Visiting Forces Act 2004

1: Title
This Act is the Visiting Forces Act 2004.
1: Preliminary provisions
2: Commencement
This Act comes into force on 1 July 2004.
3: Purpose
The purpose of this Act is—
a: to update and amend the law relating to visiting forces to reflect recognised international practice; and
b: to enable New Zealand to give effect to status of forces agreements concluded with other States; and
c: to repeal the Visiting Forces Act 1939
4: Interpretation
1: In this Act, unless the context otherwise requires,— applicable agreement section 23 armed forces Armed Forces of New Zealand section 2(1) associate coroner Coroners Act 2006 civilian component
a: are employed by or in the service of the visiting force; or
b: are serving with an organisation that, with the approval of the Government of New Zealand, is accompanying the visiting force; or
c: are attached to or accompanying the visiting force coroner Coroners Act 2006 dependant
a: is not a member of the visiting force or its civilian component; and
b: is neither a New Zealand citizen nor ordinarily resident in New Zealand; and
c: is accompanying a member of the visiting force or its civilian component, and—
i: is the spouse of the member; or
ii: is not married to the member, but is living together with the member in a relationship that is recognised by the visiting force (whether the person is of the same or different sex as the member); or
iii: is wholly or mainly maintained by the member; or
iv: is in the custody, care, or charge of the member; or
v: is one of the family of the member residing with the member member of a visiting force
a: means a person who, in accordance with the law of the sending State, is serving as a member of the visiting force; but
b: does not include a member of the armed forces of the sending State if—
i: the person is attached to the Armed Forces of New Zealand under section 23A
ii: New Zealand and the sending State have mutually determined, under an agreement between them, that the person is not to be regarded as a member of a visiting force Registrar section 4 sending State service authorities of a visiting force
a: means the authorities empowered by the law of the sending State to exercise powers of command, control, discipline, or administration over a visiting force, including (without limitation) any members of the force, members of its civilian component, and dependants; and
b: includes a service tribunal of a visiting force service law service tribunal of a visiting force
a: means any officer, court, or other tribunal empowered by or under the law of the sending State to investigate, try, or otherwise dispose of charges brought against persons subject to the service law of the sending State; and
b: includes—
i: a court of inquiry; and
ii: any officer, court, or other tribunal empowered by or under the law of the sending State to review the proceedings of a service tribunal visiting force
2: For the purpose of subsection (1), regulations made under section 23 1939 No 36 s 2 1950 No 54 s 2 Section 4(1) associate coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 4(1) coroner inserted 5 April 2023 section 36 Coroners Amendment Act 2023 Section 4(1) Registrar amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
5: Application
This Act applies in relation to any visiting force, its civilian component, and its dependants.
6: Act binds the Crown
This Act binds the Crown.
2: Visiting forces
Jurisdiction
7: Command, control, and administration
The service authorities of a visiting force may, within New Zealand, exercise and perform all the functions, duties, and powers conferred or imposed on them by the law of the sending State in relation to the following matters:
a: the command of the visiting force:
b: the control of the visiting force:
c: the administration of the visiting force. 1939 No 36 s 3(1)
8: Criminal and disciplinary jurisdiction
1: To the extent permitted by an applicable agreement, the service authorities of a visiting force may, within New Zealand, exercise over members of the visiting force, members of its civilian component, and its dependants all criminal and disciplinary jurisdiction conferred on them by the law of the sending State.
2: In the absence of an applicable agreement covering the matter, the service authorities of a visiting force have the primary right to exercise all criminal and disciplinary jurisdiction conferred on them by the law of the sending State in respect of any act or omission that—
a: is alleged to have been committed by a member of the visiting force, a member of its civilian component, or a dependant; and
b: if proved, would constitute an offence—
i: solely against the property or security of the sending State; or
ii: solely against the person or property of any other members of the visiting force, its civilian component, or dependants; or
iii: that arises out of an act or omission done in the performance of official duty.
3: In the absence of an applicable agreement covering the matter, New Zealand courts have the primary right to exercise jurisdiction in respect of any act or omission that—
a: is alleged to have been committed by a member of the visiting force, a member of its civilian component, or a dependant; and
b: is not covered by subsection (2); and
c: if proved, would constitute an offence against New Zealand law.
4: Nothing in this Act affects or limits any power conferred on the service authorities of a visiting force by the law of the sending State, being a power to—
a: arrest, identify, detain, or search a member of the visiting force, a, member of its civilian component, or a dependant; or
b: enter and search any ship, aircraft, vehicle, or premises belonging to or occupied by the visiting force or a person referred to in paragraph (a); or
c: seize or take possession of any property, article, or thing found on or in the possession of any person referred to in paragraph (a) or in or on any ship, aircraft, vehicle, or premises referred to in paragraph (b).
5: Section 99
a: are seized or taken into possession by the service authorities of a visiting force; and
b: belong to any person other than a member of the visiting force, a member of its civilian component, or a dependant.
6: This section is subject to section 9 1939 No 36 s 3(1)
9: Limits on effect of section 8
1: The service authorities of a visiting force must not —
a: impose, or carry out, a sentence of death in New Zealand; or
b: do any act in New Zealand that would, if done by a member of the Armed Forces of New Zealand, constitute an offence against the Crimes of Torture Act 1989
2: The service authorities of a visiting force must not exercise a power referred to in section 8(4)(b)
3: The service authorities of a visiting force must not exercise a power referred to in section 8(4)(c)
4: If subsection (2) or subsection (3) applies, the service authorities of a visiting force may request the Attorney-General to obtain the issue of a search warrant under section 59(1)
10: Criminal proceedings in New Zealand against members of visiting forces
1: Criminal proceedings may be instituted in a New Zealand court against—
a: a member of a visiting force; or
b: a member of its civilian component, or a dependant, who is subject to the service law of the sending State.
2: However, once instituted those proceedings are stayed and must not proceed except with the consent of the Attorney-General.
3: The Attorney-General must, before deciding whether or not to give consent under subsection (2), take into account the terms of any applicable agreement, and may make such inquiries as he or she thinks fit.
4: Subsection (2) does not limit or affect any power exercisable under the law of New Zealand to arrest, identify, detain, or search a member of a visiting force, a member of its civilian component, or a dependant.
5: The arrest of a member of a visiting force, a member of its civilian component, or a dependant is subject to section 11 Defence (Visiting Forces) Act 1963 ss 9, 10 (Aust) Arrest
11: Arrest of members of visiting forces
1: If a person arrests a member of a visiting force, a member of its civilian component, or a dependant, the person making the arrest (or any of the person’s superiors) must notify the service authorities of the visiting force of the arrest as soon as practicable after the arrest.
2: If a person charged with an offence against the law of New Zealand appears to the court to be a member of a visiting force, a member of its civilian component, or a dependant,—
a: the court must determine the period it considers reasonable to enable inquiries to be made for the purpose of determining the status of the person; and
b: further proceedings in respect of the offence charged are stayed for that period.
3: If a person referred to in subsection (2) has been remanded in custody by order of the court and the Attorney-General directs that the person be delivered to the custody of the service authorities of the visiting force, the court must revoke the order and order that the person be delivered to the custody of those authorities. Defence (Visiting Forces) Act 1963 s 12 (Aust) Proceedings before service tribunal of visiting force
12: Application of provisions of Armed Forces Discipline Act 1971
The following provisions of the Armed Forces Discipline Act 1971
a: section 150A
b: section 150B
c: section 150C
d: sections 150E to 150G 1939 No 36 s 3(2), 4(5) Section 12(a) substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 12(b) substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 12(c) substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007 Section 12(d) substituted 1 July 2009 section 81 Armed Forces Discipline Amendment Act (No 2) 2007
13: New Zealand courts not to try offenders for offences already disposed of
Section 21 Defence (Visiting Forces) Act 1963 s 11 (Aust) Imprisonment
14: Manner in which sentence of imprisonment or detention may be served
1: If a member of a visiting force, a member of its civilian component, or a dependant has been sentenced by a service tribunal of the visiting force to imprisonment or detention, the sentence may be served in accordance with Part 9
2: Part 9
a: the officer in command of the visiting force were a competent service authority; and
b: the prisoner were a service prisoner or service detainee (as the case may require). 1939 No 36 s 4(3) Legal proceedings before New Zealand courts
15: Proceedings of service tribunals
The following may not be called into question in any proceedings before a New Zealand court:
a: the proceedings of a service tribunal of a visiting force:
b: any sentence passed or order made by the service tribunal:
c: any investigation carried out by the service authorities of the visiting force that is relevant to the service tribunal’s proceedings:
d: the exercise, by the service authorities, of any power referred to in section 8(4) 1939 No 36 s 3(3)–(5) 1971 No 53 s 143
16: Proceedings relating to conditions of service of member of visiting force or civilian component
No proceedings in respect of the conditions of service of a member of a visiting force or a member of its civilian component may be brought in a New Zealand court. 1939 No 36 s 3(4) Application to visiting forces of laws applying to Armed Forces of New Zealand
17: Application of New Zealand laws to visiting forces
1: If an enactment exempts the Armed Forces of New Zealand from all or any of its provisions, or modifies or adapts any of its provisions so far as they apply to the Armed Forces of New Zealand, the exemption, modification, or adaptation applies in relation to a visiting force, subject to such adaptations or modifications as may be necessary.
2: If an enactment penalises misconduct by any person in relation to the Armed Forces of New Zealand or a member of the Armed Forces of New Zealand, the enactment applies in relation to a visiting force or a member of the visiting force with any necessary modifications.
3: Any person authorised to perform or exercise any function, duty, or power, in relation to the Armed Forces of New Zealand may perform or exercise that function, duty, or power in relation to a visiting force.
4: Subsection (3) does not limit any privileges or immunities enjoyed by the sending State under applicable international law.
5: Without limiting subsections (1) to (4), the Governor-General may, by Order in Council,—
a: exempt a visiting force from all or any of the provisions of any enactment; or
b: modify or adapt any of the provisions of any enactment so far as they apply to a visiting force.
6: An Order in Council made under subsection (5) may be made—
a: in relation to visiting forces generally; or
b: for the purpose of implementing any treaty, agreement, or arrangement between New Zealand and the sending State.
7: An order under subsection (5) is secondary legislation ( see Part 3 1939 No 36 s 4(1), (5), (6) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 17(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Application of New Zealand Bill of Rights Act 1990
18: Application of New Zealand Bill of Rights Act 1990 to acts done at request or on behalf of visiting forces
1: The New Zealand Bill of Rights Act 1990 section 3
2: This section is for the avoidance of doubt. Death of members of visiting forces
19: Inquiries
1: If a responsible coroner in relation to a death is satisfied that the dead person
a: if the coroner has not opened an inquiry into the death, he or she must not open an inquiry into the death:
b: if an inquiry has been opened but is not then completed, the coroner must adjourn the inquiry.
2: As soon as practicable after becoming aware of a death to which subsection (1) applies, the Chief of Defence Force must ensure that the Attorney-General is notified of the death.
3: The Attorney-General may direct that a coroner or any other authority open or proceed with an inquest or other inquiry into a death to which subsection (1) applies. Without limiting the matters the Attorney-General may take into account in deciding whether to give such a direction, the Attorney-General must take into account—
a: the wishes of the sending State; and
b: the terms of any applicable agreement.
4: When a direction referred to in subsection (3) takes effect, the following apply:
a: the provisions of the Births, Deaths, Marriages, and Relationships Registration Act 2021 section 40(4)(a)
b: the provisions of the Coroners Act 2006 section 25
5: The Births, Deaths, Marriages, and Relationships Registration Act 2021
6: If a responsible coroner in relation to a death
a: if the coroner has not opened an inquiry into the death, he or she must not open an inquiry into the death until the criminal or disciplinary proceedings against the person have been finally concluded:
b: if an inquiry inquiry
7: Subsection (6) does not prevent a coroner from—
a: taking evidence of the fact that the person has died, of the person’s identity, and of the place and date of death; or
b: providing information to a Registrar for the purpose of registering the death; or
c: authorising the release of the body.
8: In this section, responsible coroner section 9 Visiting Forces Act 1952 s 7 (UK); Defence (Visiting Forces) Act 1963 s 14 (Aust) Section 19 heading amended 1 July 2007 section 146 Coroners Act 2006 Section 19(1) amended 21 July 2016 section 75 Coroners Amendment Act 2016 Section 19(1)(a) substituted 1 July 2007 section 146 Coroners Act 2006 Section 19(1)(b) substituted 1 July 2007 section 146 Coroners Act 2006 Section 19(4)(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 19(4)(b) substituted 1 July 2007 section 146 Coroners Act 2006 Section 19(5) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 19(5) amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 19(6) amended 21 July 2016 section 75 Coroners Amendment Act 2016 Section 19(6)(a) substituted 1 July 2007 section 146 Coroners Act 2006 Section 19(6)(b) amended 1 July 2007 section 146 Coroners Act 2006 Section 19(8) inserted 21 July 2016 section 75 Coroners Amendment Act 2016
20: Witnesses at inquest or inquiry
1: A member of a visiting force, a member of its civilian component, or a dependant is not a compellable witness for the purposes of an inquest or inquiry opened or proceeded with in accordance with section 19
2: A witness who is summoned to attend before a coroner or some other authority for the purposes of an inquest or inquiry opened or proceeded with in accordance with section 19
3: The Chief of Defence Force may give a certificate for the purpose of subsection (2) to the effect that any matter may prejudice the security or defence of New Zealand or the sending State.
4: A certificate given under subsection (3) is admissible in any proceedings in a New Zealand court and is, in the absence of proof to the contrary, sufficient evidence of the matters stated in the certificate. Claims
21: Claims against visiting forces
1: This section applies to any cause of action that arises in New Zealand in respect of—
a: the death of or bodily injury to any person; or
b: damage to any property.
2: A person (other than a member of a visiting force, a member of its civilian component, or a dependant) is entitled to make a claim or demand against the Crown if—
a: the person suffers in New Zealand any damage, loss, or injury by, through, or in connection with the use of any ship, vehicle, aircraft, or equipment belonging to a visiting force; or
b: the person has or considers that he or she or it has a just claim or demand in respect of a cause of action to which this section applies against a member of a visiting force or a person acting for or on behalf of a visiting force.
3: The claim or demand must be one that is not barred by section 317 section 318
4: The claim or demand must be one that the person would have been entitled to make under the Crown Proceedings Act 1950
a: the ship, vehicle, or equipment had belonged to the Crown, or the aircraft had been a service aircraft, or the member or the person so acting had been a member of the Armed Forces of New Zealand; and
b: the Government of the sending State to which the visiting force belongs had been the Crown.
5: The Crown has, in relation to the person making the claim or demand, the same rights and liabilities as the Crown would have had if—
a: the ship, vehicle, or equipment belonging to the visiting force had belonged to the Crown or the aircraft belonging to the visiting force had been a service aircraft; or
b: the member of the visiting force or the person acting for or on behalf of the visiting force had been a member of the Armed Forces of New Zealand.
6: The determination of a claim or demand under this section must have regard to any payment which the person has received or is entitled to receive, whether from the Crown or from any other person or authority, in satisfaction, wholly or partly, of the claim or demand. 1950 No 54 s 10(1)–(5)
3: Miscellaneous provisions
22: Evidence
1: The Attorney-General may, after making any inquiries he or she thinks fit, give a certificate as to the status under this Act of—
a: any force, person, or property; or
b: any matter or thing for the purposes of any of sections 13 15 16 21
2: A certificate given under subsection (1) is admissible in any proceedings in a New Zealand court and is, in the absence of proof to the contrary, sufficient evidence of the matters stated in the certificate. Defence (Visiting Forces) Act 1963 s 27 (Aust)
23: Regulations
1: The Governor-General may, by Order in Council, make regulations providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under this section are secondary legislation ( see Part 3 1939 No 36 s 10 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
24: Act not in force in Tokelau
This Act is not in force in Tokelau. 1939 No 36 s 7
25: Repeals and revocations
1: The Visiting Forces Act 1939
2: The orders and regulations specified in Schedule 1
26: Consequential amendments
The Acts specified in Schedule 2
27: Saving relating to existing status of forces agreements
1: This section applies to every status of forces agreement between New Zealand and the sending State of a visiting force that had effect immediately before the commencement of this section.
2: Every status of forces agreement to which this section applies is an applicable agreement under this Act.


1: Title
1: This Act is the Chatham Islands Council Amendment Act 2004.
2: In this Act, the Chatham Islands Council Act 1995 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Functions, duties, and powers
Section 7 subsection (1)
1: Except as otherwise provided under this or any other Act, the Chatham Islands Council has the functions, duties, and powers of—
a: a territorial authority under—
i: the Local Government Act 2002
ii: the Local Government Act 1974
iii: the Local Government (Rating) Act 2002
iv: the Resource Management Act 1991
v: any other public Act; and
b: a regional council under the Resource Management Act 1991
4: Section 35 Section 35


Dog Control Amendment Act 2004

1: Title
1: This Act is the Dog Control Amendment Act 2004.
2: In this Act, the Dog Control Act 1996 the principal Act
2: Commencement
1: Sections 10 11
2: Section 24 section 69A(3)
3: Section 24 section 69A(3)
3: Power of dog control officer or dog ranger to feed and shelter dogs
1: Section 15(3)(a) property land or premises
2: Section 15(4) property land or premises
4: Classification of probationary owners
Section 21
5: This section applies only if section 25(1A)
5: Territorial authority may require probationary owner to undertake training
1: Section 23A section 21(1) section 21
2: Section 23A subsection (2)
2: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who, without reasonable excuse, fails to comply with a requirement under subsection (1)
6: Obligation of probationary owners to dispose of unregistered dogs
Section 24
5: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who—
a: fails to comply with subsection (1)
b: fails, in disposing of a dog under subsection (1) subsection (2)
c: at any time while classified as a probationary owner becomes the registered owner of a dog (unless the person was the registered owner of the dog on the date of the offence or the date of the third infringement offence in respect of which the classification was made under section 21
d: disposes or gives custody or possession of any dog to any person, knowing that the person is disqualified under section 25
7: Disqualification of owners
1: Section 25(1) , unless it is satisfied that the circumstances of an offence or offences do not warrant disqualification or probationary ownership,
2: Section 25 subsection (1)
1A: Subsection (1)
a: disqualification is not warranted; or
b: the territorial authority will instead classify the person as a probationary owner under section 21
8: Maintenance of records and provision of information
1: Section 30(2) Every Subject to subsection (6)
2: Section 30 subsection (5)
5: A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A
6: A territorial authority that complies with subsection (5) subsection (2) section 35A(2)
9: Effect of classification as dangerous dog
1: Section 32(1)(d) paragraph (c) paragraph (c)(i)
2: Section 32(1)(e) dangerous dog: dangerous dog; and
10: Territorial authority may classify dog as menacing
Section 33A(3) written notice in the prescribed form
11: Dogs belonging to breed or type listed in
Schedule 4 Section 33C(2) written notice in the prescribed form
12: Effect of classification as menacing dog
Section 33E(5) or controlled on a leash
13: Dogs register
Section 34 subsection (6)
6: A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A
14: Supply of register information
1: Section 35(2) Where Subject to subsection (6)
2: Section 35
6: A territorial authority that complies with section 34(6) subsection (2)(c) section 35A(2)
15: New
sections 35A 35AB The principal Act is amended by repealing section 35A
35A: National dog control information database
1: For the purposes of compiling and maintaining a national dog control information database, a territorial authority must provide to a person or organisation nominated by the Secretary for Local Government, in electronic form, the information that the territorial authority is required to keep under sections 30(1) and 34(2)(a) to (h)
2: For the purpose of sections 30(2) and 35(2)(c)
a: the person or organisation responsible for the database must be treated as if the person or organisation were a territorial authority; and
b: the information that the person or organisation holds under subsection (1) sections 30 and 35
c: the person or organisation must be treated as if the person or organisation were permitted to disclose the information it holds only—
i: to any other territorial authority; and
ii: by either—
A: disclosing the information to the territorial authority in accordance with sections 30(2) and 35(2)(c)
B: allowing the territorial authority to access the information directly from the person's or organisation's database.
3: Despite subsection (2)
35AB: National dog control information database may contain additional information supplied by territorial authority
1: The person or organisation responsible for the national dog control information database under section 35A
a: holds under section 34(2)(i)
b: chooses to provide to the person or organisation.
2: Without limiting the information that the person or organisation reponsible for the database may include in the database under subsection (1)
a: any dog identifier used by the territorial authority:
b: the year a dog is born:
c: the year a dog dies:
d: contact details of a dog owner.
3: Any information provided under this section to the person or organisation responsible for the database is subject to the same limits on disclosure by the person or organisation as the information provided to the person or organisation under section 35A
16: Application for registration
Section 36(3) Except as provided in section 43 of this Act Where
17: Microchip transponder must be implanted in certain dogs
1: Section 36A subsection (3)
3: Subsection (2)
a: for a dog that is classified as dangerous or menacing, by making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location:
b: for a dog that is registered for the first time on or after 1 July 2006, by—
i: making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
ii: providing to the territorial authority a certificate issued by a registered veterinary surgeon certifying—
A: that the dog is or has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
B: that, for the reasons that are specified in the certificate, the dog will not be in a fit condition to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed location before a date specified in the certificate.
3A: A certificate issued by a registered veterinary surgeon under subsection (3)(b)(ii)
a: the unique identifier of the microchip transponder (if subsection (3)(b)(ii)(A)
b: the name and sex of the dog; and
c: a physical description of the dog, which may include the breed, the colour, and any distinguishing marks; and
d: if the dog is registered, the registration number of the label or disc issued for the dog; and
e: the name, date of birth, and address of the owner of the dog.
2: Section 36A subsection (5)
5: The owner must comply with subsection (2)
a: within 2 months from 1 July 2006, if the dog is classified as dangerous or menacing on or after 1 December 2003 but before 1 July 2006; or
b: within 2 months after the date on which the dog is classified as dangerous or menacing or is registered (as the case may be), in any other case.
5A: Subsection (2)
a: as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
b: in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.
18: Offence of failing to register dog
Section 42 subsection (3)
3: This section does not apply to any person operating a pound or facility, or having custody of an unregistered dog for the purposes of—
a: impounding the dog under this Act; or
b: confining the dog in a transitional facility or containment facility approved under section 39 of the Biosecurity Act 1993
c: keeping the dog in the custody of a society established to prevent cruelty to animals pending the dog's—
i: recovery by its owner; or
ii: disposal to a new owner.
4: However,—
a: a person to whom subsection (3)(a) section 69A
b: a person to whom subsection (3)(b) or subsection (3)(c)
19: Section 43 Section 43
20: Owner must use or carry leash in public
1: Section 54A subsection (1)
1: The owner of a dog must carry a leash when in a public place if—
a: the dog is with the owner; and
b: the dog is not otherwise required to be controlled on a leash by or under this Act or any other enactment.
2: Section 54A(3) in relation to the working dog
21: Allowing dogs known to be dangerous to be at large unmuzzled
1: Section 62(3) (4) subsection (1) subsection (2)
2: Section 62(5) subsection (2) subsection (3)
22: Infringement offences
Section 65(1) the First Schedule to this Act Schedule 1
23: Infringement notices
Section 66(4)(b) the First Schedule to this Act Schedule 1
24: New
section 69A The principal Act is amended by repealing section 69A
69A: Impounded dog must be microchipped and registered before release
1: A registered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
2: Subsection (1)
3: An unregistered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being registered under this Act.
4: An unregistered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
5: Subsections (1) and (4)
a: as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
b: in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.
25: New
section 72A The principal Act is amended by inserting, after section 72
72A: Power of dog control officer or dog ranger to seize released dog
A dog control officer or dog ranger may—
a: seize and impound a dog that has been released or uplifted in breach of section 72
b: retain custody of the dog until the dog control officer, dog ranger, or territorial authority (as the case may be) is satisfied that the requirements under this Act in relation to the initial impounding of the dog have been complied with.
26: New
Schedule 1 The principal Act is amended by repealing Schedule 1
27: Consequential amendments to
Dog Control Amendment Act 2003
1: Section 42 Dog Control Amendment Act 2003
2: Section 2(2) Dog Control Amendment Act 2003 Sections 24 Section 24


Local Electoral Amendment Act 2004

1: Title
1: This Act is the Local Electoral Amendment Act 2004.
2: In this Act, the Local Electoral Act 2001 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 5 First Past the Post section 5A .
2: Section 5 New Zealand method of counting single transferable votes Schedule 1 Schedule 1A of the Local Electoral Regulations 2001
3: Section 5 roll roll of electors Single Transferable Voting section 5B .
4: New
sections 5A 5B The principal Act is amended by inserting, after section 5
5A: General description of First Past the Post electoral system
For local electoral purposes, the First Past the Post electoral system,—
a: in the case of an election, has the following features:—
i: voters may cast as many votes as there are positions to be filled:
ii: where a single position is to be filled, the candidate who receives the highest number of votes is elected:
iii: where more than 1 position is to be filled, the candidates equal to the number of positions who receive the highest number of votes are elected:
b: in the case of a poll, has the features specified in paragraph (a)
5B: General description of Single Transferable Voting electoral system
For local electoral purposes, the Single Transferable Voting electoral system,—
a: in the case of an election for multi-member vacancies, has the following features:—
i: voters express a first preference for 1 candidate and may express second and further preferences for other candidates:
ii: a quota for election is calculated from the number of votes and positions to be filled:
iii: the first preferences are counted and any candidate whose first preference votes equal or exceed the quota is elected:
iv: if insufficient candidates are elected under subparagraph (iii)
A: candidates who then reach the quota are elected; and
B: the candidate with the fewest votes is excluded:
v: the excluded candidate's votes are redistributed according to voters' further preferences:
vi: if insufficient candidates are elected under subparagraphs (iv) and (v) subparagraphs (iv) and (v)
b: in the case of an election for a mayoral or single member vacancy, has the following features:—
i: voters express a first preference for 1 candidate and may express second and further preferences for other candidates:
ii: an absolute majority of votes for election is calculated from the number of votes and positions to be filled:
iii: the first preferences are counted and, if a candidate's first preference votes equal or exceed the absolute majority of votes, that candidate is elected:
iv: if no candidate is elected under subparagraph (iii)
v: if no candidate is elected under subparagraph (iv) subparagraph (iv)
c: in the case of a poll, has the features specified in paragraphs (a) and (b)
5: Conduct of election or poll in conjunction with other election or poll
Section 18 paragraph (c)
c: the electoral officer or officers of the territorial authority or authorities that are wholly or partly within the local government area of the local authority that is not a territorial authority are responsible for—
i: issuing and receiving ordinary and special votes and other official documents; and
ii: carrying out any power or duty delegated to that officer or officers under section 12(2)(a)
iii: carrying out any power or duty that the officer or officers have been appointed or engaged to carry out under section 12(2)(b)
6: New heading and
sections 19AA 19AB The principal Act is amended by inserting, after section 19 Duties of programmers and certifiers
19AA: Duties of programmers
Every person responsible for the design of a counting program intended to implement the New Zealand method of counting single transferable votes must take all reasonable steps to ensure that the program produces outcomes that are consistent with the process specified in Schedule 1A of the Local Electoral Regulations 2001
19AB: Duties of certifiers
A counting program may not be used at an election or poll under this Act, for the purpose of implementing the New Zealand method of counting single transferable votes, unless a certifier appointed for the purpose by the Secretary for Local Government has first certified that the program produces outcomes that are consistent with the process specified in Schedule 1A of the Local Electoral Regulations 2001 .
7: Requirement for fair representation and other factors in determination of membership for wards, constituencies, and subdivisions
Section 19V(2) other than members elected by the electors of a territorial authority as a whole, if any, and
8: Ratepayer electors
Section 24(1)
a: from paragraph (a) rateable property rating unit
b: from paragraph (b)
i: the word property a rating unit
ii: the word occupied owned
9: Public notice of procedures for enrolment as ratepayer on electoral roll
Section 39(1)(b) at least 1 rates assessment delivered by the local the rates assessment or at least 1 rates invoice delivered by the territorial
10: Candidacy for ward and membership at large prohibited
Section 57B subsection (2)
2: Subsection (1)
a: as a member in a ward; and
b: as mayor of the territorial authority of which that ward forms part.
11: Early processing of votes
1: Section 79(1) territorial local
2: Section 79
4: For the purposes of this section, local authority means—
a: a territorial authority; and
b: a local authority that undertakes the processing of votes for the election to which a resolution under subsection (1) or subsection (2)
12: Scrutiny of roll
Section 83(1) or after
13: Declaration of result
Section 86(a)
14: Electoral records
Section 89(1) official
15: Extraordinary vacancy in local authority or community board
Section 117(3) ordinary meeting meeting (other than an extraordinary meeting)
16: Electoral systems
Section 140A paragraph (a)
ab: for the purposes of assisting programmers and certifiers to perform the duties imposed by sections 19AA and 19AB .
17: Conduct of elections and polls
Section 143(1)(b)(x) official
18: Schedule 1 Schedule 1
19: Consequential amendments to
Local Electoral Regulations 2001
1: In this section, the Local Electoral Regulations 2001 principal regulations
2: Regulation 4(1)
a: from the definition of First Past the Post electoral system regulation 5 section 5A of the Act
b: from the definition of Single Transferable Voting electoral system regulation 5A section 5B of the Act
3: Regulations 5 5A 90A
4: Regulation 65(1) the voting documents have been counted for a second time making the determination specified in regulation 58(3)
5: Regulation 83(1) the voting documents have been counted for a second time making the determination specified in regulation 79(3)
6: Regulation 91 paragraph (b) informal voting document any recognisable preference for any candidate the voter's unique first preference
7: Clause 1
8: Clause 37(b) a preference (other than a first preference)


1: Title
1: This Act is the Local Government Act 2002 Amendment Act 2004.
2: In this Act, the Local Government Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Meaning of council-controlled organisation and council organisation
1: Section 6(1) of the principal Act is amended by omitting from paragraph (b) council-controlled organisation organisation entity
2: Section 6(1) of the principal Act is amended by omitting from paragraph (a)(ii) council organisation organisation company
3: Section 6(1) of the principal Act is amended by omitting from paragraph (b) council organisation organisation entity
4: Section 6(2) organisation entity
5: Section 6(4) paragraph (c)
ca: a company in which a port company (within the meaning of the Port Companies Act 1988
4: Statements of intent for council-controlled organisations
Section 64(2) (3)
5: Performance monitoring
1: Section 65(1)(b) the desired results (if applicable)
2: Section 65(2) statement of intent of a council-controlled organisation
3: Section 65(2)(a) a council-controlled organisation's the
6: Annual report
Section 67(3)
7: New
section 71A The principal Act is amended by inserting, after section 71
71A: Application of Part to listed companies
1: This section applies to a council-controlled organisation if the shares of any of the following are listed on a stock exchange:
a: the-council-controlled organisation:
b: a holding company of the council-controlled organisation:
c: controlling companies of the council-controlled organisation.
2: If subsection (1)
a: have a statement of intent under section 64
b: deliver a half-yearly report under section 66
c: deliver an annual report under section 67
3: In this section,— controlling companies holding company section 5 of the Companies Act 1993
8: New
section 72 The principal Act is amended by repealing section 72
72: Application of Act to related companies
Sections 57 to 71 section 2(3) and (4) of the Companies Act 1993
9: Compliance with procedures in relation to decisions
Section 79
3: The nature and circumstances of a decision referred to in subsection (2)(c) Resource Management Act 1991
4: Subsection (3)
10: New
section 83A The principal Act is amended by inserting, after section 83
83A: Combined or concurrent consultation
1: Where this Act or any other enactment requires a local authority to use or adopt the special consultative procedure in relation to any decision or matter, it may (but is not required to) carry out the consultation at the same time as, or combined with, any other special consultative procedure that it is required to carry out under this or any other enactment.
2: This section—
a: applies except to the extent that this Act or any other enactment expressly provides otherwise; and
b: is for the avoidance of doubt.
11: Use of special consultative procedure in relation to annual plan
Section 85(2)(c) that is required by section 89 under section 89
12: Long-term council community plan
Section 93(9) subsection (4) subsection (8)
13: New heading substituted
The principal Act is amended by repealing the heading above section 137 Joint local government arrangements and joint arrangements with other entities .
14: Partnerships and joint ventures
1: Section 137 Joint local government arrangements and joint arrangements with other entities
2: Section 137 subsection (1)
1: In this section,— joint arrangement joint local government arrangement
3: Section 137(2)(b) (3) joint venture joint local government arrangement
4: Section 137(2)(a) (3) (4) partnership joint arrangement
5: Section 137(3)(c) to its policy on partnerships adopted under section 102(4)(e) (where relevant) to its policy under section 102(4)(e)
15: Special requirements for bylaws relating to trade wastes
Section 148
7: The requirements on a territorial authority under this section are in addition to the requirements on the territorial authority under section 156
16: Special consultative procedure must be used except in certain cases
Section 156(2)(a) editorial changes or amendments to clarify meaning
17: Conditions relating to power of search
Section 170(1)(b) liquor container
18: Construction of works on private land
Section 181(1) paragraph (a)
a: the supply by territorial authorities of water by means of reticulated systems: .
19: Power to restrict water supply
Section 193(1) paragraph (b)
ba: fails to comply with any bylaw of the local government organisation that relates to water, water pipes, water-works, water races, or water supply to his or her land or building; or .
20: Offences relating to water races
Section 228 paragraphs (b) (c)
b: without being authorised to be supplied with water from a water race, takes water from the supply provided to another person; or
c: is supplied with water from a water race and—
i: supplies that water to another person who is not authorised to be supplied with water from a water race; or
ii: permits another person who is not authorised to be supplied with water from a water race to take water from the water race; or .
21: Offence of failing to comply with Act
Section 238
4: In this section direction section 169(2)(d)
22: Long-term council community plan
Section 279
5: Subsections (3) and (4) subsection (1)
23: New
section 289A The principal Act is amended by inserting, after section 289
289A: Special orders on or after 1 July 2003
1: This section applies—
a: to any power that a local authority is required to exercise by special order under the Local Government Act 1974
b: to an exercise of the power on or after 1 July 2003, and before the commencement of the Local Government Act 1974 Amendment Act 2004
2: A power is to be treated as having been exercised lawfully, and as having always been exercised lawfully, if subsection (3) or subsection (4)
3: This subsection is complied with if—
a: the power has been exercised in accordance with the special order procedure in the Local Government Act 1974 Local Government Act 2002
b: the decision to exercise the power was made in accordance with sections 76 to 83 of the Local Government Act 2002
4: This subsection is complied with if—
a: the power has been exercised in accordance with the special consultative procedure in the Local Government Act 2002
b: the decision to exercise the power was made in accordance with sections 76 to 83 of the Local Government Act 2002
24: Schedule 3 Clause 57(3) sections 31 to 33 sections 44 to 46
25: Schedule 6 Clause 5(l)(b) ordinary
26: Schedule 7
1: Clause 5(1)(d) ordinary meetings meetings (other than extraordinary meetings)
2: Schedule 7 clause 10
10: Levy regulations for Remuneration Authority costs
1: The Governor-General may, by Order in Council (made on the recommendation of the Minister), make regulations prescribing the method by which the Minister responsible for the Remuneration Authority may levy local authorities an annual amount for the purpose of recovering the costs in the previous financial year of the Remuneration Authority, in making determinations under clause 6
2: Regulations made under subclause (1)
a: must specify—
i: the date by which the Minister responsible for the Remuneration Authority must set the levy; and
ii: the basis on which the amount of the levy is to be calculated for each local authority; and
iii: when the levy must be paid; and
iv: how the levy is to be notified and collected; and
b: may provide for—
i: the deduction of over-recoveries for a financial year from a levy payable in subsequent financial years; and
ii: the addition of under-recoveries for a financial year to a levy payable in a subsequent year.
10A: Minister responsible for Remuneration Authority to set levy
1: The Minister responsible for the Remuneration Authority may, in each financial year, set a levy on local authorities in accordance with any regulations made under clause 10
2: The levy comes into effect on the 28th day after the date on which the Minister responsible for the Remuneration Authority notifies in the Gazette
a: his or her intention to set the levy; and
b: the amount of levy payable by each local authority.
3: The Minister responsible for the Remuneration Authority must notify the Minister of the information required under subclause (2)
4: A local authority must pay a levy set under this clause; and any amount of unpaid levy is recoverable in a court of competent jurisdiction by the Crown as a debt due.
3: Clause 19(4) ordinary
4: Clause 19(5) an ordinary a
5: Clause 19(6) ordinary
6: Clause 21(5)(d) ordinary
7: Schedule 7 clause 24
24: Voting
1: The acts of a local authority must be done, and the questions before the local authority must be decided, at a meeting by—
a: vote; and
b: the majority of members that are present and voting.
2: For the purposes of subsection (1)
a: has a deliberative vote; and
b: in the case of an equality of votes, does not have a casting vote (and therefore the act or question is defeated and the status quo is preserved).
3: An act or question coming before the local authority must be done or decided by open voting.
4: Subsections (1) and (2)
a: this Act provides otherwise; or
b: the standing orders of the local authority expressly provide otherwise.
8: Clause 25 subclauses (2) (3)
2: If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:—
a: the voting system in subclause (3) system A
b: the voting system in subclause (4) system B
3: System A—
a: requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and
b: has the following characteristics:—
i: there is a first round of voting for all candidates; and
ii: if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and
iii: if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and
iv: in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
4: System B—
a: requires that a person is elected or appointed if he or she receives more votes than any other candidate; and
b: has the following characteristics:
i: there is only 1 round of voting; and
ii: if 2 or more candidates tie for the most votes, the tie is resolved by lot.
9: Clause 26(6)
a: the word are is
b: the words deputy chairperson mayor or chairperson
10: Clause 30(8) (subject to the law applicable to the committees of that other local authority or public body)
11: Clause 30 subclauses (9) (10)
9: This Part applies to a joint committee except that—
a: the powers to discharge any individual member and appoint another in his or her stead must be exercised by the local authority or public body that made the appointment; and
b: the quorum at a meeting consists of—
i: half of the members if the number of members (including vacancies) is even; or
ii: a majority of members if the number of members (including vacancies) is odd; and
c: the committee may appoint and remove its own chairperson or deputy chairperson.
10: For the purposes of a public body that is not a local authority, subclauses (8) and (9)
12: Clause 32(1)(g)
13: Clause 32(3) that makes the original
14: Schedule 7 clause 32
32A: Delegation of power to issue warrants to enforcement officers
1: A local authority may delegate to a committee or member or officer of the local authority the power to issue warrants to enforcement officers.
2: A delegation under subclause (1)
a: limit or restrict the exercise of the power; or
b: impose conditions on the exercise of the power; or
c: prohibit, in specified circumstances, the exercise of the power.
3: The local authority must determine the matters in subclause (2) subclause (1)
4: Clause 32(2) to (8)
32B: Delegation of powers by officer
1: An officer of a local authority may delegate to any other officer of the local authority 1 or more of his or her powers under this Act or any other enactment except—
a: the power to delegate under this section; or
b: any power delegated to the officer under clause 32
c: any power under an enactment where the enactment expressly prohibits the delegation of the power.
2: An officer acting under subclause (1)
3: An officer to whom any responsibilities, powers, or duties are delegated may, without confirmation by the officer that made the delegation, exercise or perform them in the like manner and with the same effect as if the officer who made the delegation could himself or herself have exercised or performed them.
4: To avoid doubt, no delegation relieves the officer of the liability or legal responsibility to perform or ensure performance of any function or duty.
27: Schedule 10
1: Clause 4 in which the local authority is a shareholder
2: Clause 16 in which the local authority is a shareholder
28: Schedule 15
1: Clause 17(1)(b) on the chairperson or on on the mayor, chairperson, or
2: Clause 17(2)
3: Clause 17(4) make, levy, and recover rates and charges within the district set, assess, and collect rates and charges within the district or region
4: Clause 24(4)
5: Clause 24(5) made the special order, special resolution, or used the special consultative procedure or made a
6: Clause 24(6) make, levy, and recover rates, charges, and assessments within the district and any out-district and to expend the proceeds of the rates, charges, and assessments set, assess, and collect rates and charges within the district or region and expend the proceeds of the rates and charges
29: Schedule 16
1: Schedule 16 Land Transfer Act 1952
2: Schedule 16 Reserves Act 1977 Repeal the second proviso to section 92(2)
30: Consequential amendment to
Summary Proceedings Act 1957 Part 2 Summary Proceedings Act 1957 Local Government Act 1974 Local Government Act 2002 232(2) Wilful or malicious destruction, damage, stopping, obstruction, or interference with works or property vested in, or under the control of, a local authority
31: Consequential amendments to
District Courts Rules 1992 The District Courts Rules 1992


1: Title
1: This Act is the Local Government Act 1974 Amendment Act 2004.
2: In this Act, the Local Government Act 1974 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) local authority local authority section 5(1) of the Local Government Act 2002 .
2: Section 2(1) regional council regional council
a: has the same meaning as in section 5(1) of the Local Government Act 2002
b: includes, in Part 39A and sections 684B to 684F
3: Section 2(1) special consultative procedure special consultative procedure section 83 of the Local Government Act 2002 .
4: Section 2(1) special order
5: Section 2(1) territorial authority territorial authority section 5(1) of the Local Government Act 2002
4: Property in roads
Section 316 subsections (2) (3)
2: At the request of Transit New Zealand, a council may accept or relinquish its property, or any part of its property, in a State highway.
3: If a council acts under subsection (2)
a: the property in the State highway vests in the council or in the Crown (as the case may be) without any instrument of transfer; and
b: on presentation of an authenticated copy of the relevant resolution, the Registrar-General of Land must alter the register accordingly.
5: New
section 319A The principal Act is amended by repealing section 319A
319A: Naming of roads
If the council names any road for the first time, or alters the name of a road, the council must as soon as practicable send a copy of the relevant resolution to the Registrar-General of Land and the Surveyor-General.
6: Section 320 Section 320
7: Road gradients
1: Section 329(1)(b) special order made by resolution of
2: Section 329(1)(c) special order resolution of the council
8: Erection of monuments, etc, and provision of facilities on or under roads
Section 334(1) to which a special order under section 336 of this Act that has been declared a pedestrian mall under section 336
9: New
section 336 The principal Act is amended by repealing section 336
336: Pedestrian malls
1: A council may, by using the special consultative procedure,—
a: declare a specified road or part of a specified road to be a pedestrian mall; and
b: prohibit or restrict the driving, riding, or parking of any vehicle, or the riding of any animal, on all or any portion of the pedestrian mall either—
i: generally; or
ii: during particular hours.
2: A declaration—
a: may include exemptions and conditions; and
b: does not take effect until—
i: the time for appealing under subsection (3)
ii: any appeals have been determined under subsection (4)
3: Any person may, within 1 month after the making of a declaration, or within such further time as the Environment Court may allow, appeal to the Environment Court against the declaration.
4: The appeal must be made and determined by the Environment Court in accordance with the Resource Management Act 1991
5: The decision of the Environment Court under subsection (4)
6: Subsections (2)(b) and (3) to (5) Resource Management Act 1991
7: Every person commits an offence who drives, rides, or parks any vehicle or rides any animal, or causes or permits any vehicle to be driven, ridden, or parked or any animal to be ridden, in contravention of a declaration (including a declaration modified by the Environment Court).
8: A declaration (including a modified declaration) may be revoked or varied by a subsequent declaration using the procedure in subsection (1)
9: For the purposes of subsection (1) section 83(1)(e) of the Local Government Act 2002 subsection (3)
10: In this section,— parking road vehicle section 2(1) of the Land Transport Act 1998
10: Council may grant right to lay petroleum conduit pipes along or under road
Section 338(1) , pursuant to a special order,
11: Disposal of land not required for road
Section 345(1)(a) , pursuant to a special order,
12: Declaration and revocation of limited access roads
Section 346A from time to time, by special order,
13: Council may declare private road or right of way to be public road
1: Section 349(1) , by special order,
2: Section 349(3)
14: Establishment or abolition of toll gates at bridges, tunnels, and ferries
Section 361(1)(a) special order using the special consultative procedure
15: Council may cover in watercourse so as to make it a public drain
Section 446 subsections (5) to (9)
5: Before undertaking any work under this section the council must—
a: prepare a statement of proposal in relation to the work that includes—
i: a description of the work; and
ii: the reasons for the work; and
iii: an explanation of the procedure under subsection (7)
iv: when and where the council will vote on a motion to undertake the work; and
v: any other information that the council identifies as relevant; and
b: make the statement of proposal available in a way appropriate to the subject-matter of the proposal; and
c: produce a summary of proposal that—
i: is a fair representation of the major matters in the statement of proposal; and
ii: explains how the statement of proposal is avail-able for inspection; and
d: publicise the summary of proposal in a way appropriate to the subject-matter of the proposal.
6: The council must not vote on a motion to undertake the proposed work until at least 20 working days after the summary of proposal is first publicised under subsection (5)(d)
7: An owner or occupier of land who may be affected by the work may apply to a District Court for an order under subsection (8) subsection (5)(d) and 10 subsection (6)
8: The Court may make an order or orders—
a: setting a date before which the council may not under-take the work:
b: allowing the council to undertake the work with or without modification:
c: prohibiting the council from undertaking the work.
9: Despite subsections (5) to (8)
16: New
sections 504 to 505C The principal Act is amended by repealing sections 504 505
504: Declarations in relation to drainage areas
1: A council may, for the purpose of land drainage work, declare—
a: all of its district to be a drainage area:
b: part of its district to be a drainage area:
c: 2 or more contiguous drainage areas to be a drainage area:
d: the boundaries of a drainage area to be altered.
2: A declaration must—
a: define the relevant area; and
b: assign a name to the drainage area; and
c: fix the day on which the declaration takes effect.
3: A council may make a declaration only if—
a: a demand for a poll of electors is taken in accordance with sections 505 and 505A
b: a petition complying with section 505B
4: Before making a declaration, a council must—
a: prepare a statement of proposal in relation to the declaration that includes—
i: a draft of the declaration; and
ii: a statement of the reasons for proposing to make the declaration; and
iii: an explanation of the procedure—
A: to demand a poll under section 505
B: to petition the council under section 505B
iv: when and where the council will vote on a motion to make the declaration; and
v: any other information that the council identifies as relevant; and
b: make the statement of proposal available in a way appropriate to the subject matter of the proposal; and
c: produce a summary of proposal that—
i: is a fair representation of the major matters in the statement of proposal; and
ii: explains how the statement of proposal is available; and
d: publicise the summary of proposal in a way appropriate to the subject-matter of the proposal.
5: The council must not vote on a motion to make the declaration until at least 20 working days after the summary of proposal is first publicised under subsection (4)(d)
505: Procedure for demanding poll
1: For the purposes of section 504(3)(a)
a: the council resolves that a poll be taken; or
b: 15% or more of the electors in the relevant area demand a poll, and a document containing the demands is delivered to the principal office of the council at least 3 working days before the date referred to in section 504(5)
2: An elector has demanded a poll if he or she—
a: signs a document which clearly expresses that he or she demands a poll on whether the council should make the proposed declaration under section 504(1)
b: states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—
i: he or she is an elector; and
ii: the given address is in the relevant area.
505A: Poll on proposed declaration
1: A council must conduct a poll on the proposed declaration under section 504(1) section 505(1)
2: The poll must be conducted in accordance with the Local Electoral Act 2001
505B: Petition to make declaration
1: A petition for a declaration is made under section 504(3)(b)
a: a majority of the electors in the relevant area petition the local authority to make the proposed declaration under section 504(1)
b: a document containing the petitions is delivered to the principal office of the council at least 1 working day before the date referred to in section 504(5)
2: An elector has validly petitioned if he or she—
a: signs a document which clearly expresses that he or she petitions the council to make the proposed declaration under section 504(1)
b: states, against his or her signature, his or her name and address with sufficient accuracy to determine whether—
i: he or she is an elector; and
ii: the given address is in the relevant area.
505C: Relevant area for polls and petitions
In sections 504 to 505B
a: in the case of a declaration under section 504(1)(a)
b: in the case of a declaration under section 504(1)(b)
c: in the case of a declaration under section 504(1)(c)
d: in the case of a declaration under section 504(1)(d)
i: any part of a drainage area that would be excluded from the drainage area as a result of the boundary changes; and
ii: any part of the district that would be included in the drainage area as a result of the boundary changes.
17: Subdivision of areas
Section 506 , by special order,
18: Revocation of special orders constituting drainage areas and water-race areas
1: The heading to section 517ZJ special orders resolutions
2: Section 517ZJ(1)(a) special order resolution
3: Section 517ZJ(2) by special order
19: Power of territorial authority to reconstitute land drainage or water-race areas
Section 517ZM(1) by special order,
20: Fire hydrants
Section 647(1) Part 23 of this Act section 130 of the Local Government Act 2002
21: Consequential amendment to
Health Act 1956 Section 25(5)(b) Health Act 1956 make a special order under section 27 of this Act raise a loan under section 27(2)
22: Consequential amendments to
Public Bodies Leases Act 1969
1: Section 23C(1) Public Bodies Leases Act 1969 , pursuant to a special order,
2: Section 24(1) Public Bodies Leases Act 1969 or as to the making of a special order


1: Title
1: This Act is the Local Government Official Information and Meetings Amendment Act 2004.
2: In this Act, the Local Government Official Information and Meetings Act 1987 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Availability of agendas and reports
Section 46A(7) Subject to subsection (7A) of this section An item that is not on the agenda for a meeting may be dealt with at the meeting if
4: New
section 51A The principal Act is amended by repealing section 51A
51A: Public notification of resolution at extraordinary meeting
1: A local authority must, as soon as practicable, publicly notify any resolution passed at an extraordinary meeting of the local authority unlessâ€”
a: the resolution was passed at a meeting or part of a meeting from which the public was excluded; or
b: the extraordinary meeting was publicly notified at least 5 working days before the day on which the meeting was held.
2: For the purposes of this section, resolution means the resolution on the matter or matters for which the extraordinary meeting was held.


1: Title
1: This Act is the Local Government (Rating) Amendment Act 2004.
2: In this Act, the Local Government (Rating) Act 2002 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Non-rateable land liable for certain rates
Section 9(a) waste refuse
4: New
sections 28A to 28D The principal Act is amended by inserting, after section 28
28A: inspection of complete rating information database
1: In this section, and sections 28B to 28D
a: that the local authority must make available under subsection (2)
b: that contains the information required under subsection (3)
2: For the purpose of inspecting any information in relation to a particular rating unit, a copy of the local authority's complete rating information database must be—
a: available to any person—
i: at the principal public office of the local authority; and
ii: during office hours; and
b: accessible to the person by the person—
i: accessing the database by himself or herself; or
ii: requesting an officer of the local authority to provide the information.
3: The rating information database made available under subsection (2)
a: the name of the owner of the rating unit; and
b: the postal address of the owner of the rating unit.
4: The local authority may make the database or any part of it available at any other office of the local authority, but only in the same manner as it is accessible by people at the principal public office.
5: No fee is payable for inspecting any database made available under this section, but a person may be charged a reasonable fee for being supplied with a copy of the particulars.
6: For the avoidance of doubt, a person may make, at the same inspection of the database, a series of requests about particular rating units, as long as the requests are—
a: related; and
b: for purposes other than for the bulk collection of the names or postal addresses (or both) of people included in the database.
7: This section—
a: overrides sections 27(3) and 28
b: is modified by section 28D
28B: Local authority must inform owners of right to withhold certain information from database
The local authority—
a: must, by written notice, inform every owner included in its rating information database, annually, that he or she has the right under section 28C
b: may give the written notice in conjunction with any other rates information the local authority is required to provide.
28C: Owner entered on database may require local authority to withhold information from database
1: An owner whose particulars are included on the database may request the local authority to withhold his or her name or postal address (or both) from the database.
2: An owner who makes a request under subsection (1)
a: must make the request in writing; but
b: is not required to provide reasons for the request.
3: On receipt of a request, the local authority must, as soon as practicable,—
a: remove the relevant particulars from the database; and
b: notify the owner who made the request of the removal of his or her particulars.
4: An owner whose particulars have been removed from the database may, at any time by written notice, revoke the request. The local authority must then, as soon as practicable, restore those particulars to the database.
28D: Transitional provision for local authority to establish database
1: Every local authority must make available for inspection its first database before 31 December 2005.
2: For the purposes of this section, each local authority must inform every owner included in its rating information database of the right of the owner to request the withholding of his or her name or postal address (or both) from the database.
3: The notice under subsection (2)
a: must be in writing; and
b: must be made before 31 October 2005; and
c: may be made in conjunction with any other rates information the local authority is required to provide.
5: Inspection of rates records
1: Section 38(1) paragraph (d)
d: a solicitor, a person (not being a lawyer) who provides conveyancing services, a real estate agent, or any other person, who—
i: is a party to (or acting as an agent for a party to) a transaction relating to the rating unit; and
ii: reasonably requires the information in the rates record for the purposes of the transaction: .
2: Section 38
3: For the purposes of this section, a local authority may request from a person, by any reasonable means that the local authority considers appropriate, confirmation that he or she—
a: falls within the class of people described in subsection (1)(d)(i)
b: reasonably requires the information in the rates record for the purposes of subsection (1)(d)(ii)
6: Enforcement of judgment
Section 67(2)(a) principal administrative officer chief executive officer
7: Application of proceeds of rating sale or lease
1: Section 75(d) section 66 section 65
2: Section 75(g) section 66 section 65
8: New
section 90 The principal Act is amended by repealing section 90
90: Postponed rates may be registered as charge on rating unit
1: A local authority may register a notice of charge on a rating unit if the local authority has postponed the requirement to pay rates for the rating unit under section 87(1)
2: If subsection (1)
a: a charge on the rating unit is created for the amount owing from time to time to the local authority under section 87(2)
b: except with the consent of the local authority, the Registrar must not register any dealing by the owner of the rating unit, of the land comprising the rating unit.
3: A notice of charge must—
a: be signed by the chief executive of the local authority; and
b: identify—
i: the rating unit (for example, by its street address or rates record identifier); and
ii: the land comprising the rating unit; and
iii: the owner of the rating unit; and
c: give a summary of how the amount of the charge is determined under section 87(2)
4: A local authority must register a notice of release of charge if all postponed rates for a rating unit are paid.
5: A notice of release of charge must—
a: be signed by the chief executive officer of the local authority; and
b: identify the notice of charge to which it relates.
6: For the purposes of subsection (3)(b)(ii)
a: in the case of land for which there is a certificate of title (as defined in section 5A of the Rating Valuations Act 1998 section 5C(7) of the Rating Valuations Act 1998
b: in any other case, by a description adequate for the purposes of this section which may include a plan.
7: For the purposes of this section, Registrar
9: Delegation
Section 132(1)(a) principal administrative officer chief executive officer
10: Evidence of certain matters
Section 135(2) principal administrative officer chief executive officer
11: Transitional provision for rates remission
Section 139 subsection (2)
2A: Despite subsection (2) Rating Powers Act 1988
12: Schedule 5 Part 3 Local Government (Electoral) Regulations 1992
13: Consequential amendment to
Resource Management Act 1991 Clause 5(1A)(a) Resource Management Act 1991 person whose name for the time being appears in the occupier's column of the valuation roll ratepayer
14: Consequential amendments to
Local Electoral Regulations 2001
1: In this section, the Local Electoral Regulations 2001 the principal regulations
2: Regulation 15
a: omitting from paragraph (a) an occupier of a separately rateable property a ratepayer of a rating unit
b: repealing paragraph (b)
b: that any organisation, body, society, or association (whether corporate or unincorporate), or any joint owners, that are ratepayers in respect of a rating unit may nominate as a ratepayer elector any member or officer of the organisation, body, society, or association, or 1 of the joint owners, as long as the person nominated is registered as a parliamentary elector for an address that is outside the local government area in which the rating unit is situated; and ; and
c: omitting from paragraph (d) no matter how many properties are owned within that area even if more than one rating unit is owned in that area
3: Regulation 16(1) occupier or occupiers of each separately rateable property ratepayer or ratepayers of each rating unit
4: Regulation 16 subclause (2)
2: The ratepayer or ratepayers of any rating unit may, at any time in the period specified in regulation 10(2)
5: Regulation 16(3) occupiers of a separately rateable property ratepayer of a rating unit
6: Regulation 17(1)(a)(ii) property rating unit
7: Regulation 18
a: omitting from subclause (1)
i: the words occupies any separately rateable property within the meaning of the Rating Powers Act 1988 is the ratepayer of a rating unit
ii: the words the property the rating unit
b: omitting from subclause (2)
i: the words jointly occupy any separately rateable property within the meaning of the Rating Powers Act 1988 are ratepayers for a rating unit may nominate 1 of those ratepayers
ii: the words the property the rating unit
c: omitting from subclause (3) property rating unit
d: omitting from subclause (4) occupiers, own 2 or more separately rateable properties within the region, district, or community, the organisation, body, society, or association, or the joint occupiers owners, own 2 or more rating units within the region, district, or community, the organisation, body, society, or association, or the joint owners
e: omitting from subclause (5) occupiers owners
8: Regulation 19(2) separately rateable property of which the applicant is an occupier rating unit of which the applicant is a ratepayer
9: The principal regulations are amended by repealing Schedule 1