payable in the same circumstances and for the same purposes as stated in the development contributions policy.

(6) In this section, development contributions policy means the policy on development contributions—

• (a) adopted by the Franklin District Council under section 102(4)(d) of the Local Government Act 2002; and

• (b) included in its long-term council community plan as at 1 July 2010.

(1) This section applies to all existing local government organisations other than existing local authorities.

(2) An existing local government organisation must continue, subject to the provisions of this subpart, to fulfil its legal obligations and perform its duties during the transition period.

(3) An existing local government organisation must co-operate with the Transition Agency and every other existing local government organisation (including every existing local authority) to facilitate the reorganisation.

(4) Without limiting subsection (3), an existing local government organisation must—

• (a) comply with any reasonable request by the Transition Agency for employees of the existing local government organisation to be seconded to the Transition Agency under section 13(1)(f); and

• (b) comply with any reasonable request by the Transition Agency for any information that the existing local government organisation holds that is relevant to the reorganisation (including personal information relating to employment matters).

(5) In this section, existing local government organisation includes a council organisation (as defined in section 6(1)(a) of the Local Government Act 2002).

(1) Watercare Services Limited must plan and manage the integration of water supply and wastewater services in Auckland—

• (a) under the oversight of the Transition Agency; and

• (b) in accordance with the process approved by the Transition Agency under section 13(1)(ca); and

• (c) in a way that ensures that Watercare Sevices Limited becomes the provider of integrated water supply and wastewater services to Auckland.

(2) For the purposes of subsection (1), Watercare Services Limited must formulate—

• (a) a plan for the interim management, as from 1 November 2010, of stand-alone water and wastewater schemes within Auckland; and

• (b) detailed proposals for the long-term management and operation of those schemes for consideration by the Auckland Council and its local boards.

(3) Nothing in this section applies to stormwater drainage services.

(1) Subsections (6) and (7) apply to any decision of an existing local government organisation—

• (a) during the transition period; and

• (b) that may, directly or because of its consequences,—

  • (i) significantly prejudice the reorganisation:

  • (ii) significantly constrain the powers or capacity of the Auckland Council or any subsidiary of the Auckland Council following the reorganisation:

  • (iii) have a significant negative impact on the assets or liabilities that are transferred to the Auckland Council as a result of the reorganisation.

(2) Without limiting subsection (1), subsections (6) and (7) apply to any decision—

• (a) made during the transition period by an existing local authority and to which subsection (4) applies; or

• (b) made during the transition period by an existing local government organisation other than an existing local authority and to which subsection (5) applies.

(3) However, nothing in subsection (2) applies to Ports of Auckland Limited or any subsidiary of Ports of Auckland Limited.

(4) This subsection applies to a decision—

• (a) in respect of which the Transition Agency has notified the existing local authority under section 20:

• (b) to adopt or amend a long-term council community plan or to adopt an annual plan:

• (c) to adopt a policy required by the Local Government Act 2002:

• (d) that is significantly inconsistent with, or is anticipated to have consequences that will be significantly inconsistent with, any policy or plan adopted by the existing local authority under the Local Government Act 2002:

• (e) to set a rate other than in accordance with its long-term council community plan:

• (f) to purchase or dispose of assets other than in accordance with its long-term council community plan:

• (g) to appoint a chief executive or to modify the terms and conditions on which the chief executive is employed:

• (h) to terminate the chief executive's employment:

• (i) to enter into any contract (other than an employment agreement)—

  • (i) that imposes, or will continue to impose, any obligation on the existing local authority after 30 June 2011; and

  • (ii) the consideration for which is, or is equivalent to, $20,000 or more:

• (j) to borrow money for a period that extends beyond 30 June 2011:

• (k) to establish, or become a shareholder in, a council-controlled organisation:

• (l) to adopt or amend a policy concerning the appointment or remuneration of directors of a council-controlled organisation:

• (m) to appoint a person as a director of a council-controlled organisation:

• (n) to agree to, or modify, the statement of intent of a council-controlled organisation.

(5) This subsection applies to a decision—

• (a) in respect of which the Transition Agency has notified the existing local government organisation under section 20:

• (b) to purchase or dispose of an asset, if the purchase or disposal of the asset will have a material impact on the capacity or financial well-being of the organisation:

• (c) to appoint a chief executive, or to appoint any person to a position established only after the commencement of the transition period:

• (d) to enter into any contract (other than an employment agreement)—

  • (i) that imposes, or will continue to impose, any obligation on the organisation after 30 June 2011; and

  • (ii) the consideration for which is, or is equivalent to, $20,000 or more:

• (e) to borrow money for a period that extends beyond 30 June 2011.

(6) The chief executive of the existing local government organisation must ensure that the decision has been confirmed in writing by the Transition Agency before implementing the decision.

(7) A decision to which this section applies is void and of no effect until it is confirmed.

(1) Despite section 10 of the Local Electoral Act 2001,—

• (a) a triennial general election is not required to be held on 9 October 2010 for—

  • (i) an existing local authority; or

  • (ii) a community board of an existing local authority; and

• (b) sections 19H to 19ZI of that Act do not apply to an existing local authority during the transition period.

(2) Each member of an existing local authority and each member of a community board of an existing local authority remains in office until the close of 31 October 2010.

Sections 117(2) to (6), 118, and 119 of the Local Electoral Act 2001 apply, with all necessary modifications, to any extraordinary vacancy that occurs—

• (a) in the office of an elected member of an existing local authority or in the office of an elected member of a community board of an existing local authority; and

• (b) at any time during the transition period.

(1) The chief executive of an existing local authority is, in addition to the matters set out in section 42(2) and (3) of the Local Government Act 2002, responsible for ensuring, so far as is practicable, that the other employees and resources of the authority are available for the purposes of section 29(2).

(2) Nothing in this Act affects the employment agreement of any person appointed as a chief executive under section 42 of the Local Government Act 2002 by an existing local authority.

Part 2 of the Local Government (Auckland Transitional Provisions) Act 2010 applies to employees of existing local authorities and terminating organisations.

(1) On 1 November 2010, each existing local authority is dissolved and—

• (a) the functions, duties, and powers of each existing local authority under any enactment become functions, duties, and powers of the Auckland Council; and

• (b) except in respect of terminating organisations, the interests of each existing local authority in any council-controlled organisation or council organisation become interests of the Auckland Council in the council-controlled organisation or council organisation; and

• (c) Part 2 of the Local Government (Auckland Transitional Provisions) Act 2010 applies to the employees of each existing local authority; and

• (d) all property belonging to each existing local authority vests in the Auckland Council; and

• (e) all information held by each existing local authority is held by the Auckland Council; and

• (f) all money payable to or by each existing local authority becomes payable to or by the Auckland Council; and

• (g) all rights, liabilities, contracts, entitlements, and engagements of each existing local authority become rights, liabilities, contracts, entitlements, and engagements of the Auckland Council; and

• (h) anything done, or omitted to be done, or that is to be done, by, or in relation to, each existing local authority (including, to avoid doubt, the existing community boards of each existing local authority) must be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, the Auckland Council; and

• (i) proceedings commenced, continued, or enforced by or against each existing local authority may instead be commenced, continued, or enforced by or against the Auckland Council (without amendment to the proceedings); and

• (j) a matter or thing that would have, but for this section, been completed by an existing local authority must be completed by the Auckland Council.

(2) To avoid doubt, the dissolution of an existing local authority does not, of itself, affect any of the following matters:

• (a) any decision made, or anything done or omitted to be done, by the existing local authority in relation to the performance of the authority's functions and duties or the exercise of its powers under any enactment:

• (b) any proceedings commenced by or against the existing local authority:

• (c) any other matter or thing arising out of the existing local authority's performance, or purported performance, of the authority's functions and duties, or the exercise, or purported exercise, of its powers under any enactment.

(3) In subsection (1)(b), interests includes property, rights, liabilities, contracts, entitlements, powers, duties, and functions.

(4) Subsection (1)(a), (b), and (d) to (j) apply in respect of each existing local authority except to the extent that an Order in Council under section 36 or 37 provides otherwise.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister,—

• (a) vest any specified assets of an existing local authority in an entity other than the Auckland Council (an alternative entity):

• (b) specify any liabilities of an existing local authority as liabilities of an alternative entity:

• (c) specify any rights, obligations, or other matters of an existing local authority as rights, obligations, or other matters of an alternative entity.

(2) An order made under this section—

• (a) must be made before 1 November 2010; and

• (b) has effect on and from 1 November 2010; and

• (c) must specify the alternative entity (which must be one of the entities described in section 43(2)(b)(ii) or (iii)).

(3) The Minister must not recommend the making of an order without first consulting the Transition Agency.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister,—

• (a) vest any specified assets of the existing local authorities that are used for or relate to water supply or wastewater services in Watercare Services Limited:

• (b) specify any liabilities of the existing local authorities that relate to water supply or wastewater services as liabilities of Watercare Services Limited:

• (c) specify any rights, obligations, or other matters of the existing local authorities that relate to water supply or wastewater services as rights, obligations, or other matters of Watercare Services Limited.

(2) An order may also—

• (a) identify the total liability of the existing local authorities that—

  • (i) relates to water supply or wastewater services (including any relevant portions of general liabilities); and

  • (ii) by operation of section 35(1)(g) will become the liability of the Auckland Council; and

• (b) provide for a corresponding debt (however structured), owed by Watercare Services Limited to the Auckland Council.

(3) An order made under this section—

• (a) must be made before 1 November 2010; and

• (b) has effect on and from 1 November 2010.

(4) The Minister must not recommend the making of an order without first consulting the Transition Agency.

(5) In this section,—

(1) On 1 November 2010, each terminating organisation is dissolved and—

• (a) all property belonging to each terminating organisation vests in its receiving entity; and

• (b) the interests of each terminating organisation in any other council-controlled organisation or council organisation become interests of its receiving entity in the council-controlled organisation or council organisation; and

• (c) Part 2 of the Local Government (Auckland Transitional Provisions) Act 2010 applies to the employees of each terminating organisation; and

• (d) all information held by each terminating organisation is held by its receiving entity; and

• (e) all money payable to or by each terminating organisation becomes payable to or by its receiving entity; and

• (f) all rights, liabilities, contracts, entitlements, and engagements of each terminating organisation become rights, liabilities, contracts, entitlements, and engagements of its receiving entity; and

• (g) anything done, or omitted to be done, or that is to be done, by, or in relation to, each terminating organisation must be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, its receiving entity; and

• (h) proceedings commenced, continued, or enforced by or against each terminating organisation may instead be commenced, continued, or enforced by or against its receiving entity (without amendment to the proceedings); and

• (i) a matter or thing that would have, but for this section, been completed by a terminating organisation must be completed by its receiving entity.

(2) To avoid doubt, the dissolution of a terminating organisation does not, of itself, affect any of the following matters:

• (a) any proceedings commenced by or against the terminating organisation:

• (b) if the terminating organisation has statutory functions, duties, or powers under any enactment,—

  • (i) any decision made, or anything done or omitted to be done, by the organisation in relation to the performance of those functions and duties or the exercise of those powers:

  • (ii) any other matter or thing arising out of the organisation's performance, or purported performance, of those functions and duties, or the exercise, or purported exercise, of those powers.

(3) No director or board member of a terminating organisation is entitled to any compensation in respect of the termination of his or her office as a result of the dissolution of the organisation under this section.

(4) In subsection (1)(b), interests includes property, rights, liabilities, contracts, entitlements, powers, duties, and functions.

(5) Subsection (1)(a), (b), and (d) to (i) apply in respect of each terminating organisation except to the extent that an Order in Council under section 39 provides otherwise.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister,—

• (a) vest any specified assets of a terminating organisation in an entity other than its receiving entity (an alternative entity):

• (b) specify any liabilities of a terminating organisation as liabilities of an alternative entity:

• (c) specify any rights, obligations, or other matters of a terminating organisation as rights, obligations, or other matters of an alternative entity.

(2) An order made under this section—

• (a) must be made before 1 November 2010; and

• (b) has effect on and from 1 November 2010; and

• (c) must specify the alternative entity (which must be one of the entities described in section 43(2)(b)).

(3) The Minister must not recommend the making of an order without first consulting the Transition Agency.

(1) A terminating organisation is not required to prepare and adopt an annual report for the 2009/2010 financial year.

(2) Instead, a report for the period beginning on 1 July 2009 and ending at the close of 31 October 2010 must be prepared by the organisation for completion and adoption by its receiving entity.

(3) However, if a terminating organisation does prepare an annual report for the 2009/2010 financial year, a report for the period beginning on 1 July 2009 and ending at the close of 31 October 2010 must also be prepared by the organisation for completion and adoption by its receiving entity.

(4) Sections 67 and 68 of the Local Government Act 2002 apply, with all necessary modifications, to a report prepared under subsection (2) or (3) as if the report were an annual report.

(1) On 1 November 2010, the Auckland Regional Transport committee is disestablished and the term of office of every member of the committee ends.

(2) No member of the committee is entitled to any compensation in respect of the termination of his or her office under subsection (1).

(1) This section applies to the following actions effected under this subpart:

• (a) the dissolution of an existing local authority and the transfer of its property, rights, obligations, etc, to the Auckland Council under section 35:

• (b) the vesting of assets, etc, of an existing local authority in an alternative entity under section 36:

• (c) the vesting of water supply or wastewater services assets, liabilities, etc, of an existing local authority in Watercare Services Limited under section 37:

• (d) the dissolution of a terminating organisation and the transfer of its property, rights, obligations, etc, to its receiving entity under section 38:

• (e) the vesting of assets, etc, of a terminating organisation in an alternative entity under section 39.

(2) An action to which this section applies—

• (a) is not to be treated as placing a person in breach of, or in default under, any contract, or in breach of trust, or in breach of confidence, or as otherwise making the person guilty of a civil wrong; and

• (b) is not to be treated as entitling a person to—

  • (i) terminate or cancel or modify a contract, an agreement, or an arrangement; or

  • (ii) enforce or accelerate the performance of an obligation; or

  • (iii) require the performance of an obligation not otherwise arising for performance; and

• (c) does not release any surety wholly or in part from all or any obligation; and

• (d) does not invalidate or discharge any contract or security.

(1) This section applies only to a council-controlled organisation that is wholly owned or controlled by—

• (a) 1 or more existing local authorities; or

• (b) 1 or more terminating organisations; or

• (c) 1 or more existing local authorities and 1 or more terminating organisations.

(2) The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 4 to—

• (a) identify a council-controlled organisation as a terminating organisation by inserting its name in the first column of that schedule; and

• (b) identify one of the following entities as the receiving entity for the council-controlled organisation by inserting the name of the entity in the second column of that schedule:

  • (i) the Auckland Council:

  • (ii) an existing local government organisation that, on and from 1 November 2010, by operation of this Act, will be a council-controlled organisation of the Auckland Council:

  • (iii) a council-controlled organisation of the Auckland Council established on and from 1 November 2010 by or under this or any other enactment (whether or not the enactment is in force at the time of the making of the order).

(3) An order made under this section must be made before 1 November 2010.

(4) The Minister must not recommend the making of an order—

• (a) unless he or she is satisfied that,—

  • (i) at the time of making the recommendation, the council-controlled organisation is a council-controlled organisation to which this section applies; and

  • (ii) the dissolution of the council-controlled organisation is necessary for the effective and efficient governance of Auckland and does not inappropriately constrain the discretion and accountability of the Auckland Council; and

• (b) without first consulting the Transition Agency.

(5) To avoid doubt, an order may be made under this section in respect of Auckland Regional Holdings.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, direct the Transition Agency to establish 1 or more entities as council-controlled organisations of the Auckland Council to operate on and from 1 November 2010.

(2) An order made under this section—

• (a) must be made before 1 November 2010; and

• (b) must specify the objectives of the council-controlled organisation; and

• (c) must specify the governance structure of the organisation; and

• (d) may specify any other details concerning the structure and operation of the organisation that the Minister recommends.

(3) Without limiting subsection (2)(d), and to avoid doubt, an order made under subsection (1) may specify details concerning the financial structure and operation of the organisation.

(4) The Minister must not recommend the making of an order—

• (a) unless he or she is satisfied that the establishment of the council-controlled organisation concerned is necessary for the effective and efficient governance of Auckland and does not inappropriately constrain the discretion and accountability of the Auckland Council; and

• (b) without first consulting the Transition Agency.

(5) The Minister may appoint initial directors of a council-controlled organisation established under this section under section 48.

(1) This section applies to a fee or charge that—

• (a) is prescribed by an existing local authority; and

• (b) relates to a certificate, authority, approval, or permit, or a consent from, or inspection by, or registration with, the existing local authority that is required by or under an enactment; and

• (c) is authorised by or under that enactment or section 150 of the Local Government Act 2002; and

• (d) does not relate to goods, services, or amenities provided by the existing local authority in reliance on its general powers under section 12 of the Local Government Act 2002.

(2) The Governor-General may, by Order in Council made on the recommendation of the Minister, replace a fee or charge with 1 or more new fees or charges.

(3) An order made under this section—

• (a) must be made before 1 October 2010; and

• (b) has effect on and from a specified date (being no later than the close of 31 October 2010).

(4) The Minister must not recommend the making of an order without first consulting the Transition Agency.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe standing orders to serve as the standing orders of the Auckland Council until the Council adopts its first standing orders under clause 27 of Schedule 7 of the Local Government Act 2002.

(2) The prescribed standing orders must not contravene the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.

(3) An order made under this section—

• (a) must be made before 1 November 2010; and

• (b) has effect on and from 1 November 2010.

(4) The Minister must recommend the making of an order, but must first consult the Transition Agency.

(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations to—

• (a) prescribe matters in respect of the establishment of the Auckland Council and its subsidiaries that may be in addition to or in place of the provisions of this Act:

• (b) extend the time for completing an action, a step, or a procedure that is required by or under this Act and that is not done or cannot be done by the time required:

• (c) make provision for a situation for which no or insufficient provision is made by or under this Act.

(2) The Minister must not recommend the making of regulations unless he or she is satisfied that to do so is necessary for the effective and efficient governance of Auckland on and from 1 November 2010.

(3) Any regulations made under this section that are in force on 31 October 2010 expire at the close of that day.

(1) This section applies to the following council-controlled organisations:

• (a) the entity established under section 19B:

• (b) an entity established as a council-controlled organisation in accordance with section 44.

(2) The Minister may, by notice in the Gazette, appoint initial directors of a council-controlled organisation to which this section applies on any terms and conditions that he or she specifies. However,—

• (a) no director may be appointed for a term greater than 3 years; and

• (b) no more than one-third of the total number of directors appointed may be appointed for a term greater than 2 years; and

• (c) no more than two-thirds of the total number of directors appointed may be appointed for a term greater than 1 year.

(3) The Minister must not appoint a person under this section unless he or she is satisfied that the person has the skills, knowledge, or experience to—

• (a) guide the council-controlled organisation, having regard to the nature and scope of its activities; and

• (b) contribute to the achievement of the objectives of the organisation.

(4) The Minister may appoint directors under this section to act as the chairperson and deputy chairperson of a council-controlled organisation until the Auckland Council makes any appointment to those positions (whether under section 95 of the Local Government (Auckland Council) Act 2009 or otherwise).

(5) The Minister must not appoint a person under this section without first consulting the Transition Agency.

(1) The Minister of Transport and the Minister may, by notice in the Gazette, appoint initial directors of Auckland Transport on any terms and conditions that the Ministers specify. However,—

• (a) no director may be appointed for a term greater than 3 years; and

• (b) no more than one-third of the total number of directors appointed may be appointed for a term greater than 2 years; and

• (c) no more than two-thirds of the total number of directors appointed may be appointed for a term greater than 1 year.

(2) The Ministers must not appoint a person under this section unless they are satisfied that the person has the skills, knowledge, or experience to—

• (a) guide Auckland Transport, having regard to the nature and scope of its activities; and

• (b) contribute to the purpose of Auckland Transport.

(3) The Ministers may appoint directors under this section to act as the chairperson and deputy chairperson of Auckland Transport until the Auckland Council makes appointments to those positions under section 43(3) of the Local Government (Auckland Council) Act 2009.

(4) The Ministers must not appoint a person under this section without first consulting the Transition Agency.

(1) The chief executive of the Ministry of Pacific Island Affairs must develop proposals in relation to the establishment of a Pacific Peoples Advisory Panel (as required by section 86 of the Local Government (Auckland Transitional Provisions) Act 2010) for consideration by the mayor of Auckland on his or her election.

(2) The proposals must be developed no later than 1 November 2010.

(3) In acting under subsection (1), the chief executive—

• (a) must consult the Transition Agency and each existing local authority; and

• (b) may consult any other person as he or she thinks fit.

(1) The Remuneration Authority must, no later than 15 July 2010, determine the remuneration, allowances, and expenses payable to—

• (a) the mayor and members of the Auckland Council:

• (b) the chairpersons and members of local boards of the Auckland Council.

(2) For the purposes of this section, the Remuneration Authority must act as if Part 2 of the Local Government (Auckland Council) Act 2009 were in force and the Auckland Council were established, and clauses 6 to 13 of Schedule 7 of the Local Government Act 2002 apply accordingly, with any necessary modifications.

Before the close of 31 October 2010, the chief executive of the Ministry that is responsible for the administration of the Building Act 2004 must, for the purposes of section 73 of the Local Government (Auckland Transitional Provisions) Act 2010, enter the name of the Auckland Council in the register of building consent authorities kept under section 273(1)(a) of the Building Act 2004 without applying sections 191 to 197 of that Act.

(1) The initial members of the board established by section 81 of the Local Government (Auckland Council) Act 2009 must be appointed on or before 1 November 2010 (in order for the board to be ready to carry out its functions under Part 7 of that Act on and from 1 November 2010).

(2) For the purposes of this section, the Minister of Māori Affairs, the selection body, the mana whenua groups concerned, and any other person with a role in the appointment process of board members must act as if Part 7 and Schedule 2 of the Local Government (Auckland Council) Act 2009 were in force and the Auckland Council established.

(3) The Transition Agency is responsible for any reasonable costs any person may incur in acting under this section, including the costs of the Minister and the mana whenua groups.

An Order in Council made under section 19B or a provision of this Part is a regulation for the purposes of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989.

(1) This section amends the Local Government (Watercare Services Limited) Order 2007.

(2) Clause 3 is amended by omitting “30 June” and substituting “31 October”.

If there is any inconsistency between this Part and any enactment that applies to any existing local government organisation, this Part prevails.