Local Government (Protection of Auckland Assets) Amendment Bill
Local Government (Protection of Auckland Assets) Amendment Bill
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Local Government (Protection of Auckland Assets) Amendment Bill
Local Government (Protection of Auckland Assets) Amendment Bill
Member's Bill
53—1
Explanatory note
General policy statement
This bill protects Auckland’s local authority assets by requiring a referendum under the Local Electoral Act 2001 before sale or privatisation.
Clause by clause analysis
Clause 1 is the Title provision.
Clause 2 provides for the bill to come into force on the day after the date on which it receives the Royal assent.
Clause 3 sets out the purpose of the bill.
Clause 4 defines the Principal Act as the Local Government Act 2002.
Clause 5 inserts new section 63A, preventing the sale, disposal, or surrender of control of assets or organisation listed in new Schedule 21.
Clause 6 adds new Schedule 21, listing protected Auckland assets.
Phil Twyford
Local Government (Protection of Auckland Assets) Amendment Bill
Member's Bill
53—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Local Government (Protection of Auckland Assets) Amendment Act 2009.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Purpose
The purpose of this Act is to prevent the sale or privatisation of council controlled organisations.
4 Principal Act amended
This Act amends the Local Government Act 2002.
5 New section 63A inserted
The following section is inserted after section 63:
“63A Restriction on sale or privatisation of Auckland local authority assets
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“(1) No Auckland local authority shall—
“(a) sell or otherwise dispose of, or sell any equity securities; or
“(b) surrender any voting rights; or
“(c) relinquish any right to appoint trustees, directors, or managers (however described).
“(2) Subsection (1) applies to any asset or organisation listed in Schedule 21 of this Act unless the proposal for sale, disposal, or surrender of control has been carried by a majority of the valid votes cast in a referendum conducted under the provisions of the Local Electoral Act 2001.
“(3) No Auckland local authority shall sell or otherwise dispose of any parks, swimming pools, public libraries, or public housing assets, except in a business as usual transaction as part of normal portfolio management, unless the proposal for sale, disposal, or surrender of control has been carried by a majority of the valid votes cast in a referendum conducted under the provisions of the Local Electoral Act 2001.
“(4) In this section,
‘Auckland local authority’
includes—“(a) Auckland City Council; or
“(b) Auckland Regional Council; or
“(c) Franklin District Council; or
“(d) Manukau City Council; or
“(e) North Shore City Council; or
“(f) Papakura District Council; or
“(g) Rodney District Council; or
“(h) Waitakere City Council; or
“(i) Auckland Transitional Authority (as established by the Local Government (Tamaki Makaurau) Act 2009); or
“(j) any successor body to any of the above.”
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6 New Schedule added
The principal Act is amended by adding the Schedule 21 set out in the Schedule of this Act.
Schedule |
Schedule 21
Protected Auckland assetss 63A
Auckland Regional Transport Authority
Auckland Regional Holdings Ltd
America's Cup Village Limited
Ports of Auckland Limited
Tourism Auckland and Visitor Trust
Sea+City Projects Limited
Metro Water Ltd
Auckland International Airport Ltd
Watercare Services Ltd
Auckland Regional Transport Network Ltd
NSC Holdings Ltd
12 North Shore Domain and North Harbour Stadium
North West Auckland Airport Ltd
Enterprise North Shore
Waitemata Harbour Clean-Up Trust
The Safer Papakura Trust
Proudly Papakura Trust
Manukau City Investments Ltd
Manukau Water Ltd
Tomorrow's Manukau Properties Ltd (TMPL)
TMPL (Flatbush) Ltd
Waste Disposal Services
Manukau Building Consultants Ltd
Manukau City Investments Ltd
Manukau Leisure Services Ltd
Manukau Education and Employment Trust
The City of Manukau Education Trust
Pakuranga Arts and Cultural Trust
Highbrook Park Trust
Manukau Beautification Charitable Trust
Te Puru Community Trust
Counties Manukau Pacific Trust
John Walker "Find Your Field of Dreams" Foundation
Waitakere City Holdings Ltd
Waitakere Properties Ltd
Waitakere Enterprise Trust
Prime West Ltd
Prime West Management Ltd
Araparera Forestry Management Ltd
Franklin Arts, Culture and Library Trust
Local Authority Shared Services Ltd
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Local Government (Protection of Auckland Assets) Amendment Bill
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