Local Government Act 2002
084
ANALYSIS
Analysis
Title
1 Title
2 Commencement
1: Preliminary provisions
3 Purpose
4 Treaty of Waitangi
5 Interpretation
6 Meaning of council-controlled organisation and council organisation
7 Exempted organisations
8 Act binds the Crown
2: Purpose of local government, and role and powers of local authorities
9 Outline of Part
10 Purpose of local government
11 Role of local authority
12 Status and powers
13 Performance of functions under other enactments
14 Principles relating to local authorities
15 Triennial agreements
16 Significant new activities proposed by regional council
17 Transfer of responsibilities
18 Responsibilities, powers, and duties of Minister
19 Secretary
3: Structure and reorganisation of local government
20 Outline of Part
21 Local authorities
22 Minister is territorial authority in certain cases
23 Description of local government
24 Reorganisation proposals
25 Order in Council to give effect to reorganisation schemes
26 Power to amend reorganisation schemes
27 Application to be called city council or district council
28 Local Government Commission
29 Commission is body corporate with full powers
30 Functions and powers of Commission
31 Report to Minister on matters relating to local government
32 Review of operation of Act and Local Electoral Act 2001
33 Membership of Commission
34 Commission is Commission of Inquiry
35 Evidence before Commission
36 Further provisions relating to Commission and its proceedings
37 Appeals against decisions of Commission
4: Governance and management of local authorities and community boards
38 Outline of Part
39 Governance principles
40 Local governance statements
41 Governing bodies
42 Chief executive
43 Certain members indemnified
44 Report by Auditor-General on loss incurred by local authority
45 Local authority to respond to Auditor-General
46 Members of local authority liable for loss
47 Members may be required to pay costs of proceeding in certain cases
48 Further provisions of Schedule 7
49 Establishment of community boards
50 Membership of community boards
51 Status of community boards
52 Role of community boards
53 Powers of community boards
54 Application of other provisions to community boards
5: Council-controlled organisations and council organisations
55 Outline of Part
56 Consultation required before council-controlled organisation established
57 Appointment of directors
58 Role of directors of council-controlled organisations
59 Principal objective of council-controlled organisation
60 Decisions relating to operation of council-controlled organisations
61 Certain goods and services to be supplied under purchase contracts
62 Prohibition on guarantees, etc
63 Restriction on lending to council-controlled trading organisation
64 Statements of intent for council-controlled organisations
65 Performance monitoring
66 Half-yearly report
67 Annual report
68 Content of reports on operations of council-controlled organisations
69 Financial statements and auditor's report
70 Auditor-General is auditor of council-controlled organisations
71 Protection from disclosure of sensitive information
72 Application of Act to related and associated companies
73 Transfer of undertakings to council-controlled organisations
74 Official information
6: Planning, decision-making, and accountability
75 Outline of Part
76 Decision-making
77 Requirements in relation to decisions
78 Community views in relation to decisions
79 Compliance with procedures in relation to decisions
80 Identification of inconsistent decisions
81 Contributions to decision-making processes by Maori
82 Principles of consultation
83 Special consultative procedure
84 Special consultative procedure in relation to long-term council community plan
85 Use of special consultative procedure in relation to annual plan
86 Use of special consultative procedure in relation to adoption or review or amendment of bylaws
87 Other use of special consultative procedure
88 Use of special consultative procedure in relation to change of mode of delivery of significant activity
89 Summary of information
90 Policy on significance
91 Process for identifying community outcomes
92 Obligation to report against community outcomes
93 Long-term council community plan
94 Audit of long-term council community plan
95 Annual plan
96 Effect of resolution adopting long-term council community plan or annual plan
97 Certain decisions to be taken only if provided for in long-term council community plan
98 Annual report
99 Audit of information in annual report and summary
100 Balanced budget requirement
101 Financial management
102 Funding and financial policies
103 Revenue and financing policy
104 Liability management policy
105 Investment policy
106 Policy on development contributions or financial contributions
107 Policy on partnerships with private sector
108 Policy on remission and postponement of rates on Maori freehold land
109 Rates remission policy
110 Rates postponement policy
111 Information to be prepared in accordance with generally accepted accounting practice
112 Interpretation
113 Prohibition on borrowing in foreign currency
114 Constraints on receiver
115 Rates as security
116 Register of charges maintained by local authority
117 Protected transactions
118 Certificate of compliance
119 Good faith in relation to protected transactions
120 Saving provision in respect of power of court
121 The Crown not liable for debts
122 Prospectuses and loan documents to contain statement that the Crown does not guarantee securities or loan
7: Specific obligations and restrictions on local authorities and other persons
123 Outline of Part
124 Interpretation
125 Requirement to assess water and other sanitary services
126 Information required in assessment of water services
127 Information required in assessment of sanitary services
128 Process for making assessments
129 Extent of information in assessments
130 Obligation to maintain water services
131 Power to close down or transfer small water services
132 Eligibility to vote in referendum
133 Responsibility for conduct of referendum
134 Criteria for closure of water service
135 Criteria for transfer of water service
136 Contracts relating to provision of water services
137 Partnerships and joint ventures
138 Restrictions on disposal of parks
139 Protection of regional parks or reserves
140 Restrictions on disposal of endowment property
141 Conditions applying to sale or exchange of endowment property
142 Obligation to provide free membership of libraries
8: Regulatory, enforcement, and coercive powers of local authorities
143 Outline of Part
144 Bylaws Act 1910
145 General bylaw-making power for territorial authorities
146 Specific bylaw-making powers of territorial authorities
147 Power to make bylaws for liquor control purposes
148 Special requirements for bylaws relating to trade wastes
149 Power of regional councils to make bylaws
150 Fees may be prescribed by bylaw
151 General provisions applying to bylaws
152 Effect of Building Act 1991 on bylaws
153 The Crown bound by certain bylaws
154 Power of exemption
155 Determination whether bylaw is appropriate
156 Special consultative procedure must be used except in certain cases
157 Public notice of bylaws and availability of copies
158 Review of bylaws
159 Procedure for and nature of review
160 Expiry of bylaws
161 Transfer of bylaw-making power
162 Injunctions restraining commission of offences and breaches of bylaws
163 Removal of works in breach of bylaws
164 Seizure of property not on private land
165 Seizure of property from private land
166 Conditions for exercise of warrant to seize property on private land
167 Return of property seized and impounded
168 Power to dispose of property seized and impounded
169 Powers of arrest, search, and seizure in relation to bylaw prohibiting liquor in public place
170 Conditions relating to power of search
171 General power of entry
172 Power of entry for enforcement purposes
173 Power of entry in cases of emergency
174 Authority to act
175 Power to recover for damage by wilful or negligent behaviour
176 Costs of remedying damage arising from breach of bylaw
177 Appointment of enforcement officer
178 Enforcement officers may require certain information
179 Contracting out administration of enforcement
180 Enforcement and administration of regional council bylaws
181 Construction of works on private land
182 Power of entry to check utility services
183 Removal of fire hazards
184 Rights and obligations if notice given under section 183(1)
185 Occupier may act if owner of premises makes default
186 Local authority may execute works if owner or occupier defaults
187 Recovery of cost of works by local authority
188 Liability for payments in respect of private land
189 Power to acquire land
190 Compensation payable by local authority for land taken or injuriously affected
191 Local authority not authorised to create nuisance
192 Wastage of water
193 Power to restrict water supply
194 Power to stop water services
195 Discharge of sewage
196 Discharge of trade wastes
197 Interpretation
198 Power to require contributions for developments
199 Basis on which development contributions may be required
200 Limitations applying to requirement for development contribution
201 Contents of development contributions policy
202 Contents of schedule to development contributions policy
203 Maximum development contributions not to be exceeded
204 Use of development contributions by territorial authority
205 Use of development contributions for reserves
206 Alternative uses of development contributions for reserves
207 Power to use money collected and held under Local Government Act 1974 or Resource Management Act 1991
208 Powers of territorial authority if development contributions not paid or made
209 Refund of money and return of land if development does not proceed
210 Refund of money or return of land if not applied to specified reserve purposes
211 Application of other Acts
212 Interpretation
213 Application of District Courts Rules to removal orders
214 Scope of rules made under section 213
215 Application for removal order
216 Circumstances when Court may make removal order
217 Right of objection
218 Consideration of objections
219 Appeal to High Court final
220 Compliance with removal order
221 Limits to power of entry to enforce compliance
222 Provisions of Resource Management Act 1991 and Building Act 1991 continue to apply
223 Relationship with Fencing Act 1978
9: Offences, penalties, infringement offences, and legal proceedings
224 Offence relating to water wastage
225 Offences relating to waterworks
226 Liability for cost of damage
227 Offences relating to water meters
228 Offences relating to water races
229 Obstruction of enforcement officers or agents of local authority
230 Offences by occupiers
231 Offences in relation to notices sent to occupiers or owners
232 Damage to local authority works or property
233 Offence relating to advertising
234 Unauthorised use of Coat of Arms
235 Offences by members of local authorities
236 Penalty for acting without warrant
237 Offence by member or officer of Remuneration Authority
238 Offence of failing to comply with Act
239 Offences punishable on summary conviction
240 Defence to offences under this Act
241 Laying of information
242 Penalties for offences
243 Interpretation
244 Proceedings for infringement offences
245 Issue of infringement notices
246 Entitlement to infringement fees
247 Proceedings in District Court
248 Judges not disqualified for being ratepayers
249 Representation of local authority in proceedings
250 Service of legal proceedings on local authority
251 Evidence of ownership, vesting, or control
252 Recovery of debts
10: Powers of Minister to act in relation to local authorities
253 Outline of Part
254 Minister may appoint review authority
255 Minister may appoint Commissioner to perform and exercise powers and duties of local authority or call general election
256 Minister may appoint person to act on behalf of local authority, or initiate review
257 Election called by Minister
258 Appointment of Commissioner and Deputy Commissioners for Disaster Recovery
11: Regulations and other Orders in Council
259 Regulations
260 Amendment of Schedule 2 by Order in Council
261 Circumstances when Order in Council may extend time or validate action taken
12: Consequential amendments, repeals, revocations, transitional provisions, and savings
262 Consequential amendments
263 Water services
264 Amendment to Personal Property Securities Act 1999
265 New Schedule added to Receiverships Act 1993
266 Repeals
267 Repeal of enactments relating to special consultative procedure
268 Repeal of Local Government (Prohibition of Liquor in Public Places) Amendment Act 2001
269 Repeal of spent local Acts
270 Repeal of provisions relating to regional parks of Wellington Regional Council
271 Lake Taupo Regulations 1976
272 Revocations
273 First triennial agreement
274 First local governance statement
275 First policy on appointment of directors
276 First statement of intent and report and accounts of existing local authority trading enterprises
277 First statement of intent of other council-controlled organisations
278 First policy on significance
279 Long-term council community plan
280 Long-term council community plan for period beginning on 1 July 2006
281 Annual plan
282 Certain decisions to be taken only if provided for in annual plan or special consultative procedure used
283 Annual reports
284 First annual plan
285 First assessment of water and sanitary services
286 Waste management plan
287 Special consultative procedure
288 Decision-making processes commenced before enactment
289 Special orders
290 Development contributions
291 Reorganisation proposals
292 Existing charges
293 Bylaws
294 Standing orders
295 Communities and community boards
296 Chief executive
297 Members of Commission
298 Community trusts
299 Borrowing from sinking fund
300 Cancellation of part of loan in respect of which sinking fund is held
301 Consent required for release of sinking fund
302 Provisions relating to Public Trust and Board of Trustees of National Provident Fund
303 Public Bodies Leases Act 1969
304 Sale of land purchased for commercial or industrial purposes
305 Local Authorities (Employment Protection) Act 1963
306 Local Authorities Loans Act 1956
307 Existing proceedings
308 Existing causes of action
309 Saving
310 Saving in respect of bylaws of Transit New Zealand
311 Savings in respect of bylaws made in respect of Government roads
312 Savings and validation in respect of remuneration, allowances, and expenses of elected members
313 Saving in respect of Infrastructure Auckland
314 Prohibition of vehicles and consumption or possession of intoxicating liquor in public place
Schedule(s)
1 FIRST: Acts under which responsibilities, powers, and duties are conferred or imposed on Minister of Local Government and Secretary for Local Government
2 SECOND: Local authorities
3 THIRD: Reorganisation of local authorities
4 FOURTH: Provisions relating to Local Government Commission and its proceedings
5 FIFTH: Appeals against decisions of Local Government Commission
6 SIXTH: Constitution of communities
7 SEVENTH: Local authorities and community boards, and their members
8 EIGHTH: Statements of intent
9 NINTH: Council-controlled organisations and transfer of undertakings
10 TENTH: Council plans and reports
11 ELEVENTH: Matters relating to rates relief on Maori freehold land
12 TWELFTH: Conditions of constructing or undertaking works on private land without the owner's consent
13 THIRTEENTH: Methodology for calculating development contributions
14 FOURTEENTH: Procedure for making removal orders
15 FIFTEENTH: Powers of Minister
16 SIXTEENTH: Consequential amendments
17 SEVENTEENTH: New Schedule of Receiverships Act 1993
18 EIGHTEENTH: Enactments repealed
19 NINETEENTH: Local Acts repealed
20 TWENTIETH: Orders in Council revoked