1: Title
This Act is the Local Government (Auckland Council) Act 2009.
2: Commencement
1: Part 2
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent. Section 2(1) amended 15 June 2010 section 5 Local Government (Auckland Council) Amendment Act 2010
1: Preliminary provisions
3: Purpose
The purpose of this Act is—
a: to establish the Auckland Council as a unitary authority for Auckland; and
b: to set out the matters in relation to the Council's structure and functions, duties, and powers that differ from the general provisions applying to local authorities under the Local Government Act 2002
c: to provide the Local Government Commission with the necessary functions and powers to determine certain matters in relation to the Council; and
d: to establish arrangements for the management of transport and water supply and wastewater services for Auckland; and
e: to require the Auckland Council to adopt a spatial plan for Auckland; and
e:
f: to establish arrangements to promote issues of significance for mana whenua groups and mataawaka for Tamaki Makaurau; and
g: to set out requirements relating to substantive council-controlled organisations. Section 3 substituted 15 June 2010 section 6 Local Government (Auckland Council) Amendment Act 2010 Section 3(e) inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 3(e) repealed 24 August 2023 section 75 Spatial Planning Act 2023
4: Interpretation
1: In this Act, unless the context requires another meaning,— Auckland section 33(1) section 35(1) Auckland Council Council section 6 Auckland Transport section 38 Auckland water organisation
a: until 1 July 2015, means Watercare Services Limited; and
b: on and after 1 July 2015, means—
i: the Auckland Council (except in section 61
ii: a council-controlled organisation of the Auckland Council that provides water supply or wastewater services, or both, in Auckland governing body section 8(1) local activities section 17
a: providing services; and
b: providing and operating facilities; and
c: providing funding and other support to groups and organisations local board section 10 local board agreement section 21 local board area section 35 local board plan section 20 Local Government Commission section 28 LTP mana whenua group
a: exercises historical and continuing mana whenua in an area wholly or partly located in Auckland; and
b: is 1 or more of the following in Auckland:
i: a mandated iwi organisation under the Maori Fisheries Act 2004
ii: a body that has been the subject of a settlement of Treaty of Waitangi claims:
iii: a body that has been confirmed by the Crown as holding a mandate for the purposes of negotiating Treaty of Waitangi claims and that is currently negotiating with the Crown over the claims mataawaka
a: live in Auckland; and
b: are not in a mana whenua group mayor selection body clause 2 substantive council-controlled organisation
a: means a council-controlled organisation that is either wholly owned or wholly controlled by the Council and either—
i: is responsible for the delivery of a significant service or activity on behalf of the Council; or
ii: owns or manages assets with a value of more than $10 million; and
b: includes Auckland Transport water supply and wastewater services
a: includes both bulk and retail supply and services; but
b: does not include—
i: water supply or wastewater schemes that are independent of a water supply network or waste-water network, as the case may be, within Auckland; or
ii: privately owned water supply or wastewater schemes; or
iii: stormwater drainage services, except to the extent that any stormwater drainage infrastructure is also used for wastewater services under normal dry weather flow conditions— and water supply or wastewater services water supply services wastewater services
2: Unless the context requires another meaning, terms and expressions used and not defined in this Act, but defined in the Local Government Act 2002 Section 4(1) Auckland Transport inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) Auckland water organisation inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) local board plan inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) LTCCP repealed 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 4(1) LTP inserted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 4(1) mana whenua group inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) mataawaka inserted 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) selection body added 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) substantive council-controlled organisation added 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010 Section 4(1) water supply and wastewater services added 15 June 2010 section 7 Local Government (Auckland Council) Amendment Act 2010
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 4A inserted 10 May 2016 section 4 Local Government (Auckland Council) Amendment Act 2016
5: Relationship between this Act and Local Government Act 2002
, Local Government Act 1974, Local Electoral Act 2001, and Land Transport Management Act 2003 If there is any inconsistency between this Act and the Local Government Act 2002 the Local Government Act 1974 Local Electoral Act 2001 Land Transport Management Act 2003 Section 5 heading amended 15 June 2010 section 8(1) Local Government (Auckland Council) Amendment Act 2010 Section 5 amended 15 June 2010 section 8(2) Local Government (Auckland Council) Amendment Act 2010
2: Auckland Council
Auckland Council established as unitary authority
6: Auckland Council established
1: This section establishes a territorial authority for Auckland to be known as the Auckland Council.
2: The Auckland Council has, in relation to Auckland, the responsibilities, duties, and powers of a regional council.
3:
4: 2010-11-01 Local Government Act 2002 Part 2 of schedule 2 amended by subs (4) of this section Section 6(3) repealed 1 November 2010 section 9 Local Government (Auckland Council) Amendment Act 2010 Section 6(4) repealed 1 November 2010 section 9 Local Government (Auckland Council) Amendment Act 2010
7: Decision-making of Council shared between governing body and local boards
1: Despite section 41
a: the Auckland Council has a two-tier governance structure comprising the governing body and the local boards; and
b: the decision-making responsibilities of the Auckland Council are shared between the governing body and the local boards in accordance with sections 14 to 23
2: A governance statement prepared by the Council for the purposes of section 40 Section 7(2) added 1 November 2010 section 10 Local Government (Auckland Council) Amendment Act 2010 Governing body
8: Governing body of Auckland Council
1: The governing body of the Auckland Council must comprise—
a: a mayor elected in accordance with the Local Electoral Act 2001
b: no fewer than 5 other members and no more than 29 other members elected in accordance with the Local Electoral Act 2001
2: The mayor must be elected by the electors of Auckland as a whole. Section 8(1) replaced 31 August 2023 section 52 Local Government Electoral Legislation Act 2023
9: Mayor of Auckland
1: The role of the mayor is to—
a: articulate and promote a vision for Auckland; and
b: provide leadership for the purpose of achieving objectives that will contribute to that vision.
2: Without limiting subsection (1), it is the role of the mayor to—
a: lead the development of Council plans (including the LTP
b: ensure there is effective engagement between the Auckland Council and the people of Auckland , including those too young to vote
3: For the purposes of subsections (1) and (2), the mayor has the following powers:
a: to establish processes and mechanisms for the Auckland Council to engage with the people of Auckland, whether generally or particularly (for example, the people of a cultural, ethnic, geographic, or other community of interest):
b: to appoint the deputy mayor:
c: to establish committees of the governing body:
d: to appoint the chairperson of each committee of the governing body and, for that purpose, the mayor—
i: may make the appointment before the other members of the committee are determined; and
ii: may appoint himself or herself:
e: to establish and maintain an appropriately staffed office of the mayor.
4: The mayor must exercise the power in subsection (3)(e)—
a: in consultation with, and acting through, the Council's chief executive; and
b: within the budget in the annual plan adopted for that particular expenditure (being an amount not less than 0.2% of the Council's total budgeted operating expenditure for that year).
5: The mayor must not delegate any of his or her powers under subsection (3).
6: The mayor is a member of each committee of the governing body.
7: To avoid doubt,—
a: clause 17(1) (3)(b) of this section)
b: clause 25
c: clause 30 Section 9(2)(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 9(2)(b) amended 1 November 2010 section 11(1) Local Government (Auckland Council) Amendment Act 2010 Section 9(7)(a) amended 1 November 2010 section 11(2) Local Government (Auckland Council) Amendment Act 2010 Local boards
10: Local boards
A local board must be established for each local board area for the purposes of—
a: enabling democratic decision making by, and on behalf of, communities within the local board area; and
b: better enabling the purpose of local government to be given effect to within the local board area. Section 10(b) replaced 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
11: Membership of local boards
1: The initial number section 34(1)(c)
1A: 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:
a: as a consequence of a review carried out by the Council under the Local Electoral Act 2001
b: as part of a local government reorganisation Local Government Act 2002
2: Members of a local board—
a: must be elected in accordance with this Act and Local Electoral Act 2001
b: must elect a chairperson from among themselves using one of the systems of voting set out in clause 25(3) and (4)
3:
4:
5:
6: Section 11(1) amended 1 November 2010 section 12(1) Local Government (Auckland Council) Amendment Act 2010 Section 11(1A) inserted 1 November 2010 section 12(2) Local Government (Auckland Council) Amendment Act 2010 Section 11(1A)(a) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(1A)(b) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(1A)(b) amended 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012 Section 11(2) substituted 1 November 2010 section 12(3) Local Government (Auckland Council) Amendment Act 2010 Section 11(2)(a) amended 10 May 2016 section 5 Local Government (Auckland Council) Amendment Act 2016 Section 11(3) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(4) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(5) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 11(6) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
11AA: Prohibition on membership of more than 1 local board
No person may be a member of more than 1 local board at the same time. Section 11AA inserted 10 May 2016 section 6 Local Government (Auckland Council) Amendment Act 2016
11AAB: Nominations for more than 1 local board
1: This section applies if the electoral officer has accepted a candidate’s nomination for election to a local board.
2: 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).
3: The candidate must, by written notice to the electoral officer,—
a: specify all local boards to which he or she is seeking election; and
b: for the purposes of section 11AAC(2) rankings
4: If subsection (3) applies, the candidate must—
a: submit a candidate profile statement for each local board election; and
b: state in each candidate profile statement the rankings he or she had made under subsection (3).
5: The information required under subsection (4)(b) does not count for the purposes of the word limit under section 61(2)(a)
6: In this section, candidate profile statement section 61 Section 11AAB inserted 10 May 2016 section 6 Local Government (Auckland Council) Amendment Act 2016
11AAC: What happens if a person is elected to more than 1 local board
1: This section applies if—
a: section 11AAB(3)
b: a person is declared to be elected to more than 1 local board (and remains so elected despite any recount under section 92 section 93
2: 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)
3: Sections 88B to 88E section 88A(2) 2001 No 35 s 88A Section 11AAC inserted 10 May 2016 section 6 Local Government (Auckland Council) Amendment Act 2016
11AAD: Prohibition on candidacy for local board
1: No member of a local board ( LB1 LB2
2: 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. 2001 No 35 s 58AA Section 11AAD inserted 10 May 2016 section 6 Local Government (Auckland Council) Amendment Act 2016
11A: Indemnification and liability of local board members
1: Sections 43 46 47
2: However, a member of a local board can be liable under section 46 47 Section 11A inserted 1 November 2010 section 13 Local Government (Auckland Council) Amendment Act 2010
12: Status of local boards
1: A local board is an unincorporated body.
2: A local board is not a local authority, a community board, or a committee of the governing body.
3: A local board does not have separate legal standing from the Auckland Council and therefore, without limitation, may not—
a: acquire, hold, or dispose of property; or
b: enter into contracts; or
c: appoint, suspend, or remove employees; or
d: commence, or be a party to, or be heard in legal proceedings.
4: 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 Section 12(3) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 12(4) inserted 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
13: Functions, duties, and powers of local boards
1: A local board has the functions, duties, and powers conferred on a local board by or under this Act or any other enactment.
2: Without limiting subsection (1), a local board—
a: must exercise the responsibilities conferred on it by section 16(1)
b: must monitor and report on the implementation of the local board agreement for its local board area (in accordance with section 23
c: must communicate with community organisations and special interest groups within its local board area; and
d: must undertake any responsibilities or duties that are delegated to it by the governing body under section 31 or Auckland Transport under section 54
e: may consider and report on any matter of interest or concern to the local board, whether or not the matter is referred to it by the governing body; and
f: may exercise any powers that are delegated to it by the governing body under section 31 or Auckland Transport under section 54 Section 13(2)(d) amended 1 November 2010 section 14(1) Local Government (Auckland Council) Amendment Act 2010 Section 13(2)(f) amended 1 November 2010 section 14(2) Local Government (Auckland Council) Amendment Act 2010
13A: Local boards may be subject of reorganisation proposal
Section 13A repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Decision making
14: General scheme
1: This section sets out the general scheme of sections 14 to 21
2: Both
3: Section 15 Section 16 section 17 LTP
4: 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 section 21 Section 14(2) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 14(3) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
15: Decision-making responsibilities of governing body
1: The governing body is responsible and democratically accountable for—
a: the decision making of the Auckland Council in relation to any regulatory responsibility, duty, or power conferred on, or applying to, the Council under this Act or any other enactment (for example, the responsibilities, duties, or powers conferred on, or applying to, a local authority under the Resource Management Act 1991 Health Act 1956 Building Act 2004 Civil Defence Emergency Management Act 2002
b: the decision making of the Auckland Council in relation to—
i: transport networks and infrastructure; and
ii: any non-regulatory activities of the Auckland Council that are allocated to the governing body in accordance with section 17
c: the decision making of the Auckland Council in relation to the establishment and maintenance of capacity to provide, or ensure the provision of, services and facilities (including local activities) by the Auckland Council; and
ca: the decision making of the Auckland Council in relation to the governance of its council-controlled organisations; and
cb:
d: the decision making of the Auckland Council in relation to compliance with section 101
e: the agreement reached with each local board (as set out in each local board agreement) in respect of local activities for the local board areas.
2: Before making a decision described in subsection (1)(a) to (d), the governing body must—
a: comply with any requirements of this Act; and
b: comply with any requirements of the Local Government Act 2002
c: consider any views and preferences expressed by a local board, if the decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area. Section 15(1)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 15(1)(b) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 15(1)(ca) inserted 1 November 2010 section 16 Local Government (Auckland Council) Amendment Act 2010 Section 15(1)(cb) repealed 13 June 2013 section 72 Land Transport Management Amendment Act 2013
16: Decision-making responsibilities of local boards
1: Each local board is responsible and democratically accountable for—
a: the decision making of the Auckland Council in relation to the non-regulatory activities of the Auckland Council that are allocated to the local board in accordance with section 17
b: identifying and communicating the interests and preferences of the people in its local board area in relation to the content of the strategies, policies, plans, and bylaws of the Auckland Council; and
c: identifying and developing bylaws specifically for its local board area, and proposing them to the governing body under section 24
d: the agreement reached with the governing body (as set out in the local board agreement) in respect of local activities for its local board area.
2: In carrying out the responsibilities described in this section, a local board must comply with the requirements of sections 76 to 82
3: 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. Section 16(3) added 1 November 2010 section 17 Local Government (Auckland Council) Amendment Act 2010
17: Principles for allocation of decision-making responsibilities of Auckland Council
1: Decision-making responsibility for any non-regulatory activity of the Auckland Council must be allocated by the governing body—
a: to either the governing body or the local boards; and
b: in accordance with the principles set out in subsection (2); and
c: after considering the views and preferences expressed by each local board.
2: The principles are—
a: decision-making responsibility for a non-regulatory activity of the Auckland Council should be exercised by its local boards unless paragraph (b) applies:
b: decision-making responsibility for a non-regulatory activity of the Auckland Council should be exercised by its governing body if the nature of the activity is such that decision making on an Auckland-wide basis will better promote the well-being of the communities across Auckland because—
i: the impact of the decision will extend beyond a single local board area; or
ii: effective decision making will require alignment or integration with other decisions that are the responsibility of the governing body; or
iii: the benefits of a consistent or co-ordinated approach across Auckland will outweigh the benefits of reflecting the diverse needs and preferences of the communities within each local board area. Identification of local activities and allocation of funding Heading inserted 1 November 2010 section 18 Local Government (Auckland Council) Amendment Act 2010
18: Local activities must be identified in
LTP Section 18 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
19: Local boards funding policy
1: 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
2: The local boards funding policy must set—
a: the formula by which the total funds allocated by the Council for meeting the cost of funding local activities are to be allocated to each local board; and
b: the formula by which the total funds allocated by the Council for meeting the cost of funding the administrative support to local boards are to be allocated to each local board.
3: 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.
4: 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:
a: the level of dependence on local government services and facilities in each local board area (as informed by the socio-economic, population, age profile, and other demographic characteristics of each local board area); and
b: the costs of achieving and maintaining the identified levels of service provision for local activities in each local board area; and
c: the rates revenue and any other revenue derived from each local board area in relation to local activities; and
d: any other factor identified by the Auckland Council as significantly affecting the nature and level of services needed in each local board area (for example, the geographic isolation of a particular local board area).
5: 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:
a: the number of elected members on each local board; and
b: the size of each local board area; and
c: any other factor identified by the Auckland Council as significantly affecting the operational costs of each local board; and
d: the funding amount allocated to each local board under subsection (4).
6: For the purposes of adopting a funding policy under subsection (1), section 102
6A: If the Auckland Council amends its local board's funding policy under section 93(4) sections 93D(4) 94(1)
7: The Auckland Council must adopt its first policy under this section no later than the date that the LTP Section 19(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 19(6) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 19(6A) inserted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 19(6A) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 19(7) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
19A: Estimated local board funding allocation must be included in
LTP Section 19A repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Local board plans and agreements
20: Local board plans
1: Each local board must adopt a local board plan—
a: no later than 31 October
b: using the special consultative procedure.
2: The purpose of a local board plan is—
a: to reflect the priorities and preferences of the communities within the local board area in respect of the level and nature of local activities to be provided by the Auckland Council over the next 3 years; and
b: to identify and describe the interests and preferences of the people within the local board area for the purposes of enabling the local board to communicate those interests and preferences for the purposes of section 16(1)(b)
c: to provide a basis for developing the local board agreement for each of the next 3 years; and
d: to inform the development of the next LTP
e: to provide a basis for accountability of the local board to the communities in the local board area; and
f: to provide an opportunity for people to participate in decision-making processes on the nature and level of local activities to be provided by the Council within the local board area.
3: A local board plan must include—
a: a statement of the default levels of service for local activities; and
b: an explanation of each variation from the default levels of services proposed for the local board area, if any; and
c: an estimate of the additional cost or the saving associated with each variation, if any; and
d: an indicative local board budget, incorporating the estimates referred to in paragraph (c), that either—
i: does not exceed the estimated funding allocation referred to in subsection (4)(b)(iii); or
ii: exceeds the estimated funding allocation referred to in subsection (4)(b)(iii), but identifies how the expenses in excess of that allocation are proposed to be met from 1 or more local revenue sources.
4: For the purposes of adopting a plan under subsection (1), section 83
a: the local board were a local authority and the local board area were the district of the local authority; and
b: the statement of proposal referred to in subsection (1)(a) of that section required the inclusion of—
i: the information that is required by clauses 4 5
A: in relation to local activities; and
B: for the following year; and
ii: a description of any variation from the default
iii: the estimated funding allocation for the local board for the following year included in the LTP section 19A
iv: the draft local board plan.
5: In this section,— default levels of service
a: funded in each local board funding allocation; and
b: specified in the LTP (in accordance with clause 4 of Schedule 10 following year
6: In subsection (3)(d)(ii), local revenue source
a: a targeted rate for all or part of the local board area; and
b: a fee or charge relating to a local activity; and
c: any other revenue connected with a local activity. Section 20(1)(a) amended 1 November 2010 section 21(1) Local Government (Auckland Council) Amendment Act 2010 Section 20(2)(d) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 20(3) substituted 1 November 2010 section 21(2) Local Government (Auckland Council) Amendment Act 2010 Section 20(4)(b)(i) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 20(4)(b)(ii) amended 1 November 2010 section 21(3) Local Government (Auckland Council) Amendment Act 2010 Section 20(4)(b)(iii) substituted 1 November 2010 section 21(4) Local Government (Auckland Council) Amendment Act 2010 Section 20(4)(b)(iii) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 20(5) default levels of service substituted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 20(5) standard levels of service repealed 1 November 2010 section 21(5) Local Government (Auckland Council) Amendment Act 2010 Section 20(6) added 1 November 2010 section 21(6) Local Government (Auckland Council) Amendment Act 2010
21: Local board agreements
1: 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.
2: 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: the local activities to be provided in the local board area:
b: the responsibilities, duties, or powers delegated to the local board by the governing body under clause 36C
c: the implementation or enforcement of bylaws made by the Council as a result of a proposal from the local board.
3: 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: the local board determines that the priorities and preferences in the plan no longer reflect the priorities and preferences of the communities in the local board area; or
b: the governing body determines that the indicative budget in the plan is, or has become, significantly inaccurate; or
c: consistency with the plan would be contrary to any enactment.
4: A local board agreement must not be inconsistent with the adopted strategies, plans, policies, and objectives of the governing body.
5: 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—
a: a statement of the intended levels of service provision that specifies—
i: any performance measures specified in a rule made under section 261B clause 2(2)
ii: the performance measures that the Auckland Council considers will enable the public to assess the level of service for major aspects of an activity for which performance measures have not been specified under subparagraph (i)
iii: the performance target or targets set by the Auckland Council for each performance measure; and
iv: any intended changes to the level of service that was provided in the year before the year to which the agreement relates and the reasons for the change; and
b: a funding impact statement in the form prescribed under the Local Government Act 2002 for inclusion in an annual plan under clause 20(2)
c: a statement of how any expenses in excess of the local board's estimated funding allocation under section 19A Section 21 substituted 1 November 2010 section 22 Local Government (Auckland Council) Amendment Act 2010 Section 21(2)(b) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 21(5) substituted 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 21(5)(a)(ii) amended 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
22: Local board agreements
must LTP
1: 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)
2: 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)
3:
4: Section 22 heading amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 22 heading amended 1 November 2010 section 23(1) Local Government (Auckland Council) Amendment Act 2010 Section 22(1) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 22(2) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 22(3) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 22(4) repealed 1 November 2010 section 23(2) Local Government (Auckland Council) Amendment Act 2010
23: Monitoring and reporting
1: Each local board must monitor the implementation of the local board agreement for its local board area.
2:
3: Section 23(2) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 23(3) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Bylaws Heading repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
24: Local board may propose bylaw
Section 24 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
25: Local board must consult on proposed bylaw
Section 25 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
26: Local board may propose amendment to bylaw
Section 26 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
27: Local board may propose revocation of bylaw
Section 27 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
28: Joint bylaw proposals
Section 28 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Miscellaneous matters relating to local boards and their members Heading amended 1 November 2010 section 26 Local Government (Auckland Council) Amendment Act 2010
29: Application of Schedule 7 of Local Government Act 2002 to local boards
and their members
1: Part 1A
2: Part 1 clauses 15 32AA to 36A Section 29 heading amended 1 November 2010 section 27(1) Local Government (Auckland Council) Amendment Act 2010 Section 29(1) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 29(2) replaced 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
30: Code of conduct
Section 30 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
31: Delegations to local boards from governing body
Section 31 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
31A: Delegations by local boards
Section 31A repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
32: Chief executive responsible for certain matters in relation to local boards
Section 32 repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
32A: Powers of Minister in relation to local board
Section 32A repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
32B: Application of certain Acts to local boards
Section 32B repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014
3: Transitional arrangements
Part 3 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
1: Local Government Commission
Subpart 1 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
33: Local Government Commission to determine boundaries of Auckland
Section 33 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
34: Local Government Commission to determine local board areas and wards
Section 34 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
35: Order in Council to give effect to determinations
Section 35 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
35A: Local Government (Auckland Wards and Local Boards) Determination 2010 amended
Section 35A repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
2: Consequential amendments
Subpart 2 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
36: Amendment to Local Government Act 2002
Section 36 repealed 5 December 2012 section 43 Local Government Act 2002 Amendment Act 2012
4: Transport management for Auckland
Part 4 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
37: Interpretation
1: In this Part Auckland transport system
a: means—
i: the roads (as defined in section 315
ii: the public transport services (as defined in section 5(1)
iii: the public transport infrastructure owned by the Council; and
iv: the public transport infrastructure owned by or under the control of Auckland Transport; but
b: does not include—
i: State highways:
ii: railways under the control of New Zealand Railways Corporation:
iii: off-street parking facilities under the control of the Council:
iv: airfields director Director of Land Transport section 104A New Zealand Railways Corporation section 4 New Zealand Transport Agency section 93
2: In this Part, unless the context requires another meaning, land transport regional land transport plan State highway section 5(1) Section 37 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 37(1) Auckland transport system amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 37(1) Director of Land Transport inserted 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 37(2) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Auckland Transport Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
38: Establishment of Auckland Transport
1: This section establishes Auckland Transport.
2: Auckland Transport is—
a: a body corporate with perpetual succession; and
b: a council-controlled organisation of the Auckland Council.
3: For the purposes of the Local Government Act 2002 Section 38 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
39: Purpose 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 Section 39 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 39 amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013
40: Operating principles
In meeting its principal objective (as a council-controlled organisation) under section 59
a: establish and maintain processes for Māori to contribute to its decision-making processes; and
b: operate in a financially responsible manner and, for this purpose, prudently manage its assets and liabilities and endeavour to ensure—
i: its long-term financial viability; and
ii: that it acts as a successful going concern; and
c: use its revenue efficiently and effectively, and in a manner that seeks value for money; and
d: ensure that its revenue and expenditure are accounted for in a transparent manner; and
e: ensure that it acts in a transparent manner in making decisions under this Act and the Land Transport Management Act 2003 Section 40 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
41: Status and powers of Auckland Transport
1: For the purpose of performing its functions, Auckland Transport has—
a: full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a), full rights, powers, and privileges.
2: Subsection (1) is subject to the rest of this Act. Section 41 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
42: Auckland Transport's status as council-controlled organisation and application of Part 5 of Local Government Act 2002
1: For the purposes of section 38(2)(b) Part 5
2: Section 60
c: the provisions of Part 4
d: any rules made by the Auckland Council under section 49
3: Section 74
1A: Part 7 Schedule 2 Section 42 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Governing body of Auckland Transport Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
43: Governing body of Auckland Transport
1: The governing body of Auckland Transport is the board of directors.
2: The board of directors comprises—
a: no fewer than 6 and no more than 8 voting directors, of whom 2 may be members of the governing body of the Auckland Council; and
b: 1 non-voting director nominated by the New Zealand Transport Agency (who may be a person who is the holder of an identified office or position within the New Zealand Transport Agency).
3: 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.
4: 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.
5: The powers and functions of Auckland Transport are not affected by any vacancy in the membership of the board of directors. Section 43 substituted 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
44: Duties of directors
1: A director must not breach this Act or cause a breach, or agree to any breach by Auckland Transport, of this Act.
2: A director must, when acting as a director, act with honesty and integrity.
3: 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.
4: 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)—
a: the nature of Auckland Transport; and
b: the nature of the action; and
c: the position of the director and the nature of the responsibilities undertaken by him or her. Section 44 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Functions, powers, etc, of Auckland Transport Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
45: Functions of Auckland Transport
The functions of Auckland Transport are to—
a: prepare the regional land transport plan Land Transport Management Act 2003
b: manage and control the Auckland transport system in accordance with this Act, including by—
i: performing the statutory functions and exercising the statutory powers set out in section 46
ii: acting as a requiring authority under section 167 section 47
c: carry out research and provide education and training in relation to land transport in Auckland; and
d: undertake any other transport functions that the Auckland Council may lawfully direct it to perform or delegate to it (for example, management of off-street parking facilities owned by the Council); and
e: without limiting paragraph (d), undertake any transport functions expressly conferred on the Auckland Council by any enactment (for example, under a local Act) that the Council may lawfully direct it to perform or delegate to it; and
f: undertake or exercise any functions, powers, and duties in respect of State highways that the New Zealand Transport Agency or the Director of Land Transport
g: undertake any other functions that are given to it by this Act or any other enactment, or that are incidental and related to, or consequential upon, any of its functions under this Act or any other enactment. Section 45 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 45(a) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 45(b)(ii) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 45(f) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020
46: Functions and powers of Auckland Transport acting as local authority or other statutory body
1: Auckland Transport has the following functions and powers in relation to the Auckland transport system:
a: the functions and powers of a local authority and an enforcement authority under the Land Transport Act 1998
b:
c: the functions and powers of a council under Part 21
i: the power to name or alter the name of a road under section 319(j)
ii: the functions and powers under sections 316(2) 319A 319B 347 to 352
d: the powers of a council under section 591
e: the functions and powers of a local authority, a territorial authority, and a controlling authority under Part 4
f: the functions and powers of an enforcement authority under the Land Transport Act 1998
i: the use of special vehicle lanes within Auckland:
ii: a failure to pay a public transport service fare:
g: the functions and powers of a road controlling authority and a local authority under the Land Transport Act 1998
h: the functions and powers of a local authority to make and enforce bylaws under subparts 1 2 section 147
i: the functions and powers of a public road controlling authority under Part 2
j: the functions and powers of a regional council under Part 5
2: For the purposes of subsection (1), the enactments referred to in that subsection apply with any necessary modifications.
3: For the purposes of subsection (1)(f)(i) Land Transport Act 1998
a: section 177
b: each person must be treated as an enforcement officer within the meaning of section 5(1)
4: Nothing in this section vests ownership of any road, land, or other property in Auckland Transport or affects the operation of section 316(1)
5: Subsection (1)(c) is subject to section 48 Section 46 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 46(1)(a) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011 Section 46(1)(b) repealed 26 March 2015 section 4(1) Local Government (Auckland Council) Amendment Act 2015 Section 46(1)(d) amended 26 March 2015 section 4(2) Local Government (Auckland Council) Amendment Act 2015 Section 46(1)(f) replaced 26 March 2015 section 4(3) Local Government (Auckland Council) Amendment Act 2015 Section 46(1)(i) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 46(1)(j) amended 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 46(3) amended 26 March 2015 section 4(4) Local Government (Auckland Council) Amendment Act 2015 Section 46(3) amended 10 May 2011 section 100(3) Land Transport (Road Safety and Other Matters) Amendment Act 2011
47: Auckland Transport is requiring authority
1: Auckland Transport is deemed to be approved as a requiring authority, as a network utility operator, under section 167
a: constructing or operating or proposing to construct or operate roads in relation to the Auckland transport system; and
b: the carrying out of an activity or a proposed activity (other than an activity described in paragraph (a)) in relation to the Auckland transport system for which it or the Auckland Council has financial responsibility.
2: For the purposes of subsection (1), Part 8
a: with any necessary modifications (and despite the fact that an activity described in subsection (1)(b) is not a network utility operation within the meaning of section 166
b: subject to subsection (3) and section 48(3)
3: If section 180(1)
a: a Minister of the Crown; or
b: the New Zealand Transport Agency; or
c: the New Zealand Railways Corporation; or
d: the Auckland Council.
4: The New Zealand Transport Agency and the New Zealand Railways Corporation are prohibited from further transferring any designation that they receive under subsection (3).
5: In subsection (2), activity section 5(1)
6: This section is subject to section 48 Section 47 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 47(1) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 47(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 47(2)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 47(3) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
48: Limitations on Auckland Transport acting under section 46(1)(c) or 47
1: Subsection (2) applies if Auckland Transport, acting under section 46(1)(c) section 345
2: 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
3: Subsection (4) applies if—
a: Auckland Transport, acting under section 47 section 186
b: by operation of sections 185(5) 186
4: 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.
5: Subsection (4) prevails over sections 185 186(2) Section 48 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 48(3)(a) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 48(3)(b) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Section 48(5) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 Auckland Council's role in transport matters Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
49: Council may make operating rules for Auckland Transport
1: The Auckland Council may make rules by which Auckland Transport must operate, including rules in relation to—
a: how the governing body of Auckland Transport must operate:
b: how Auckland Transport must appoint and employ staff (including its chief executive):
c: how Auckland Transport must acquire and dispose of significant assets.
2: A rule made under this section must not be inconsistent with the rest of this Act or Part 5
3: Section 6(3)(d)
4: Subsections (2) and (3) are for the avoidance of doubt. Section 49 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
50: Council prohibited from performing functions and exercising powers conferred on Auckland Transport under sections 46 and 47
1: The Auckland Council must not perform any function or exercise any power that this Act has conferred upon Auckland Transport under section 46
2: 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)
3: 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
4: Subsection (3) applies unless Auckland Transport transfers the designation concerned to the Council under section 47(3)
5: 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) Resource Management Act 1991
6: 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. Section 50 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 50(5) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
51: Council's powers under Public Works Act 1981 fettered for works relating to Auckland transport system
1: The Auckland Council must exercise its powers as a local authority under the Public Works Act 1981 section 48(2) or (4)
2: In any other case, the Auckland Council may exercise its powers as a local authority under the Public Works Act 1981 Section 51 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
52: Council's jurisdiction in respect of roads defined more widely than in Local Government Act 1974
1: Nothing in this Part limits or affects the Auckland Council's jurisdiction in respect of roads within the meaning of section 2(1) section 315
2: This section is for the avoidance of doubt. Section 52 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Miscellaneous provisions relating to Auckland Transport Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
53: Validity of directors' acts
The acts of a person as a director, chairperson, or deputy chairperson of Auckland Transport are valid even though—
a: a defect existed in the appointment of the person; or
b: the occasion for the person's acts, or for his or her appointment, had not arisen or had ended. Section 53 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
54: Delegations
1: 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—
a: the power to approve or adopt any policy or programme that it is required to consult on using the special consultative procedure; and
ab: the power to approve or adopt a regional land transport plan or a regional public transport plan under the Land Transport Management Act 2003
b: the power to make a bylaw under any enactment referred to in section 46(1)
c: the power to borrow money or purchase or dispose of any assets of Auckland Transport; and
d: any duty to appoint a chief executive officer.
2: This section applies subject to any provision to the contrary in this or any other enactment.
3: 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).
4: 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.
5: 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.
6: 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.
7: 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.
8: A delegation to the Auckland Council may be made generally or specifically to the governing body or 1 or more local boards.
9: The delegation powers in this clause are in addition to any power of delegation Auckland Transport has under any other enactment. Section 54 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 54(1)(a) replaced 13 June 2013 section 72 Land Transport Management Amendment Act 2013 Section 54(1)(ab) inserted 13 June 2013 section 72 Land Transport Management Amendment Act 2013
55: Restriction on borrowing
Auckland Transport must not borrow any funds without the written agreement of the Auckland Council. Section 55 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
56: Auckland Transport's jurisdiction in respect of roads defined more widely than in Local Government Act 1974
1: Nothing in this Part confers jurisdiction on Auckland Transport in respect of roads within the meaning of section 2(1) section 315
2: This section is for the avoidance of doubt. Section 56 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
5: Water supply and wastewater services for Auckland
Part 5 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
57: Obligations of Auckland water organisation
1: An Auckland water organisation—
a: must manage its operations efficiently with a view to keeping the overall costs of water supply and waste-water services to its customers (collectively) at the minimum levels consistent with the effective conduct of its undertakings and the maintenance of the long-term integrity of its assets; and
b: must not pay any dividend or distribute any surplus in any way, directly or indirectly, to any owner or shareholder; and
c: is not required to comply with section 68(b)
d: must have regard for public safety (for example, the safety of children in urban areas) in relation to its structures.
2: However, subsection (1)(b) does not prevent an Auckland water organisation from making a taxable bonus issue (as defined in section YA 1
3: An Auckland water organisation does not breach its obligation under subsection (1)(a) merely by—
a: giving an infrastructure endorsement under section 20
b: accepting a transfer of eligible infrastructure under section 90
c: contributing funding to the construction of eligible infrastructure that has been, or is intended to be, transferred to that organisation under that section. Section 57 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 57(3) inserted 7 August 2020 section 161 Infrastructure Funding and Financing Act 2020
58: Auckland water organisation must give effect to
LTP
1: An Auckland water organisation must give effect to the relevant aspects of the LTP
2: 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.
3: However, nothing in this section or section 92 section 57 Section 58 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 58 heading amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 58(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
59: Auckland water organisation may occupy certain Crown land without charge
1: 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.
2: Nothing in subsection (1) affects any obligation an Auckland water organisation may have to comply with the Resource Management Act 1991
3: In this section, existing wastewater asset Section 59 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 59(2) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
60: Status of Auckland water organisation under Public Works Act 1981
For the purposes of the Public Works Act 1981
a: an Auckland water organisation that is not a local authority is to be treated as if it were a local authority; and
b: a work authorised under this Part and undertaken by an Auckland water organisation that is not a local authority is to be treated as if it were a local work. Section 60 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Auckland water organisation may propose bylaws Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
61: Auckland water organisation may propose bylaw
1: 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.
2: 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:
a: the proposed bylaw is a bylaw relating to the management or supply of water supply or wastewater services; and
b: the specified enactment under which the proposed bylaw is to be made authorises the making of the bylaw; and
c: the proposed bylaw complies with the applicable statutory requirements of that enactment and any other relevant enactment; and
d: the proposed bylaw is not inconsistent with any strategy, policy, plan, or bylaw of the Council; and
e: the proposed bylaw can be implemented and enforced in a cost-effective manner.
3: If the governing body of the Auckland Council decides that a proposed bylaw—
a: meets the requirements of subsection (2), it must give written notice of its decision to the organisation:
b: does not meet the requirements of subsection (2), it must give written notice of its decision (with reasons) to the organisation. Section 61 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
62: Auckland water organisation must consult on proposed bylaw
1: This section applies if an Auckland water organisation has received notice under section 61(3)(a)
2: The organisation must confirm the proposed bylaw using the special consultative procedure and, for that purpose, section 156(1)
3: 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.
4: 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,—
a: if satisfied that the proposed bylaw meets the requirements of section 61(2)
b: if not satisfied that the proposed bylaw meets the requirements of section 61(2)
5: Where the Auckland Council adopts under subsection (3) or (4)(a) a bylaw that is made under the Local Government Act 2002 sections 86 155 156 Section 62 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Powers of Auckland water organisation Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
63: Powers of Auckland water organisation under Local Government Act 1974
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
a: section 451
b: section 459
c: section 460
d: section 461
e: section 462
f: section 467
g: section 468 Section 63 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
64: Powers of Auckland water organisation under Local Government Act 2002
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
a: section 171
b: section 172
c: section 173
d: section 181
e: section 182
f: section 186 Section 64 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
65: Construction of works on roads and public land by Auckland water organisation
1: For the purposes of providing water supply or wastewater services in Auckland, an Auckland water organisation may—
a: construct, place, and maintain water supply and wastewater infrastructure in, on, along, over, across, or under any road or public land; and
b: for the purposes of any work carried out under paragraph (a), open or break up any road or public land; and
c: alter, repair, or remove that infrastructure or any part of that infrastructure.
2: 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. Section 65 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
66: Notice requirement
1: Except as provided in section 69
2: Every notice must specify the location of the proposed work, the nature of the work to be carried out, and the reasons for it. Section 66 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
67: Auckland water organisation to be notified of conditions
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) Section 67 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
68: Failure to notify conditions
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) section 67 Section 68 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
69: Urgency
If work is urgent and necessary because of any defective equipment or other emergency, an Auckland water organisation—
a: is excused from giving notice under section 66(1)
b: must give the information required by section 66(2) Section 69 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
70: Appeals by Auckland water organisation to District Court
1: An Auckland water organisation may appeal to the District Court section 65(2)
2: 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.
3: In its determination of any appeal, the District Court
4: The decision of the District Court Section 70 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 70(1) amended 1 March 2017 section 261 District Court Act 2016 Section 70(3) amended 1 March 2017 section 261 District Court Act 2016 Section 70(4) amended 1 March 2017 section 261 District Court Act 2016
71: Council to appoint enforcement officers
1: The Council must appoint persons to be enforcement officers under section 177
2: 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. Section 71 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Nuisances created by Auckland water organisation Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
72: Abatement of nuisances created by Auckland water organisation
1: Where any nuisance within the meaning of section 29
a: require the organisation to abate the nuisance; and
b: specify the works to be done by the organisation in order to abate the nuisance and the time within which they must be done.
2: 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.
3: 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.
4: 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
5: 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. Section 72 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Rating of land and assets owned by Auckland water organisation Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
73: Rating of land and assets owned by Auckland water organisation
1: 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.
2: The total amount of any rates assessed under section 13 16
3: For the purposes of the Local Government (Rating) Act 2002 Section 73 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Offences and liability for damage Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
74: Offence not to comply with any of sections 65, 66, and 69
1: An Auckland water organisation that fails to comply with any of sections 65 66 69
2: An Auckland water organisation that commits an offence against subsection (1) is liable on
3: In addition to any penalty imposed under subsection (2), a court may make any order relating to compensation that it thinks fit. Section 74 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 74(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
75: Offences relating to carrying out work on water supply or wastewater assets of Auckland water organisation without notice
1: Every person commits an offence and is liable on
a: notifying the organisation of the intention to carry out the work; and
b: obtaining written authorisation from the organisation (which may include terms or conditions that the organisation thinks fit).
2: It is not an offence under subsection (1) if the work concerned—
a: is authorised by a valid consent granted by or under—
i: the Building Act 2004
ii: the Resource Management Act 1991
b: is carried out in accordance with a valid building, plumbing, or drainage consent.
3: It is a defence to an offence under subsection (1) if the work concerned—
a: was necessary to avoid an emergency, or to mitigate or remedy the effects of an emergency; and
b: was carried out by a person appropriately registered to undertake the work.
4: 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. Section 75 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 75(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 75(2)(a)(ii) amended 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
76: Offences relating to damage to water supply or wastewater assets of Auckland water organisation
1: 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:
a: a protective work; or
b: a water supply or wastewater work; or
c: a water race; or
d: a drainage work; or
e: anything forming part of, or connected with, any water supply or wastewater work or property not referred to in paragraphs (a) to (d).
2: Every person commits an offence who wilfully destroys, damages, stops, obstructs, or interferes with a work or property and is liable on conviction
3: Every person commits an offence who negligently destroys, damages, stops, obstructs, or interferes with a work or property and is liable on Section 76 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 76(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 76(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
77: Liability for damage by wilful or negligent behaviour towards water supply or wastewater work
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,—
a: the amount of the destruction or damage; or
b: the cost incurred by the organisation in removing the stoppage or obstruction; or
c: any loss or expenses incurred by the organisation because of the stoppage, obstruction, or interference. Section 77 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Council must consult other Auckland water organisations when assessing water and other sanitary services Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
78: Council must consult other Auckland water organisations when assessing water and other sanitary services
1: Subsection (2) applies to the Council when carrying out its duty under section 125
2: The Council Section 78 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 78(2) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
6: Spatial planning for Auckland
Part 6 inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
79: Spatial plan for Auckland
1: The Auckland Council must prepare and adopt a spatial plan for Auckland.
2: 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.
3: For the purposes of subsection (2)
a: set a strategic direction for Auckland and its communities that integrates social, economic, environmental, and cultural objectives; and
b: outline a high-level development strategy that will achieve that direction and those objectives; and
c: enable coherent and co-ordinated decision making by the Auckland Council (as the spatial planning agency) and other parties to determine the future location and timing of critical infrastructure, services, and investment within Auckland in accordance with the strategy; and
d: provide a basis for aligning the implementation plans, regulatory plans, and funding programmes of the Auckland Council.
4: The spatial plan must—
a: recognise and describe Auckland's role in New Zealand; and
b: visually illustrate how Auckland may develop in the future, including how growth may be sequenced and how infrastructure may be provided; and
c: provide an evidential base to support decision making for Auckland, including evidence of trends, opportunities, and constraints within Auckland; and
d: identify the existing and future location and mix of—
i: residential, business, rural production, and industrial activities within specific geographic areas within Auckland; and
ii: critical infrastructure, services, and investment within Auckland (including, for example, services relating to cultural and social infrastructure, transport, open space, water supply, wastewater and stormwater, and services managed by network utility operators); and
e: identify nationally and regionally significant—
i: recreational areas and open-space areas within Auckland; and
ii: ecological areas within Auckland that should be protected from development; and
iii: environmental constraints on development within Auckland (for example, flood-prone or unstable land); and
iv: landscapes, areas of historic heritage value, and natural features within Auckland; and
f: identify policies, priorities, land allocations, and programmes and investments to implement the strategic direction and specify how resources will be provided to implement the strategic direction. Section 79 inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
80: Development, adoption, and implementation of spatial plan
1: 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.
2: The Auckland Council must adopt the spatial plan in accordance with the special consultative procedure.
3: The Auckland Council may amend the spatial plan, at any time, in accordance with subsections (1) and (2)
4: The Auckland Council must—
a: make the spatial plan (including any amendments) available for inspection during working hours, free of charge, at—
i: the office of the Auckland Council; and
ii: any other places in Auckland that the Auckland Council, at its discretion, decides are appropriate; and
b: make copies of the plan available, free of charge or for purchase at a reasonable price, from—
i: the office of the Auckland Council; and
ii: any other places in Auckland that the Auckland Council, at its discretion, decides are appropriate; and
c: make copies of the plan available, free of charge, on an Internet site maintained by or on behalf of the Auckland Council.
5: 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. Section 80 inserted 23 December 2023 section 6 Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023
6: Spatial planning for Auckland
Part 6 repealed 24 August 2023 section 75 Spatial Planning Act 2023
79: Spatial plan for Auckland
Section 79 repealed 24 August 2023 section 75 Spatial Planning Act 2023
80: Development, adoption, and implementation of spatial plan
Section 80 repealed 24 August 2023 section 75 Spatial Planning Act 2023
7: Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau
Part 7 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
81: Establishment and purpose of board
This Part establishes a board whose purpose is to assist the Auckland Council to make decisions, perform functions, and exercise powers by—
a: promoting cultural, economic, environmental, and social issues of significance for—
i: mana whenua groups; and
ii: mataawaka of Tamaki Makaurau; and
b: ensuring that the Council acts in accordance with statutory provisions referring to the Treaty of Waitangi Section 81 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
82: Board independent
1: The board is a body corporate separate from—
a: the Auckland Council; and
b: the board's members; and
c: the selection body; and
d: the mana whenua groups represented on the selection body.
2: The board is independent of—
a: the Auckland Council; and
b: the mana whenua groups represented on the selection body.
3: The board is not required to accept direction from any person.
4: 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. Section 82 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
83: Board's name
1: The board may choose to name itself.
2: If the board names itself, it may change its name at any time.
3: 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. Section 83 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
84: Board's general functions
1: The board's general functions are—
a: to act in accordance with its purpose and functions and to ensure that it does not contravene the purpose for which it was established:
b: to develop a schedule of issues of significance to mana whenua groups and mataawaka of Tamaki Makaurau, and give a priority to each issue, to guide the board in carrying out its purpose:
c: to keep the schedule up to date:
d: to advise the Auckland Council on matters affecting mana whenua groups and mataawaka of Tamaki Makaurau:
e: to work with the Auckland Council on the design and execution of documents and processes to implement the Council's statutory responsibilities towards mana whenua groups and mataawaka of Tamaki Makaurau.
2: The board and the Council must meet at least 4 times in each financial year to discuss the board's performance of its functions. Section 84 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
85: Board's specific functions
1: 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.
2: 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.
3: The board must,—
a: before making the appointments, seek the views of the Auckland Council as to the skills and experience that the Council would like the appointees to have; and
b: when making the appointments, take the views of the Auckland Council into account.
4: The board must consider a request by the Auckland Council that the board accept the delegation of a function by the Council.
5: The board must act in accordance with a delegation that it has accepted. Section 85 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
86: Board's powers
1: The board may consult any person who the board considers is likely to help the board in carrying out its purpose.
2: The board may establish the committees it considers necessary to enable it to carry out its purpose.
3: The board may seek the advice it requires to enable it to carry out its purpose.
4: The board has any other powers that it needs to carry out its purpose and that are consistent with this Part. Section 86 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
87: Auckland Council information provided to board
1: The board may not exercise its powers in section 86
a: is known to the board because the Auckland Council provided it to the board; and
b: is information that the Auckland Council would consider withholding under the Local Government Official Information and Meetings Act 1987 Privacy Act 2020
2: 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.
3: 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. Section 87 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 87(1)(b) amended 1 December 2020 section 217 Privacy Act 2020
88: Auckland Council's duties to board
1: The Auckland Council must—
a: provide the board with the information that the board needs to identify business of the Council that relates to the board's purpose:
b: consult the board on matters affecting mana whenua groups and mataawaka of Tamaki Makaurau:
c: take into account the board's advice on ensuring that the input of mana whenua groups and mataawaka of Tamaki Makaurau is reflected in the Council's strategies, policies, and plans:
d: take into account the board's advice on other matters:
e: make an agreement under clause 20
f: work with the board on the design and execution of documents and processes that relate to seeking the input of mana whenua groups and mataawaka of Tamaki Makaurau.
2: The Council's duties under this section do not relieve it of any duties it has under any other enactment to consult Māori.
3: The Council and the board must meet at least 4 times in each financial year to discuss the Council's performance of its duties. Section 88 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
89: Schedule 2 applies to board
Schedule 2 Section 89 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
8: Miscellaneous
Part 8 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Substantive council-controlled organisations Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
90: Council must have accountability policy for substantive council-controlled organisations
1: The Council must adopt (using the special consultative procedure) a policy on the accountability of its substantive council-controlled organisations.
2: The policy must—
a: include a statement of the Council's expectations in respect of each substantive council-controlled organisation's contributions to, and alignment with, the Council's objectives and priorities:
b: include a statement of the Council's expectations in respect of each substantive council-controlled organisation's contributions to, and alignment with, any relevant objectives and priorities of central government:
c: specify any reporting requirements that each substantive council-controlled organisation must undertake in addition to those required under Part 5
d: specify any planning requirements that each substantive council-controlled organisation must undertake in addition to those required under Part 5
e: identify or define any strategic assets in relation to each substantive council-controlled organisation and set out any requirements in relation to the organisation's management of those assets, including the process by which the organisation may approve major transactions in relation to them.
3: A policy under this section—
a: may be adopted by the Council as part of its LTP
b: must be included in the Council's LTP
c: may be amended only as an amendment to the LTP Section 90 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 90(3)(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 90(3)(b) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 90(3)(c) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
91: Council may impose additional accountability requirements on substantive council-controlled organisations
1: The Council may require a substantive council-controlled organisation to—
a: include in its statement of intent a narrative on how the organisation will contribute to the Council's and, where appropriate, the Government's objectives and priorities for Auckland:
b: deliver, no later than 1 month after the end of the first and third quarter of each financial year, a report on the organisation's operations during each quarter that includes the information required to be included by its statement of intent:
c: prepare and adopt a plan covering a period of at least 10 years that describes how the organisation intends to—
i: manage, maintain, and invest in its assets; and
ii: maintain or improve service levels; and
iii: respond to population growth and other changing environmental factors; and
iv: give effect to the Council's strategy, plans, and priorities:
d: comply with any specified requirements for the management of the assets of the organisation identified by the Council as strategic assets and processes for the approval of major transactions in relation to them.
2: The Council may not require Auckland Transport to prepare and adopt a plan under subsection (1)(c).
3: This section does not limit or affect the application of Part 5 Section 91 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
92: Substantive council-controlled organisations must give effect to
LTP
1: Each substantive council-controlled organisation must give effect to the relevant aspects of the LTP
2: 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. Section 92 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 92 heading amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 92(1) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
93: Councillors and local board members prohibited from appointment as directors of substantive council-controlled organisations
1: 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,—
a: a member of the governing body of the Council; or
b: a member of a local board.
2: Section 43(2)(a) Section 93 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
94: Director of substantive council-controlled organisation elected to Council or local board must resign before taking up position
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. Section 94 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
95: Council may appoint chairperson and deputy chairperson of substantive council-controlled organisation
1: The Council may appoint the chairperson and deputy chairperson of each substantive council-controlled organisation.
2: However, the Council must not appoint a member of its governing body as the chairperson or deputy chairperson of Auckland Transport.
3: This section prevails over any provision to the contrary in an organisation's constitution. Section 95 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Council-controlled organisations must hold specified meetings in public Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
96: Council-controlled organisations must hold specified meetings in public
1: 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.
2: For the purpose of subsection (1),—
a: 1 meeting must be held before 30 June each year for the purpose of considering comments from shareholders on the organisation's draft statement of intent for the following financial year; and
b: the other meeting must be held after 1 July each year for the purpose of considering the organisation's performance under its statement of intent in the previous financial year.
3: The statement of intent must also specify how the meetings will be publicly notified (for example, by notice in 1 or more newspapers).
4: 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.
5: 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. Section 96 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
96A: Timing of public meeting for shareholder feedback on 2023/2024 statement of intent
2023-10-01 Local Government (Auckland Council) Act 2009 see s 96A(2) Section 96A repealed close of 30 September 2023 Disputes between local boards and governing body Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
97: Disputes about allocation of decision-making responsibilities or proposed bylaws
1: Subsection (2) applies if—
a: 1 or more local boards are dissatisfied with a decision of the governing body under section 17(1)
b: a local board is dissatisfied with a decision of the governing body under section 24(3)(b) 27(3)(b)
2: 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—
a: the requirements of this Act; and
b: the current and future well-being of the communities of Auckland, and the interests and preferences of the communities within each affected local board area.
3: 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.
4: 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. Section 97 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
98: Local Government Commission to determine disputes
1: Promptly after receiving an application under section 97(3)
2: After receiving the information from the mayor and the chief executive, the Commission must—
a: consider the information it has received from them, and from the local board or boards concerned under section 97(4)
b: determine the matter, having regard to—
i: the requirements of this Act; and
ii: the current and future well-being of the communities of Auckland, and the interests and preferences of the communities within each affected local board area; and
iii: any other matter that the Commission considers on reasonable grounds to be relevant.
3: For the purposes of making a determination, the Commission—
a: must treat the matter as urgent; and
b: may make any inquiries that it considers appropriate; and
c: may (but is not obliged to) hold meetings with the local board or boards, the governing body, or any other person.
4: 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.
5: Any costs apportioned to a local board under subsection (4) must be paid from the local board's budget.
6: Subsection (7) applies if—
a: the Commission is required to determine a matter that relates to the content of an adopted LTP
b: the Commission determines that the LTP
7: The Council must amend the LTP Section 98 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 98(6)(a) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 98(6)(b) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010 Section 98(7) amended 27 November 2010 section 50 Local Government Act 2002 Amendment Act 2010
99: Local Government Commission may delegate duty to determine dispute
1: The Local Government Commission may, in writing, either generally or in a specific instance, delegate its function under section 98
2: 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.
3: Subsection (2) applies subject to any direction given or condition imposed by the Commission. Section 99 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Development contributions Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
100: Development contributions for transport infrastructure
1: The Council may include in a policy under section 106
2: 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.
3: The Council may include the requirement as if—
a: the total cost of the contribution provided by the Council were the total cost of the capital expenditure; and
b: the capital expenditure were to be undertaken by the Council.
4: Subpart 5
5: This section applies despite anything to the contrary in the Local Government Act 2002 Section 100 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
101: Development contributions for assets managed by other parties
1: The powers of the Council to require development contributions under subpart 5
a: reserves:
b: network infrastructure:
c: community infrastructure.
2: This section is for the avoidance of doubt. Section 101 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Prohibition on establishment of community boards Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
102: Prohibition on establishment of community boards
Despite section 49 Section 102 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Review of representation arrangements Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
103: Review of representation arrangements under Local Electoral Act 2001
1: For the purposes of section 19H(2)
a: its first determination no earlier than after the completion of the 2013 triennial general elections but no later than 8 September 2018; and
b: subsequent determinations at least once in every period of 6 years after that first determination.
2:
3: Section 103 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Section 103(2) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Section 103(3) repealed 8 August 2014 section 77 Local Government Act 2002 Amendment Act 2014 Auditor-General to review Council's service performance Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
104: Auditor-General to review Council's service performance
1: The Auditor-General must, from time to time, review the service performance of the Council and each of its council-controlled organisations.
2: Part 4
3: The Auditor-General may charge the Council for undertaking a review under this section and, for that purpose, section 42(2) to (5)
4: Nothing in this section limits or affects the powers of the Auditor-General under the Public Audit Act 2001 Section 104 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Council employee elected to local board must resign before taking up position Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
105: Council employee elected to local board must resign before taking up position
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. Section 105 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Representation on port company board Heading added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010
106: Representation on port company board
For the purposes of section 6(1)(b) Section 106 added 1 November 2010 section 31 Local Government (Auckland Council) Amendment Act 2010 Borrowing in foreign currency Heading added 20 September 2011 section 4 Local Government (Auckland Council) Amendment Act 2011
107: Borrowing in foreign currency
Despite section 113 Section 107 added 20 September 2011 section 4 Local Government (Auckland Council) Amendment Act 2011