1: Title
This Act is the Local Government Act 2002 Amendment Act 2014.
2: Commencement
1: Sections 55 sections 199C to 199E and 199M to 199P and 74
2: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Local Government Act 2002 principal Act 2014-08-07 Local Government Act 2002 See s2(1)—Sections 55 (so far as it relates to new sections 199C to 199E and 199M to 199P 2014-08-08 Local Government Act 2002 See s2(2)—The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
4: Section 5 amended (Interpretation)
1: In section 5(1) capital value governing body
a: in the case of a regional council, means the body described in section 41(1); and
b: in the case of a territorial authority, means the body described in section 41(2) land value local board
a: a local board established by Order in Council under section 25; or
b: a local board established under section 10 of the Local Government (Auckland Council) Act 2009 local board agreement
a: an agreement referred to in section 48O
b: an agreement specified in section 21 of the Local Government (Auckland Council) Act 2009 local board area
a: an area specified by Order in Council under section 25 as a local board area; or
b: an area specified by Order in Council under section 35 of the Local Government (Auckland Council) Act 2009 as a local board area local board funding allocation
a: the unitary authority's local boards funding policy adopted under section 48M
b: the Auckland Council's local boards funding policy adopted under section 19 of the Local Government (Auckland Council) Act 2009 local board plan
a: section 48N
b: section 20 of the Local Government (Auckland Council) Act 2009 rating unit resource consent statutory obligation .
2: In section 5(1) affected affected
a: in relation to a local authority, means a local authority whose district or region is or contains an affected area:
b: in relation to a territorial authority, means a territorial authority whose district is or contains an affected area .
3: In section 5(1) community infrastructure
4: In section 5(1) member
ca: in relation to a local board, means a member appointed to that board or elected to that board under the Local Electoral Act 2001, including the chairperson: .
5: In section 5(1) publicly available document or other information
6: In section 5(1) strategic asset section 90(2) section 76AA(3)
7: Replace section 5(3)
3: If a local authority or a council-controlled organisation is required under this Act to make a document or other information publicly available, it must take reasonable steps to—
a: ensure that the document or other information or a copy of the document or other information is accessible to the general public in a manner appropriate to the purpose of the document or other information, including, where practicable, on an Internet site maintained by or on behalf of the local authority; and
b: publicise, in a manner appropriate to the purpose and significance of the document or other information, both the fact that the document or other information is available and the manner in which the document or other information may be accessed.
5: Section 7 amended (Exempted organisations)
Replace section 7(6)(b)
b: after the first review, not more than 3 years following the last review under this section.
6: New section 8A inserted (Provisions affecting application of amendments to this Act)
After section 8
8A: Provisions affecting application of amendments to this Act
The transitional, savings, and related provisions set out in Schedule 1AA
7: Section 11A amended (Core services to be considered in performing role)
Replace section 11A(e)
e: libraries, museums, reserves, and other recreational facilities and community amenities.
8: Section 14 amended (Principles relating to local authorities)
1: Replace section 14(1)(e)
e: a local authority should actively seek to collaborate and co-operate with other local authorities and bodies to improve the effectiveness and efficiency with which it achieves its identified priorities and desired outcomes; and .
2: Replace section 14(1)(g)
g: a local authority should ensure prudent stewardship and the efficient and effective use of its resources in the interests of its district or region, including by planning effectively for the future management of its assets; and .
9: Section 15 replaced (Triennial agreements)
Replace section 15
15: Triennial agreements
1: Not later than 1 March after each triennial general election of members, all local authorities within each region must enter into an agreement under this section covering the period until the next triennial general election of members.
2: An agreement under this section must include—
a: protocols for communication and co-ordination among the local authorities; and
b: a statement of the process by which the local authorities will comply with section 16 in respect of proposals for new regional council activities; and
c: processes and protocols through which all local authorities can participate in identifying, delivering, and funding facilities and services of significance to more than 1 district.
3: An agreement under this section may also include—
a: commitments by local authorities within the region to establish or continue 1 or more joint committees or other joint governance arrangements to give better effect to 1 or more of the matters referred to in subsection (2)
b: the matters to be included in the terms of reference for any such committees or arrangements, including any delegations.
4: An agreement under this section may be varied by agreement between all the local authorities within the region.
5: An agreement under this section remains in force until it is replaced by another agreement.
6: If a decision of a local authority is significantly inconsistent with, or is expected to have consequences that will be significantly inconsistent with, the agreement under this section that is currently in force within the region, the local authority must, when making the decision, clearly identify—
a: the inconsistency; and
b: the reasons for the inconsistency; and
c: any intention of the local authority to seek an amendment to the agreement under subsection (4)
7: As soon as practicable after making any decision to which subsection (6)
10: Section 16 amended (Significant new activities proposed by regional council)
1: Replace section 16(2)(b)
b: must include the proposal in the consultation document referred to in section 93A
2: In section 16(3) a draft long-term plan the consultation document referred to in section 93A
11: Section 17 replaced (Transfer of responsibilities)
Replace section 17
17: Transfer of responsibilities
1: A regional council may transfer 1 or more of its responsibilities to a territorial authority in accordance with this section.
2: A territorial authority may transfer 1 or more of its responsibilities to a regional council in accordance with this section.
3: A transfer of responsibilities under this section must be made by agreement between the local authorities concerned and may be on the terms and conditions that are agreed between them.
4: A local authority may not agree to transfer a responsibility or agree to accept a transfer of a responsibility under this section
5: A local authority must notify the Minister of its intention to transfer a responsibility or accept a transfer of responsibility under this section
6: From the time a transfer takes effect, the responsibilities and powers of the local authority receiving the transfer are extended as necessary to enable the local authority to undertake, exercise, and perform the transferred responsibilities.
7: If a transfer of responsibilities has been made, either local authority that was a party to the transfer may, through the process set out in subsections (3) to (6)
a: a variation of the terms of the transfer; or
b: the reversal of the transfer.
8: In this section, responsibility
a: a responsibility that has previously been transferred under this section; and
b: any powers associated with the responsibility, duty, or legal obligation.
9: Nothing in this section limits the ability of a local authority to—
a: delegate the exercise of any responsibility to another local authority; or
b: enter into a contractual agreement with another local authority for the performance of any activity or function. 1974 No 66 ss 37SC, 37SD .
12: New section 17A inserted (Delivery of services)
After section 17
17A: Delivery of services
1: A local authority must review the cost-effectiveness of current arrangements for meeting the needs of communities within its district or region for good-quality local infrastructure, local public services, and performance of regulatory functions.
2: Subject to subsection (3) subsection (1)
a: in conjunction with consideration of any significant change to relevant service levels; and
b: within 2 years before the expiry of any contract or other binding agreement relating to the delivery of that infrastructure, service, or regulatory function; and
c: at such other times as the local authority considers desirable, but not later than 6 years following the last review under subsection (1)
3: Despite subsection (2)(c) subsection (1)
a: to the extent that the delivery of that infrastructure, service, or regulatory function is governed by legislation, contract, or other binding agreement such that it cannot reasonably be altered within the following 2 years; or
b: if the local authority is satisfied that the potential benefits of undertaking a review in relation to that infrastructure, service, or regulatory function do not justify the costs of undertaking the review.
4: A review under subsection (1)
a: responsibility for governance, funding, and delivery is exercised by the local authority:
b: responsibility for governance and funding is exercised by the local authority, and responsibility for delivery is exercised by—
i: a council-controlled organisation of the local authority; or
ii: a council-controlled organisation in which the local authority is one of several shareholders; or
iii: another local authority; or
iv: another person or agency:
c: responsibility for governance and funding is delegated to a joint committee or other shared governance arrangement, and responsibility for delivery is exercised by an entity or a person listed in paragraph (b)(i) to (iv)
5: If responsibility for delivery of infrastructure, services, or regulatory functions is to be undertaken by a different entity from that responsible for governance, the entity that is responsible for governance must ensure that there is a contract or other binding agreement that clearly specifies—
a: the required service levels; and
b: the performance measures and targets to be used to assess compliance with the required service levels; and
c: how performance is to be assessed and reported; and
d: how the costs of delivery are to be met; and
e: how any risks are to be managed; and
f: what penalties for non-performance may be applied; and
g: how accountability is to be enforced.
6: Subsection (5) paragraphs (a) to (g)
a: governed by any provision in an enactment; or
b: specified in the constitution or statement of intent of a council-controlled organisation.
7: Subsection (5)
a: the entity responsible for delivery is a community group or a not-for-profit organisation; and
b: the arrangement does not involve significant cost or risk to any local authority.
8: The entity that is responsible for governance must ensure that any agreement under subsection (5)
9: Nothing in this section requires the entity that is responsible for governance to make publicly accessible any information that may be properly withheld if a request for that information were made under the Local Government Official Information and Meetings Act 1987.
13: Section 23 amended (Description of local government)
After section 23(4)
4A: A local board must be described as the [ name of local board area
14: Section 24 amended (Scope of local government reorganisation)
After section 24(1)(f)
g: the establishment of a local board area, including the establishment of a local board for that local board area:
h: in relation to a local board, other than a local board established under the Local Government (Auckland Council) Act 2009,—
i: the means by which the chairperson is elected; and
ii: whether the local board may include appointed members:
i: the abolition of a local board area:
j: the alteration of the boundaries of a local board area:
k: the union of 2 or more local board areas.
15: Section 27 amended (Application to be called city council or district council)
In section 27(2)(b) clause 7 clause 16
16: Section 42 amended (Chief executive)
After section 42(2)
2A: In the case of a unitary authority for a district that includes 1 or more local board areas, a chief executive appointed under subsection (1) is also responsible to the unitary authority for—
a: implementing the decisions of each local board within the district of the unitary authority; and
b: implementing each local board agreement; and
c: providing advice to each local board and its members; and
d: providing the administrative and other facilities for each local board that are necessary for the board to carry out its functions and perform its duties.
17: New subpart 1A of Part 4 inserted
After section 48
1A: Local boards
48A: Application
1: This subpart applies only to a unitary authority for a district that includes 1 or more local board areas established by Order in Council under section 25.
2: Nothing in this subpart applies to the Auckland Council established under section 6 of the Local Government (Auckland Council) Act 2009 or to any local board of that council.
48B: Interpretation
In this subpart, local activities section 48L
a: providing services; and
b: providing and operating facilities; and
c: providing funding and other support to groups and organisations.
48C: Purpose of local boards
The purpose of a local board, in relation to its local board area, is to—
a: enable democratic decision making by, and on behalf of, communities within the local board area; and
b: better enable the purpose of local government to be given effect to within the local board area.
48D: Unitary authority decision making shared between governing body and local boards
1: Despite section 41(3), if a unitary authority has 1 or more local boards, the governing body and the local board or boards are each responsible and democratically accountable for the decision-making responsibilities of the unitary authority that are allocated to them in accordance with sections 48J to 48L
2: A governance statement prepared by the unitary authority for the purposes of section 40 must include a description and an explanation of the matters referred to in subsection (1)
48E: Membership of local boards
The membership of a local board consists of—
a: members elected in accordance with the Local Electoral Act 2001; and
b: if an Order in Council under section 25 so provides, members appointed by the governing body in accordance with section 19EA(1)(c)
c: a chairperson—
i: elected by the members of the local board from among themselves using one of the systems of voting set out in clause 25(3) and (4) of Schedule 7; or
ii: if an Order in Council under section 25 so provides, directly elected to that office by the electors of the local board area in accordance with section 19EB
48F: Indemnification and liability of local board members
1: Sections 43, 46, and 47 apply to a member of a local board, with any necessary modifications, as if the member were a member of the governing body of the unitary authority.
2: However, a member of a local board can be liable under section 46 or 47 only in respect of a matter that is the responsibility of the member's local board.
48G: 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 a governing body.
3: A local board does not have separate legal standing from the unitary authority 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 unitary authority that are allocated to it in accordance with section 48K
48H: 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: must exercise the responsibilities conferred on it by section 48K(1)
b: must monitor and report on the implementation of the local board agreement for its local board area (in accordance with section 48O(6) and clause 34A of Schedule 10
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 clause 36C of Schedule 7
e: may consider and report to the governing body 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 clause 36C of Schedule 7 Decision making
48I: General scheme
1: This section sets out the general scheme of sections 48J to 48O
2: Both the governing body and the local boards are responsible and democratically accountable for the decision making of the unitary authority. Whether responsibility for making any particular decision rests with the governing body or with 1 or more local boards depends on the nature of the decision being made.
3: Section 48J Section 48K section 48L(2)
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 48N section 48O
48J: Decision-making responsibilities of governing body
1: The governing body is responsible and democratically accountable for—
a: the decision making of the unitary authority in relation to any regulatory responsibility, duty, or power conferred on, or applying to, the unitary authority 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, the Health Act 1956, the Building Act 2004, and the Civil Defence Emergency Management Act 2002); and
b: the decision making of the unitary authority in relation to—
i: transport networks and infrastructure; and
ii: any non-regulatory activities of the unitary authority that are allocated to the governing body in accordance with section 48L
c: the decision making of the unitary authority in relation to the establishment and maintenance of capacity to provide, or to ensure the provision of, services and facilities (including local activities) by the unitary authority; and
d: the decision making of the unitary authority in relation to the governance of its council-controlled organisations; and
e: the decision making of the unitary authority in relation to compliance with section 101 (which relates to the financial management of a local authority); and
f: reaching agreement 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)
a: comply with any requirement of this Act; and
b: comply with any requirements of any other enactment; and
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.
48K: Decision-making responsibilities of local boards
1: Despite section 41(3), each local board is responsible and democratically accountable for—
a: the decision making of the unitary authority in relation to the non-regulatory activities of the unitary authority that are allocated to the local board in accordance with section 48L
b: identifying and communicating to the unitary authority 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 unitary authority; and
c: identifying and developing bylaws specifically for its local board area, and proposing them to the governing body under section 150B
d: reaching agreement 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 as if every reference in those sections to a local authority were a reference to a local board.
3: In carrying out the responsibilities described in this section, a local board must collaborate and co-operate with 1 or more other local boards or any other body or entity if the local board is satisfied that the interests and preferences of communities within the local board area will be better served by doing so.
48L: Principles for allocation of decision-making responsibilities of unitary authority
1: Decision-making responsibility for any non-regulatory activity of the unitary authority within a local board area must be allocated by the governing body—
a: to either the governing body or the local board for that area; and
b: in accordance with the principles set out in subsection (2)
c: after considering the views and preferences expressed by the local board.
2: The principles are—
a: decision-making responsibility for a non-regulatory activity of the unitary authority within a local board area should be exercised by the local board for that area unless paragraph (b)
b: decision-making responsibility for a non-regulatory activity of the unitary authority within a local board area should be exercised by its governing body if the nature of the activity is such that decision making on a district-wide basis will better promote the interests of the communities in the district because—
i: the impact of the decision will extend beyond the 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 in the district will outweigh the benefits of reflecting the particular needs and preferences of the communities within the local board area.
3: The long-term plan and each annual plan must identify the non-regulatory activities of the unitary authority for which decision-making responsibility is allocated to 1 or more local boards as set out in clauses 17A and 21A of Schedule 10 Local boards funding policy
48M: Local boards funding policy
1: To provide for predictability and certainty about levels of funding for local boards, a unitary authority must adopt a local boards funding policy as part of its long-term plan.
2: The local boards funding policy must set—
a: the basis on which the total funds to be allocated to meet the cost of all local activities within the district is to be determined; and
b: the formula by which the total funds allocated by the unitary authority for meeting the cost of funding local activities are to be allocated to each local board; and
c: the formula by which the total funds allocated by the unitary authority 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)(b)
a: the level of dependence on local government services and facilities in each local board area and in other parts of the district (as informed by information available to the unitary authority by reasonable means, and relating to the socio-economic, population, age profile, and other demographic characteristics of each local board area and other part of the district); 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 unitary authority as significantly affecting the nature and level of services needed in any local board area or any other part of the district (for example, the geographic isolation of a particular local board area or part of the district).
5: The formula referred to in subsection (2)(c)
a: the number of elected members on the local board; and
b: the size of the local board area; and
c: any other factor identified by the unitary authority as significantly affecting the operational costs of the local board; and
d: the funding amount allocated to the local board under subsection (4)
6: If the unitary authority amends its local boards funding policy under section 93(4), only a significant amendment to the policy is required to be audited in accordance with sections 93D(4) Local board plans and agreements
48N: Local board plans
1: Each local board must adopt a local board plan—
a: as soon as practicable after each triennial general election; but
b: not later than 31 October in the year immediately after the year of that election.
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 unitary authority 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 purpose of enabling the local board to communicate those interests and preferences for the purposes of section 48K(1)(b)
c: to provide a basis for developing the local board agreement for the next 3 years; and
d: to inform the development of the next long-term plan, particularly in relation to the identification of the non-regulatory activities of the unitary authority for which decision-making responsibility should be allocated to the local board; and
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 unitary authority 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 saving associated with each variation, if any; and
d: an indicative local board budget, incorporating the estimates referred to in paragraph (c)
i: does not exceed the estimated funding allocation for the local board for the following year included in the long-term plan under clause 17A(c) of Schedule 10
ii: exceeds the estimated funding allocation referred to in subparagraph (i)
4: In adopting a local board plan under subsection (1)
a: the purpose of the plan; and
b: the requirements in section 82.
5: In this section,— default levels of service
a: funded in each local board funding allocation; and
b: specified in the long-term plan (in accordance with clause 4 of Schedule 10) following year
6: In subsection (3)(d)(ii) local revenue sources
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.
48O: Local board agreements
1: For each financial year, the unitary authority 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 unitary authority 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; and
b: the responsibilities, duties, or powers delegated to the local board by the governing body under clause 36C of Schedule 7
c: the implementation or enforcement of bylaws made by the unitary authority 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)
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: a statement of the intended levels of service provision that specifies—
i: any performance measures specified in a rule made under section 261B for each activity described in clause 2(2) of Schedule 10; and
ii: the performance measures that the unitary authority 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 as described in subparagraph (i)
iii: the performance target or targets set by the unitary authority 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: the funding impact statement in the form prescribed for inclusion in an annual plan under clause 20(2) of Schedule 10; and
c: a statement of how any expenses in excess of the local board's estimated funding allocation under clause 21A(b) of Schedule 10
6: Each local board must monitor the implementation of the local board agreement for its local board area.
48P: Consultation required on proposed content of local board agreement
1: A unitary authority undertaking consultation on the proposed content of a long-term plan or an annual plan under this Act must undertake consultation on the proposed content of each local board agreement to be included in that long-term plan or annual plan in accordance with sections 93A to 93G section 95(2)
2: Subsection (1)
48Q: Application of Schedule 7 to local boards and their members
1: Part 1A of Schedule 7
2: Part 1 of Schedule 7 (excluding clauses 15 and 32AA to 36A) applies to a local board and its members, with any necessary modifications, as if the local board were a local authority and its members were members of the local authority. Disputes between local boards and governing body
48R: Disputes about allocation of decision-making responsibilities or proposed bylaws
1: Subsection (2)
a: 1 or more local boards are dissatisfied with a decision of the governing body under section 48L(1)
b: a local board is dissatisfied with a decision of the governing body under section 150B(3)(b) 150E(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 the district, and the interests and preferences of the communities within each affected local board area.
3: If, after acting under subsection (2)
4: An application must be accompanied by copies of all reports, correspondence, and other information that are relevant to the matter and held by the local board or boards.
48S: Local Government Commission to determine disputes
1: Promptly after receiving an application under section 48R(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 48R(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 the district, 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 local board or boards and the governing body.
5: Any costs apportioned to a local board under subsection (4)
6: Subsection (7)
a: the Commission is required to determine a matter that relates to the content of an adopted long-term plan; and
b: the Commission determines that the long-term plan should be amended.
7: The unitary authority must amend the long-term plan to the extent necessary to give effect to the determination and may do so without further authority than this section.
18: Section 56 amended (Consultation required before council-controlled organisation established)
Replace section 56(1)
1: Before a local authority may establish or become a shareholder in a council-controlled organisation, the local authority must undertake consultation in accordance with section 82.
19: Section 61 replaced (Certain goods and services to be supplied under purchase contracts)
Replace section 61
61: Activities undertaken on behalf of local authorities
Nothing in this Part restricts or limits the application of section 17A
20: New section 76AA and cross-heading inserted
After the subpart 1 Significance and engagement policy
76AA: Significance and engagement policy
1: Every local authority must adopt a policy setting out—
a: that local authority's general approach to determining the significance of proposals and decisions in relation to issues, assets, and other matters; and
b: any criteria or procedures that are to be used by the local authority in assessing the extent to which issues, proposals, assets, decisions, or activities are significant or may have significant consequences; and
c: how the local authority will respond to community preferences about engagement on decisions relating to specific issues, assets, or other matters, including the form of consultation that may be desirable; and
d: how the local authority will engage with communities on other matters.
2: The purpose of the policy is—
a: to enable the local authority and its communities to identify the degree of significance attached to particular issues, proposals, assets, decisions, and activities; and
b: to provide clarity about how and when communities can expect to be engaged in decisions about different issues, assets, or other matters; and
c: to inform the local authority from the beginning of a decision-making process about—
i: the extent of any public engagement that is expected before a particular decision is made; and
ii: the form or type of engagement required.
3: The policy adopted under subsection (1)
4: A policy adopted under subsection (1)
5: When adopting or amending a policy under this section, the local authority must consult in accordance with section 82 unless it considers on reasonable grounds that it has sufficient information about community interests and preferences to enable the purpose of the policy to be achieved.
6: To avoid doubt, section 80 applies when a local authority deviates from this policy.
21: Section 77 amended (Requirements in relation to decisions)
Replace section 77(1)(b)
b: assess the options in terms of their advantages and disadvantages; and .
22: Section 79 amended (Compliance with procedures in relation to decisions)
In section 79(1)(a) decision as determined in accordance with the policy under section 76AA
23: Section 82 amended (Principles of consultation)
Replace section 82(1)(f)
f: that persons who present views to the local authority should have access to a clear record or description of relevant decisions made by the local authority and explanatory material relating to the decisions, which may include, for example, reports relating to the matter that were considered before the decisions were made.
24: New section 82A inserted (Information requirements for consultation required under this Act)
After section 82
82A: Information requirements for consultation required under this Act
1: This section applies if this Act requires a local authority to consult in accordance with, or using a process or a manner that gives effect to, the requirements of section 82.
2: The local authority must, for the purposes of section 82(1)(a) and (c)
a: the proposal and the reasons for the proposal; and
b: an analysis of the reasonably practicable options, including the proposal, identified under section 77(1); and
c: if a plan or policy or similar document is proposed to be adopted, a draft of the proposed plan, policy, or other document; and
d: if a plan or policy or similar document is proposed to be amended, details of the proposed changes to the plan, policy, or other document.
3: In the case of consultation on an annual plan under section 95(2) subsection (2) section 95A
4: Nothing in this section applies where the special consultative procedure under section 83 is required to be used.
5: Nothing in this section limits the application of section 82.
25: Section 83 replaced (Special consultative procedure)
Replace section 83
83: Special consultative procedure
1: Where this Act or any other enactment requires a local authority to use or adopt the special consultative procedure, that local authority must—
a: prepare and adopt—
i: a statement of proposal; and
ii: if the local authority considers on reasonable grounds that it is necessary to enable public understanding of the proposal, a summary of the information contained in the statement of proposal (which summary must comply with section 83AA
b: ensure that the following is publicly available:
i: the statement of proposal; and
ii: a description of how the local authority will provide persons interested in the proposal with an opportunity to present their views to the local authority in accordance with section 82(1)(d); and
iii: a statement of the period within which views on the proposal may be provided to the local authority (the period being not less than 1 month from the date the statement is issued); and
c: make the summary of the information contained in the statement of proposal prepared in accordance with paragraph (a)(ii)
d: provide an opportunity for persons to present their views to the local authority in a manner that enables spoken (or New Zealand sign language) interaction between the person and the local authority, or any representatives to whom an appropriate delegation has been made in accordance with Schedule 7; and
e: ensure that any person who wishes to present his or her views to the local authority or its representatives as described in paragraph (d)
i: is given a reasonable opportunity to do so; and
ii: is informed about how and when he or she may take up that opportunity.
2: For the purpose of, but without limiting, subsection (1)(d)
3: This section does not prevent a local authority from requesting or considering, before making a decision, comment or advice from an officer of the local authority or any other person in respect of the proposal or any views on the proposal, or both.
83AA: Summary of information
A summary of the information contained in a statement of proposal must—
a: be a fair representation of the major matters in the statement of proposal; and
b: be in a form determined by the local authority; and
c: indicate where the statement of proposal is available; and
d: state the period within which persons interested in the proposal may present their views to the local authority.
26: Section 84 repealed (Special consultative procedure in relation to long-term plan)
Repeal section 84
27: Section 85 repealed (Use of special consultative procedure in relation to annual plan)
Repeal section 85
28: Section 86 replaced (Use of special consultative procedure in relation to making, amending, or revoking bylaws)
Replace section 86
86: Use of special consultative procedure in relation to making, amending, or revoking bylaws
1: This section applies if, in accordance with section 156(1)(a)
2: The statement of proposal referred to in section 83(1)(a)
a: as the case may be,—
i: a draft of the bylaw as proposed to be made or amended; or
ii: a statement that the bylaw is to be revoked; and
b: the reasons for the proposal; and
c: a report on any relevant determinations by the local authority under section 155.
29: Sections 89 and 90 repealed
Repeal sections 89 90
30: Section 93 amended (Long-term plan)
1: In section 93(6)(e) ; and
2: Repeal section 93(6)(f)
31: New sections 93A to 93G inserted
After section 93
93A: Use of special consultative procedure in relation to long-term plan
1: Where the special consultative procedure is used in relation to the adoption or amendment of a long-term plan under section 93—
a: for the purpose of section 83(1)(a) sections 93B to 93G
b: section 83 applies as if references to “the statement of proposal” or “the proposal” or a “summary” were references to the consultation document.
2: To avoid doubt, a draft long-term plan must not be used as an alternative to the consultation document.
93B: Purpose of consultation document for long-term plan
The purpose of the consultation document is to provide an effective basis for public participation in local authority decision-making processes relating to the content of a long-term plan by—
a: providing a fair representation of the matters that are proposed for inclusion in the long-term plan, and presenting these in a way that—
i: explains the overall objectives of the proposals, and how rates, debt, and levels of service might be affected; and
ii: can be readily understood by interested or affected people; and
b: identifying and explaining to the people of the district or region, significant and other important issues and choices facing the local authority and district or region, and the consequences of those choices; and
c: informing discussions between the local authority and its communities about the matters in paragraphs (a) and (b)
93C: Content of consultation document for adoption of long-term plan
1: The content of the consultation document for the adoption of a long-term plan must be such as the local authority considers on reasonable grounds will achieve the purpose set out in section 93B
2: Without limiting subsection (1)
a: each issue that the local authority determines should be included having had regard to—
i: the significance and engagement policy adopted under section 76AA
ii: the importance of other matters to the district and its communities; and
b: for each issue identified under paragraph (a)
i: the principal options for addressing the issue and the implications (including financial implications) of each of those options; and
ii: the local authority's proposal, if any, for addressing the issue; and
iii: the likely consequences of proceeding with the proposal on the local authority's rates, debt, and levels of service; and
c: other matters of public interest relating to—
i: the proposed content of the local authority’s financial strategy (under section 101A) including, without limitation, the quantified limits on rates, rates increases, and borrowing in that strategy; and
ii: the proposed content of the local authority’s infrastructure strategy (under section 101B
d: any significant changes that are proposed to the way the local authority funds its operating and capital expenditure requirements, including changes to the rating system described in clause 15(3) and (4) of Schedule 10; and
e: using graphs or charts, the direction and scale of changes to the local authority’s rates and debt levels that will result from the proposed content of the long-term plan; and
f: using graphs or charts where practicable, the direction and nature of changes to the local authority’s levels of service associated with the proposed content of the long-term plan; and
g: the impact of proposals on the rates assessed on different categories of rateable land with a range of property values, by the provision of examples as provided for in clause 15(5) of Schedule 10.
3: The consultation document—
a: must be presented in as concise and simple a manner as is consistent with section 93B
b: without limiting paragraph (a)
i: a draft of the long-term plan, as proposed to be adopted; or
ii: a full draft of any policy; or
iii: a full draft of the local authority’s financial strategy or infrastructure strategy; or
iv: any detailed information, whether described in Part 1 of Schedule 10 or otherwise, that is not necessary or desirable for the purposes of subsections (1) and (2)
c: must state where members of the public may obtain information adopted by the local authority under section 93G
d: may be given the title of the local authority’s choice, provided that the title or subtitle make reference to this being a consultation document for the proposed long-term plan for the relevant years.
4: The consultation document must contain a report from the Auditor-General on—
a: whether the consultation document gives effect to the purpose set out in section 93B
b: the quality of the information and assumptions underlying the information provided in the consultation document.
5: The report under subsection (4)
93D: Content of consultation document for amendment of long-term plan
1: The content of the consultation document for the amendment of a long-term plan must be such as the local authority considers on reasonable grounds will achieve the purpose set out in section 93B
2: Without limiting subsection (1)
a: a description of the proposed amendment:
b: the reasons for the proposed amendment:
c: the implications (including financial implications) of the proposed amendment:
d: any alternatives to the proposed amendment that the local authority may wish to discuss with its communities.
3: The consultation document—
a: may have attached to it a copy of the proposed amendment to the long-term plan, if the local authority considers that the full copy of that proposed amendment will assist people to understand the amendment; but
b: in any other case, must state where a copy of the proposed amendment to the long-term plan may be obtained.
4: The consultation document must contain a report from the Auditor-General on—
a: whether the consultation document gives effect to the purpose set out in section 93B
b: the quality of the information and assumptions underlying the information provided in the consultation document.
5: The report under subsection (4)
93E: Additional content of consultation document for adoption or amendment of long-term plan where section 97 applies to proposed decision
If a consultation document under section 93C or 93D
a: the details of the proposed decision:
b: the reasons for the proposed decision:
c: an analysis of the reasonably practicable options, including the proposal, identified under section 77(1):
d: in respect of a proposal to transfer ownership or control of a strategic asset from the local authority to any other person,—
i: a description of any accountability or monitoring arrangements to be used to assess the performance of that person and any other person in regard to the asset; and
ii: an assessment of whether there are any conflicts of interest arising from the proposed transfer of the control or ownership of the asset, and, if so, what they are and how they will be managed.
93F: Form and manner of presentation of consultation document
The local authority must ensure that the contents of the consultation document are presented in a form and manner that enables the consultation document to achieve its purpose.
93G: Information to be adopted by local authority in relation to long-term plan and consultation document
Before adopting a consultation document under section 93A
a: is relied on by the content of the consultation document adopted under section 93A
b: is necessary to enable the Auditor-General to give the reports required by sections 93C(4) and 93D(4)
c: provides the basis for the preparation or amendment of the long-term plan.
32: Section 94 amended (Audit of long-term plan)
1: Replace section 94(1)(a)
a: whether the plan gives effect to the purpose set out in section 93(6); and .
2: Replace section 94(2)
2: In the case of an amended long-term plan, the report under subsection (1) must contain a report by the Auditor-General confirming or amending the report made when the long-term plan was adopted.
3: In section 94(3) For the avoidance of doubt, a A
33: Section 95 amended (Annual plan)
1: Replace section 95(2)
2: Subject to subsection (2A)
2A: Subsection (2)
2: Replace section 95(5)(c)
c: provide integrated decision making and co-ordination of the resources of the local authority; and .
3: In section 95(5)(d) ; and
4: Repeal section 95(5)(e)
5: After section 95(6)
6A: Except where subsection (5) requires otherwise, the local authority must comply with subsection (6)(b) and (c) by means of reference to, rather than duplication of, the long-term plan.
34: New sections 95A and 95B inserted
After section 95
95A: Purpose and content of consultation document for annual plan
1: The purpose of the consultation document under section 82A(3)
a: identifying significant or material differences between the proposed annual plan and the content of the long-term plan for the financial year to which the annual plan relates; and
b: explaining the matters in paragraph (a)
c: informing discussions between the local authority and its communities about the matters in paragraph (a)
2: The content of the consultation document must be such as the local authority considers on reasonable grounds will achieve the purpose set out in subsection (1)
a: explain identified differences, if any, between the proposed annual plan and what is described in the long-term plan in relation to the financial year to which the annual plan relates, including (but not limited to)—
i: an explanation of any significant or material variations or departures from the financial statements or the funding impact statement; and
ii: a description of significant new spending proposals, the costs associated with those proposals, and how these costs will be met; and
iii: an explanation of any proposal to substantially delay, or not proceed with, a significant project, and the financial and service delivery implications of the proposal; and
b: outline the expected consequences of proceeding with the matters referred to in paragraph (a)
3: The consultation document—
a: must be presented in as concise and simple a manner as is consistent with this section; and
b: without limiting paragraph (a)
i: a draft of the annual plan as proposed to be adopted; or
ii: a full draft of any policy; or
iii: any detailed information, whether described in Part 2 of Schedule 10 or otherwise, that is not necessary or desirable for the purposes of subsections (1) and (2)
c: must state where members of the public may obtain the information held by the local authority that is relied on by the content of the consultation document, including by providing links or references to the relevant information on an Internet site maintained by or on behalf of the local authority; and
d: may be given the title of the local authority’s choice, provided that the title or subtitle make reference to this being a consultation document for the proposed annual plan for the relevant year.
4: The local authority must adopt the information that is relied on by the content of the consultation document, as referred to in subsection (3)(c)
5: For the purposes of this section, a difference, variation, or departure is material if it could, itself or in conjunction with other differences, influence the decisions or assessments of those reading or responding to the consultation document.
95B: Combined or concurrent consultation on long-term plan and annual plan
If a local authority carries out consultation in relation to an amendment to a long-term plan at the same time as, or combined with, consultation on an annual plan,—
a: the content of consultation documents required under any of sections 93D, 93E, and 95A
b: the special consultative procedure must be used in relation to both matters.
35: Section 101A amended (Financial strategy)
1: Replace section 101A(2)
2: The purpose of the financial strategy is to—
a: facilitate prudent financial management by the local authority by providing a guide for the local authority to consider proposals for funding and expenditure against; and
b: provide a context for consultation on the local authority's proposals for funding and expenditure by making transparent the overall effects of those proposals on the local authority's services, rates, debt, and investments.
2: In section 101A(3) adopted under this section
36: New section 101B inserted (Infrastructure strategy)
After section 101A
101B: Infrastructure strategy
1: A local authority must, as part of its long-term plan, prepare and adopt an infrastructure strategy for a period of at least 30 consecutive financial years.
2: The purpose of the infrastructure strategy is to—
a: identify significant infrastructure issues for the local authority over the period covered by the strategy; and
b: identify the principal options for managing those issues and the implications of those options.
3: The infrastructure strategy must outline how the local authority intends to manage its infrastructure assets, taking into account the need to—
a: renew or replace existing assets; and
b: respond to growth or decline in the demand for services reliant on those assets; and
c: allow for planned increases or decreases in levels of service provided through those assets; and
d: maintain or improve public health and environmental outcomes or mitigate adverse effects on them; and
e: provide for the resilience of infrastructure assets by identifying and managing risks relating to natural hazards and by making appropriate financial provision for those risks.
4: The infrastructure strategy must outline the most likely scenario for the management of the local authority’s infrastructure assets over the period of the strategy and, in that context, must—
a: show indicative estimates of the projected capital and operating expenditure associated with the management of those assets—
i: in each of the first 10 years covered by the strategy; and
ii: in each subsequent period of 5 years covered by the strategy; and
b: identify—
i: the significant decisions about capital expenditure the local authority expects it will be required to make; and
ii: when the local authority expects those decisions will be required; and
iii: for each decision, the principal options the local authority expects to have to consider; and
iv: the approximate scale or extent of the costs associated with each decision; and
c: include the following assumptions on which the scenario is based:
i: the assumptions of the local authority about the life cycle of significant infrastructure assets:
ii: the assumptions of the local authority about growth or decline in the demand for relevant services:
iii: the assumptions of the local authority about increases or decreases in relevant levels of service; and
d: if assumptions referred to in paragraph (c)
i: identify the nature of that uncertainty; and
ii: include an outline of the potential effects of that uncertainty.
5: A local authority may meet the requirements of section 101A and this section by adopting a single financial and infrastructure strategy document as part of its long-term plan.
6: In this section, infrastructure assets
a: existing or proposed assets to be used to provide services by or on behalf of the local authority in relation to the following groups of activities:
i: water supply:
ii: sewerage and the treatment and disposal of sewage:
iii: stormwater drainage:
iv: flood protection and control works:
v: the provision of roads and footpaths; and
b: any other assets that the local authority, in its discretion, wishes to include in the strategy.
37: Section 102 amended (Funding and financial policies)
1: In section 102(2)(e) land ; and
2: After section 102(2)(e)
f: in the case of a unitary authority for a district that includes 1 or more local board areas, a local boards funding policy.
3: Replace section 102(4)
4: A local authority—
a: must consult on a draft policy in a manner that gives effect to the requirements of section 82 before adopting a policy under this section:
b: may amend a policy adopted under this section at any time after consulting on the proposed amendments in a manner that gives effect to the requirements of section 82.
38: Section 106 amended (Policy on development contributions or financial contributions)
1: In section 106(2)(a), (b), and (c) capital expenditure total cost of capital expenditure
2: In section 106(2)(a) long-term plan , or identified under clause 1(2) of Schedule 13
3: In section 106(2)(e) sections 201 and 202 sections 201 to 202A
4: After section 106(2)
2A: This section does not prevent a local authority from calculating development contributions over the capacity life of assets or groups of assets for which development contributions are required, so long as—
a: the assets that have a capacity life extending beyond the period covered by the territorial authority’s long-term plan are identified in the development contributions policy; and
b: development contributions per unit of demand do not exceed the maximum amount allowed by section 203.
2B: Subject to subsection (2C)
2C: A development contribution may be increased under subsection (2B)
a: the increase does not exceed the result of multiplying together—
i: the rate of increase (if any), in the Producers Price Index Outputs for Construction provided by Statistics New Zealand since the development contribution was last set or increased; and
ii: the proportion of the total costs of capital expenditure to which the development contribution will be applied that does not relate to interest and other financing costs; and
b: before any increase takes effect, the territorial authority makes publicly available information setting out—
i: the amount of the newly adjusted development contribution; and
ii: how the increase complies with the requirements of paragraph (a)
5: Replace section 106(6)
6: A policy adopted under section 102(1) must be reviewed at least once every 3 years using a consultation process that gives effect to the requirements of section 82.
39: Section 108 amended (Policy on remission and postponement of rates on Māori freehold land)
Replace section 108(4A)
4A: A policy adopted under section 102(1) must be reviewed at least once every 6 years using a consultation process that gives effect to the requirements of section 82.
40: Section 109 amended (Rates remission policy)
Replace section 109(2A)(a)
a: must be reviewed at least once every 6 years using a consultation process that gives effect to the requirements of section 82; and .
41: Section 110 amended (Rates postponement policy)
Replace section 110(2A)(a)
a: must be reviewed at least once every 6 years using a consultation process that gives effect to the requirements of section 82; and .
42: Section 123 amended (Outline of Part)
In section 123(a) , the scope of those assessments, and the process to be followed and the purpose of those assessments
43: Section 125 amended (Requirement to assess water and other sanitary services)
Repeal section 125(3)
44: New section 126 inserted (Purpose of assessments)
After section 125
126: Purpose of assessments
The purpose of an assessment under section 125 is to assess, from a public health perspective, the adequacy of water and other sanitary services available to communities within a territorial authority's district, in light of—
a: the health risks to communities arising from any absence of, or deficiency in, water or other sanitary services; and
b: the quality of services currently available to communities within the district; and
c: the current and estimated future demands for such services; and
d: the extent to which drinking water provided by water supply services meets applicable regulatory standards; and
e: the actual or potential consequences of stormwater and sewage discharges within the district.
45: Section 139 amended (Protection of regional parks)
Replace section 139(5)(b)
b: the regional council has consulted in a manner that gives effect to the requirements of section 82 in determining whether to dispose of the land.
46: Section 150 amended (Fees may be prescribed by bylaw)
Replace section 150(3)(b)
b: following consultation in a manner that gives effect to the requirements of section 82.
47: New sections 150A to 150F and cross-heading inserted
After section 150
150A: Costs of development contribution objections
1: If a person objects to a territorial authority's requirement that a development contribution be made, the territorial authority may recover from the person its actual and reasonable costs in respect of the objection.
2: The costs that the territorial authority may recover under this section are the costs incurred by it in respect of—
a: the selection, engagement, and employment of the development contributions commissioners; and
b: the secretarial and administrative support of the objection process; and
c: preparing for, organising, and holding the hearing.
3: A territorial authority may, in any particular case and in its absolute discretion, waive or remit the whole or any part of any costs that would otherwise be payable under this section.
4: A territorial authority's actual and reasonable costs in respect of objections are recoverable under section 252. Bylaws proposed by local boards
150B: Local boards may propose bylaw
1: A local board may propose to the governing body, in writing, the making of a bylaw to apply only in, or only in any part of, its local board area.
2: As soon as is practicable after receiving a proposal under subsection (1)
a: the enactment under which the proposed bylaw is to be made authorises the making of the bylaw; and
b: the proposed bylaw complies with the applicable statutory requirements of that enactment and any other relevant enactment; and
c: the proposed bylaw is not inconsistent with any strategy, policy, plan, or bylaw of the unitary authority; and
d: the proposed bylaw can be implemented and enforced within the local board's budget; and
e: the proposed bylaw will not have any significant effect outside the local board's area.
3: If the governing body decides that a proposed bylaw—
a: meets the requirements of subsection (2)
b: does not meet the requirements of subsection (2)
4: In this section and sections 150C to 150F
a: a reference to the governing body in relation to a local board means the governing body of the unitary authority for the district that includes the local board area of that local board; and
b: a reference to the unitary authority in relation to a local board means the unitary authority for the district that includes the local board area of that local board.
150C: Local board must consult on proposed bylaw
1: This section applies if a local board has received notice under section 150B(3)(a)
2: The local board must consult the public within the local board area on the proposed bylaw and, for that purpose, section 156(1)
3: If, after acting under subsection (2)
4: If, after acting under subsection (2)
a: if satisfied that the proposed bylaw meets the requirements of section 150B(2)
b: if not satisfied that the proposed bylaw meets the requirements of section 150B(2) section 150B(3)(b)
5: Where the unitary authority adopts under subsection (3) or (4)(a) 86
150D: Local board may propose amendment to bylaw
1: A local board may propose to the governing body, in writing, that a bylaw that applies only in, or only in any part of, its local board area be amended.
2: For the purposes of subsection (1) sections 150B and 150C
150E: Local board may propose revocation of bylaw
1: A local board may propose to the governing body, in writing, that a bylaw that applies only in, or only in any part of, its local board area be revoked.
2: As soon as practicable after receiving a proposal under subsection (1)
a: complies with the applicable statutory requirements; and
b: is not inconsistent with any strategy, policy, or plan of the unitary authority; and
c: will not have any significant effect outside the local board's area.
3: If the governing body decides that a proposed revocation—
a: meets the requirements of subsection (2)
b: does not meet the requirements of subsection (2)
4: If the local board receives notice under subsection (3)(a) section 150C(2), (3), and (5)
150F: Joint bylaw proposals
1: Two or more local boards may propose to the governing body, in writing, the making of a bylaw to apply only in, or only in any part of, the local boards' areas.
2: For the purposes of subsection (1) sections 150B to 150D
48: Section 156 amended (Special consultative procedure must be used in making, amending, or revoking bylaw made under this Act)
1: Replace the heading to section 156 Consultation requirements when making, amending, or revoking bylaws made under this Act
2: Replace section 156(1)
1: When making a bylaw under this Act or amending or revoking a bylaw made under this Act, a local authority must—
a: use the special consultative procedure (as modified by section 86) if—
i: the bylaw concerns a matter identified in the local authority's policy under section 76AA
ii: the local authority considers that there is, or is likely to be, a significant impact on the public due to the proposed bylaw or changes to, or revocation of, the bylaw; and
b: in any case in which paragraph (a)
3: In section 156(2) subsection (1)(b) subsection (1)
49: Section 160 amended (Procedure for and nature of review)
1: Replace section 160(3)(b)
b: should continue without amendment, it must—
i: consult on the proposal using the special consultative procedure if—
A: the bylaw concerns a matter identified in the local authority’s policy under section 76AA
B: the local authority considers that there is, or is likely to be, a significant impact on the public due to the proposed continuation of the bylaw; and
ii: in any other case, consult on the proposed continuation of the bylaw in a manner that gives effect to the requirements of section 82.
2: In section 160(4) For the purposes of subsection (3)(b), the statement of proposal referred to in section 83(1)(a) must include For the purpose of the consultation required under subsection (3)(b)
50: New sections 197AA and 197AB inserted
Before section 197
197AA: Purpose of development contributions
The purpose of the development contributions provisions in this Act is to enable territorial authorities to recover from those persons undertaking development a fair, equitable, and proportionate portion of the total cost of capital expenditure necessary to service growth over the long term.
197AB: Development contributions principles
All persons exercising duties and functions under this subpart must take into account the following principles when preparing a development contributions policy under section 106 or requiring development contributions under section 198:
a: development contributions should only be required if the effects or cumulative effects of developments will create or have created a requirement for the territorial authority to provide or to have provided new or additional assets or assets of increased capacity:
b: development contributions should be determined in a manner that is generally consistent with the capacity life of the assets for which they are intended to be used and in a way that avoids over-recovery of costs allocated to development contribution funding:
c: cost allocations used to establish development contributions should be determined according to, and be proportional to, the persons who will benefit from the assets to be provided (including the community as a whole) as well as those who create the need for those assets:
d: development contributions must be used—
i: for or towards the purpose of the activity or the group of activities for which the contributions were required; and
ii: for the benefit of the district or the part of the district that is identified in the development contributions policy in which the development contributions were required:
e: territorial authorities should make sufficient information available to demonstrate what development contributions are being used for and why they are being used:
f: development contributions should be predictable and be consistent with the methodology and schedules of the territorial authority’s development contributions policy under sections 106, 201, and 202:
g: when calculating and requiring development contributions, territorial authorities may group together certain developments by geographic area or categories of land use, provided that—
i: the grouping is done in a manner that balances practical and administrative efficiencies with considerations of fairness and equity; and
ii: grouping by geographic area avoids grouping across an entire district wherever practical.
51: Section 197 amended (Interpretation)
1: In section 197(1) development or other development , building (as defined in section 8 of the Building Act 2004), land use, or work
2: In section 197(2) community infrastructure community infrastructure
a: community centres or halls for the use of a local community or neighbourhood, and the land on which they are or will be situated:
b: play equipment that is located on a neighbourhood reserve:
c: toilets for use by the public .
3: In section 197(2) accommodation units development agreement sections 207A to 207F development contribution objection clause 1 of Schedule 13A development contributions commissioner section 199F objector resource consent .
52: Section 198 amended (Power to require contributions for developments)
1: In section 198(2) a development contribution the development contribution
2: After section 198(2)
2A: For the purposes of subsection (2), a development contribution must be consistent with the content of the policy adopted under section 102(1) that was in force at the time that the application for a resource consent, building consent, or service connection was submitted, accompanied by all required information.
3: After section 198(4)
4A: If a development contribution policy provides for a development contribution under subsection (1)(b), the territorial authority may require that development contribution to be made when granting a certificate of acceptance under section 98 of the Building Act 2004 if a development contribution would have been required had a building consent been granted for the building work in respect of which the certificate is granted.
53: New section 198A inserted (Restrictions on power to require contributions for reserves)
After section 198
198A: Restrictions on power to require contributions for reserves
1: Despite section 198(1), a territorial authority may not require a development contribution to be made to the territorial authority for the provision of any reserve—
a: if the development is non-residential in nature; or
b: for the non-residential component of a development that has both a residential component and a non-residential component.
2: For the purpose of subsection (1)
3: In this section, reserve
54: Section 199 amended (Basis on which development contributions may be required)
1: In section 199(2) the development development
2: In section 199(3) another development other developments
55: New sections 199A to 199P inserted
After section 199
199A: Right to reconsideration of requirement for development contribution
1: If a person is required by a territorial authority to make a development contribution under section 198, the person may request the territorial authority to reconsider the requirement if the person has grounds to believe that—
a: the development contribution was incorrectly calculated or assessed under the territorial authority’s development contributions policy; or
b: the territorial authority incorrectly applied its development contributions policy; or
c: the information used to assess the person’s development against the development contributions policy, or the way the territorial authority has recorded or used it when requiring a development contribution, was incomplete or contained errors.
2: A request for a reconsideration must be lodged and decided according to the procedure set out in a development contributions policy under section 202A(2)
3: A request for a reconsideration must be made within 10 working days after the date on which the person lodging the request receives notice from the territorial authority of the level of development contribution that the territorial authority requires.
4: A person may not apply for a reconsideration of a requirement if the person has already lodged an objection to that requirement under section 199C and Schedule 13A
199B: Territorial authority to notify outcome of reconsideration
1: The territorial authority must, within 15 working days after the date on which it receives all required relevant information relating to a request, give written notice of the outcome of its reconsideration to the person who made the request.
2: A person who requested a reconsideration may object to the outcome of the reconsideration in accordance with section 199C
199C: Right to object to assessed amount of development contribution
1: A person may, on any ground set out in section 199D
a: a notice given to the person for that purpose by the territorial authority; or
b: if notice has not been given, such other formal advice of the requirement that the territorial authority has given to the person.
2: The right of objection conferred by subsection (1) section 199A
3: The right of objection conferred by this section does not apply to challenges to the content of a development contributions policy prepared in accordance with section 102.
199D: Scope of development contribution objections
An objection under section 199C
a: failed to properly take into account features of the objector's development that, on their own or cumulatively with those of other developments, would substantially reduce the impact of the development on requirements for community facilities in the territorial authority's district or parts of that district; or
b: required a development contribution for community facilities not required by, or related to, the objector’s development, whether on its own or cumulatively with other developments; or
c: required a development contribution in breach of section 200; or
d: incorrectly applied its development contributions policy to the objector’s development.
199E: Procedure for development contribution objections
Schedule 13A section 199C
199F: Appointment and register of development contributions commissioners
1: The Minister must appoint suitable persons as approved development contributions commissioners who are to decide development contribution objections.
2: The Minister must compile and keep a register of approved development contributions commissioners.
3: The Minister must ensure that the persons named in the register individually or collectively have—
a: knowledge and experience in adjudication and mediation, including the conduct of hearings or inquiries; and
b: knowledge, skills, and experience relevant to the subject matter likely to arise in an objection; and
c: knowledge of tikanga Māori.
4: The Minister may, by notice in the Gazette subsection (3)
5: Before compiling the register or specifying additional appointment criteria, the Minister must consult persons that the Minister considers are representative of parties that are most likely to be participants in development contribution objections.
6: The term of appointment for a development contributions commissioner on the register expires—
a: 3 years after the date on which his or her appointment takes effect; or
b: at the close of the term of his or her reappointment; or
c: at the close of the extension of his or her term; or
d: as soon after the completion of his or her term of appointment or reappointment as is necessary to enable him or her to complete any outstanding work, but not later than the notification of his or her final decision as a commissioner.
7: The Minister must notify all appointments of approved development contributions commissioners in the Gazette
199G: Removal of development contributions commissioners
The Minister may remove any development contributions commissioner from the register kept under section 199F
a: because of the criminal activity or other misconduct of the commissioner; or
b: if the commissioner is unable to perform the functions of office; or
c: if the commissioner has neglected his or her duty.
199H: Who may decide development contribution objections
1: Any person named in the register of approved development contributions commissioners and selected by a territorial authority in accordance with clause 3 of Schedule 13A
2: A person who is not named in the register of approved development contributions commissioners may hear and decide a development contribution objection only if—
a: the territorial authority is satisfied that—
i: the objection relates to matters that require skills or knowledge that is not available from persons named in the register who are available to deal with the objection; and
ii: another suitable person with such skills or knowledge is available to deal with the objection; and
b: the Minister approves the territorial authority's selection of that other person to decide the objection.
3: A person approved by the Minister under subsection (2)(b)
199I: Development contribution objection hearings
1: The applicable fees and allowances for a witness appearing at a development contribution objection hearing must be paid by the party on whose behalf the witness is called.
2: Before or at the hearing, a development contributions commissioner may request the objector or territorial authority to provide further information.
3: If information is requested before a hearing under subsection (2)
4: Only the territorial authority and the objector have a right to be heard at the hearing of an objection. The commissioners may, at their discretion, invite any other person or organisation to attend and be heard to the extent allowed by the commissioners.
5: Part 2 of Schedule 13A
199J: Consideration of development contribution objection
When considering a development contribution objection and any evidence provided in relation to that objection, development contributions commissioners must give due consideration to the following:
a: the grounds on which the development contribution objection was made:
b: the purpose and principles of development contributions under sections 197AA and 197AB
c: the provisions of the development contributions policy under which the development contribution that is the subject of the objection was, or is, required:
d: the cumulative effects of the objector’s development in combination with the other developments in a district or parts of a district, on the requirement to provide the community facilities that the development contribution is to be used for or toward:
e: any other relevant factor associated with the relationship between the objector’s development and the development contribution to which the objection relates.
199K: Additional powers of development contributions commissioners
1: In addition to his or her powers under section 199I and Schedule 13A
a: to direct the order of business at the hearing, including the order in which evidence is presented and parties heard:
b: to direct that evidence presented at the hearing be taken as read or presented within a stated time limit:
c: to direct that evidence be limited to the matters relevant to the dispute.
2: Whether or not a hearing is held, a development contributions commissioner may direct that briefs of evidence be provided within a specified period ending not later than,—
a: if a hearing is to be held, 10 working days before the hearing commences; or
b: in any other case, 10 working days before the date on which the commissioner or commissioners intend to begin their consideration of the objection.
3: A development contributions commissioner may waive or extend any period specified in this section or Schedule 13A clause 1(1) of Schedule 13A
4: A development contributions commissioner may, on his or her own initiative or on application from the objector or the territorial authority, make an order that prohibits the communication or publication of any information supplied to the commissioner, or obtained by the commissioner, in the course of deciding a development contribution objection, if satisfied that the order is necessary to avoid—
a: serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; or
b: the disclosure of a trade secret or commercial information that, if released, would be prejudicial to the business or operations of any party to the objection.
199L: Liability of development contributions commissioners
A development contributions commissioner is not liable for anything the commissioner does, or omits to do, in good faith in performing or exercising the functions, duties, responsibilities, and powers of a development contributions commissioner under this Act.
199M: Residual powers of territorial authority relating to development contribution objection decision
1: This section applies to a decision of a development contributions commissioner.
2: The territorial authority affected by the decision retains all the functions, duties, responsibilities, and powers of a territorial authority in relation to the requirement for the development contribution that is the subject of the decision as if the decision had been made by the territorial authority.
3: Subsection (2)
4: However, nothing in subsection (3)
199N: Objector’s right to apply for judicial review unaffected
Nothing in this subpart affects the right of an objector to a development contribution to apply for judicial review of a decision made by a development contributions commissioner.
199O: Territorial authority to provide administrative support for development contributions commissioners
A territorial authority must supply all secretarial and administrative services necessary to enable development contributions commissioners to perform their functions under this Act.
199P: Interim effect of development contribution objection
1: If a development contribution objection is lodged, the territorial authority may still require the development contribution to be made, but must not use it until the objection has been determined.
2: If a territorial authority does not require a development contribution to be made pending the determination of an objection, the territorial authority may withhold certificates or permissions in accordance with section 208 until the objection has been determined.
56: Section 200 amended (Limitations applying to requirement for development contribution)
1: After section 200(1)(b)
ba: the territorial authority has already required a development contribution for the same purpose in respect of the same building work, whether on the granting of a building consent or a certificate of acceptance; or .
2: Replace section 200(1)(c)
c: a third party has funded or provided, or undertaken to fund or provide, the same reserve, network infrastructure, or community infrastructure.
3: After section 200(2)
3: This section does not prevent a territorial authority from requiring a development contribution if—
a: income from the following is being used or will be used to meet a proportion of the capital costs of the community facilities for which the development contribution will be used:
i: rates:
ii: fees and charges:
iii: interest and dividends from investments:
iv: borrowings:
v: proceeds from asset sales; or
b: a person required to make the development contribution is also a ratepayer in the territorial authority’s district or has paid or will pay fees or charges in respect of the facilities.
4: Despite subsection (1)(ba)
57: New section 201A inserted (Schedule of assets for which development contributions will be used)
After section 201
201A: Schedule of assets for which development contributions will be used
1: If a territorial authority has determined to seek funding for community facilities under this subpart, the policy required by section 102 must include, in addition to the matters set out in sections 106 and 201, a schedule that lists—
a: each new asset, additional asset, asset of increased capacity, or programme of works for which the development contributions requirements set out in the development contributions policy are intended to be used or have already been used; and
b: the estimated capital cost of each asset described in paragraph (a)
c: the proportion of the capital cost that the territorial authority proposes to recover through development contributions; and
d: the proportion of the capital cost that the territorial authority proposes to recover from other sources.
2: For the purposes of subsection (1)
3: A schedule under subsection (1)
4: Information in the schedule under subsection (1)
5: A territorial authority may make changes to the schedule required by subsection (1)
a: the change is being made to reflect a change of circumstances in relation to an asset that is listed in the schedule or is to be added to the schedule; and
b: the change does not increase the total or overall development contribution that will be required to be made to the territorial authority.
6: If the territorial authority is satisfied that the schedule or any part of it is too large or impractical to print in hard copy form, the territorial authority may—
a: provide the schedule in a publicly accessible electronic format; and
b: provide and maintain an electronic link from the development contributions policy to the schedule (if the policy is on the Internet) or state where a hard copy of the schedule can be found and inspected.
7: Subject to sections 204, 205, and 206, a territorial authority may use a development contribution for or towards any assets other than those set out in the schedule required by subsection (1)
a: the assets are for the same general function and purpose as those that were set out in the schedule required under subsection (1)
b: the schedule required by subsection (1) subsection (5)
58: Section 202 amended (Contents of schedule to development contributions policy)
In the heading to section 202 schedule to development contributions policy section 201 schedule
59: New section 202A inserted (Reconsideration process to be in development contributions policy)
After section 202
202A: Reconsideration process to be in development contributions policy
1: If a territorial authority has determined to seek funding for community facilities under this subpart, the policy required by section 102 must, in addition to the matters set out in sections 106 and 201 to 202, and subject to any regulations made under section 259(1)(e) or (f) section 199A
2: The process for reconsideration must set out—
a: how the request can be lodged with the territorial authority; and
b: the steps in the process that the territorial authority will apply when reconsidering the requirement to make a development contribution.
60: Section 203 amended (Maximum development contributions not to be exceeded)
1: In section 203(1)(b) household unit or accommodation unit
2: In section 203(2) clause 2 of Schedule 13 , and as amended for any Producers Price Index adjustment adopted in a development contributions policy in accordance with section 106(2B)
61: Section 206 amended (Alternative uses of development contributions for reserves)
In section 206 section 205 sections 197AB(d)
62: New sections 207A to 207F and cross-heading inserted
After section 207 Development agreements
207A: Request to enter development agreement
1: A territorial authority may enter into a development agreement with a developer if—
a: the developer has requested in writing that the territorial authority enter into a development agreement with the developer; or
b: the territorial authority has requested in writing that the developer enter into a development agreement with the territorial authority.
2: This section does not limit section 12.
207B: Response to request for development agreement
1: A territorial authority that receives a written request from a developer to enter into a development agreement must consider that request without unnecessary delay.
2: The territorial authority may—
a: accept the request in whole or in part subject to any amendments agreed to by the territorial authority and the developer; or
b: decline the request.
3: The territorial authority must provide the developer who made the request with a written notice of its decision and the reasons for its decision.
4: A developer who receives a request from a territorial authority to enter into a development agreement may, in a written response to the territorial authority,—
a: accept the request in whole or in part subject to any amendments agreed to by the territorial authority and the developer; or
b: decline the request.
207C: Content of development agreement
1: A development agreement must be in writing and be signed by all parties that are to be bound by the agreement.
2: A development agreement must include—
a: the legal name of the territorial authority that will be bound by the agreement; and
b: the legal name of the developer that will be bound by the agreement; and
c: a description of the land to which the agreement will relate, including its legal description and, if applicable,—
i: the street address of the land; and
ii: other identifiers of the location of the land, its boundaries, and extent; and
d: details of the infrastructure (if any) that each party to the agreement will provide or pay for.
3: A development agreement may also include, without limitation, information relating to all or any of the following:
a: a description of the development to which the agreement will relate:
b: when infrastructure will be provided, including whether the infrastructure will be provided in stages:
c: who will own, operate, and maintain the infrastructure being provided:
d: the timing and arrangements of any vesting of infrastructure:
e: the mechanism for the resolution of disputes under the agreement:
f: the arrangements for, and timing of, any transfer of land between the territorial authority and the developer:
g: the nature, amount, and timing of any monetary payments to be made between the parties to the agreement:
h: the enforcement of the development agreement by a suitable means in the event of a breach, including, but not limited to,—
i: a guarantee; or
ii: a bond; or
iii: a memorandum of encumbrance.
207D: Effect of development agreement
1: A development agreement is a legally enforceable contract.
2: A development agreement has no force until all parties that will be bound by the agreement have signed it.
3: A development agreement does not oblige a territorial authority or any other consent authority to—
a: grant a resource consent under the Resource Management Act 1991; or
b: issue a building consent under the Building Act 2004; or
c: issue a code compliance certificate under the Building Act 2004; or
d: grant a certificate under section 224 of the Resource Management Act 1991; or
e: grant an authorisation for a service connection.
4: A territorial authority or other consent authority must not refuse to grant or issue a consent, certificate, or authorisation (as the case may be) referred to in subsection (3)
5: If there is any conflict between the content of a development agreement and the application of a relevant development contributions policy in relation to that agreement, the content of the development agreement prevails.
207E: Restrictions on use of development agreement
1: A development agreement must not require a developer to provide—
a: infrastructure of a nature or type for which the developer would not otherwise have been required to make a development contribution; or
b: infrastructure of a higher standard than that which would have been provided for if the developer had been required to make a development contribution; or
c: infrastructure of a scale that would exceed the infrastructure that would otherwise have been provided for if the developer had been required to make a development contribution.
2: However, a developer may agree to provide infrastructure of a nature or scale that is additional to, of greater capacity than, or of a different type to the infrastructure that would have been provided if the developer had been required to make a development contribution.
207F: Amendment or termination of development agreement
1: A development agreement may be amended at any time through mutual agreement of all parties who are signatories to the agreement.
2: A development agreement terminates—
a: on a date set out in the development agreement; or
b: on the date on which all actions, undertakings, or obligations that were agreed to by each of the signatories to the agreement have been fulfilled; or
c: on a date mutually agreed in writing by all parties that are signatories to the agreement.
63: Section 208 amended (Powers of territorial authority if development contributions not paid or made)
After section 208(b)
ba: in the case of a development contribution required under section 198(4A) .
64: Section 235 amended (Offences by members of local authorities)
In the heading to section 235 authorities and local boards
65: Section 252 amended (Recovery of debts)
In section 252 done by the local authority , and money payable by a person to the local authority as a development contribution,
66: Section 255 amended (Application of this Part)
In section 255
2: However, the Minister may exercise the powers in this Part in relation to a local board and, for that purpose, this Part applies, with any necessary modifications, as if a local board were a local authority.
67: Section 259 amended (Regulations)
Replace section 259(1)(e)
e: prescribing the form or content of applications, notices, or any other documentation or information relating to the reconsideration of requirements for development contributions or to development contribution objections, and the manner in which any document or information is to be made available or provided:
f: prescribing, in addition to any matters prescribed under paragraph (e)
g: providing for any matters that are contemplated by this Act, necessary for giving it full effect, or necessary for its due administration.
68: New Schedule 1AA inserted
Before Schedule 1 Schedule 1AA Schedule 1
69: Schedule 3 amended
Amend Schedule 3 Schedule 2
70: Schedule 6 amended
Amend Schedule 6 Schedule 3
71: Schedule 7 amended
Amend Schedule 7 Schedule 4
72: Schedule 10 amended
Amend Schedule 10 Schedule 5
73: Schedule 13 amended
Amend Schedule 13 Schedule 6
74: New Schedule 13A inserted
After Schedule 13 Schedule 13A Schedule 7
75: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 8
2: Amendments to other enactments
76: Amendments to Local Electoral Act 2001
Amend the Local Electoral Act 2001 Schedule 9 2014-08-08 Local Electoral Act 2001
77: Amendments to Local Government (Auckland Council) Act 2009
Amend the Local Government (Auckland Council) Act 2009 Schedule 10 2014-08-08 Local Government (Auckland Council) Act 2009
78: Consequential amendments to other enactments
Amend the enactments specified in Schedule 11 2014-08-08 Building Act 2004 Local Authorities (Members' Interests) Act 1968 Local Government Official Information and Meetings Act 1987 Ombudsmen Act 1975 Resource Management Act 1991