Governor-General Act 2010

1: Title
This Act is the Governor-General Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Provisions relating to remuneration, programme funding, and other payments concerning office of Governor-General
Preliminary provisions
3: Act binds the Crown
This Act binds the Crown.
4: Interpretation
In this Act, unless the context otherwise requires,— authorised person section 16 family member
a: a spouse or partner:
b: a child—
i: who is being maintained as a member of the person's family; and
ii: in respect of whom the person either is the sole or principal provider of ongoing daily care for the child or shares ongoing daily care of the child substantially equally with another person; and
iii: who is under 18 years of age; and
iv: who is not living with another person in a marriage, civil union, or de facto relationship financial year section 2(1) partner Salary, allowance, annuity, and other payments
5: Salary of Governor-General
1: The Governor-General must be paid a salary at a rate determined from time to time by the Remuneration Authority.
2: A determination made under this section comes into force on the date specified in the determination, which may be a date that is before, on, or after the date the determination is made.
3: The salary of the Governor-General is payable for the period—
a: starting on the earlier of the following dates:
i: a date agreed between the appointee and the Prime Minister:
ii: the date on which the appointee takes up the duties of the office; and
b: ending on the date on which that person no longer holds office as Governor-General.
4: The salary of the Governor-General must not be reduced during the Governor-General's term of office.
5: A determination under this section is secondary legislation ( see Part 3 1979 No 33 s 3(1)(a), (2), (3), (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 is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 5(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
6: Allowance of Governor-General
1: The Governor-General must be paid an allowance, at a rate fixed from time to time by Order in Council, for official expenses.
2: The allowance is payable for the period—
a: starting on the earlier of the following dates:
i: a date agreed between the appointee and the Prime Minister:
ii: the date on which the appointee takes up the duties of the office; and
b: ending on the date on which that person no longer holds office as Governor-General.
3: An Order in Council made under this section comes into force on the date specified in the order, which may be a date that is before, on, or after the date the order is made.
4: An Order in Council under this section is secondary legislation ( see Part 3 1979 No 33 s 3(1)(b), (2), (3), (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 is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 6 $39,656 per annum is the allowance payable under this section 15 February 2024 clause 3 Governor-General (Allowance) Order 2024 Section 6(4) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
7: Sum payable after office of Governor-General becomes vacant
When a person ceases to hold office as Governor-General (other than by reason of death), he or she must be paid a gross lump sum equivalent to the gross salary payable for the last 6 months during which he or she held office. 1979 No 33 s 3(4)
8: Annuity for former Governor-General
1: This section applies to a person who has held the office of Governor-General.
2: If a person to whom this section applies held office as Governor-General for a total period of less than 2 complete years, he or she must be paid an annuity at a yearly rate determined from time to time by the Remuneration Authority.
3: If a person to whom this section applies held office as Governor-General for a total period of 2 complete years or more, he or she must be paid an annuity at a yearly rate, determined from time to time by the Remuneration Authority, for each complete year (not exceeding 5 years) of that total period.
4: The annuity is payable from the date that is 6 months after the date on which the person ceased to hold office as Governor-General.
5: A determination made under this section comes into force on the date specified in the determination, which may be a date that is before, on, or after the date the determination is made.
6: A determination under this section is secondary legislation ( see Part 3 1979 No 33 s 4(1), (3)–(7) 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 is not disallowable because an exemption applies under Schedule 3 LA19 s 115(d) Sch 3 This note is not part of the Act. Section 8(6) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
9: Annuity for spouse or partner of former Governor-General
1: If a person to whom section 8
2: If a Governor-General dies while in office, the surviving spouse or partner of that person must be paid an annuity at half the yearly rate at which the annuity would have been payable to that person under section 8
3: The annuity under subsection (1) or (2) is payable from the date of death of the person who held office as Governor-General until the spouse or partner dies. 1979 No 33 s 4(2)–(7)
10: Compensation for lost or adversely affected superannuation rights
1: Subsection (2) applies if a person is appointed to the office of Governor-General and, because of the person's acceptance of that office, the superannuation rights of the person who is appointed to the office, or the superannuation rights of the spouse or partner of that person, have been lost or otherwise adversely affected.
2: From the date on which the person appointed to the office of Governor-General ceases to hold that office, compensation must be paid to that person, or to the surviving spouse or partner of that person, of a sum or an annuity, or both, provided for in a written agreement made between that person and the Minister of Finance before that person assumed office as Governor-General.
3: An agreement made between the person appointed to the office of Governor-General and the Minister of Finance for the purposes of this section has effect according to its tenor and—
a: may provide for the payment of contributions by the Governor-General; and
b: if it provides for the payment of an annuity, may provide for any annuity payable under section 8 9 1979 No 33 s 5
11: Payments in respect of other benefits and privileges
1: The terms of the appointment of a person as Governor-General may include an agreement for that person and his or her spouse or partner to be provided with specified benefits or privileges by way of payments in respect of domestic travel and the use of chauffeured cars when he or she no longer holds office as Governor-General.
2: A statement setting out the details of any benefits or privileges paid to or in respect of any former Governor-General under an agreement made under subsection (1) or an agreement referred to in section 28(1)(d) section 45B(2)
3: The statement must show all of the expenses incurred to provide the benefits or privileges. 1979 No 33 s 25(1)(a), (f)
12: Permanent appropriation for salary, allowance, annuities, etc
Expenses may be incurred, without further appropriation than this section, to meet—
a: the salary under section 5 and compulsory remuneration-related payments
b: the allowance under section 6
c: the lump sum under section 7
d: the annuities under sections 8 9
e: compensation under an agreement made under section 10
f: specified benefits and privileges under an agreement made under section 11(1)
g: specified benefits and privileges under an agreement referred to in section 28(1)(d) 1979 No 33 s 2 Section 12(a) amended 26 March 2015 section 4 Governor-General Amendment Act 2015 Funding for Governor-General's programme
13: Governor-General's programme
Expenses may be incurred, without further appropriation than this section, to meet the costs of the Governor-General carrying out his or her duties of office in New Zealand (such as the costs of, and incidental to, travel of the Governor-General, staff of the Governor-General, and his or her family members, and the cost of hosting functions and events, as part of the Governor-General's programme). 1979 No 33 ss 2 6
14: Governor-General's travel outside New Zealand
Expenses may be incurred, without further appropriation than this section, to meet the costs of—
a: the Governor-General carrying out any of his or her duties of office outside New Zealand (such as the costs of, and incidental to, international travel of the Governor-General, staff of the Governor-General, and his or her family members); and
b: travel of the Governor-General designate, his or her family members, and staff of the incumbent Governor-General, for the purpose of the Governor-General designate having an audience with the Sovereign. 1979 No 33 ss 2 6 Administrator of the Government
15: Salary and expenses of Administrator
If the Chief Justice, or the next most senior Judge of the New Zealand judiciary who is able to act, acts as the Administrator of the Government, that person continues to receive the salary of his or her judicial office in respect of the period for which that person acts as the Administrator of the Government. 1979 No 33 s 8
2: Miscellaneous provisions
Conflicting claims
16: Conflicting claims
1: If more than 1 person claims to be entitled to an annuity under section 9
a: whether more than 1 person is entitled to the annuity; and
b: if so, the proportion of the annuity payable to each person entitled to it.
2: If more than 1 person is entitled to an annuity, the total annuity paid to the persons entitled to it must not exceed the amount that would have been paid if only 1 person were entitled to it. 1979 No 33 s 27(1), (2)(a), (4)
17: Appeal against decision of authorised person
1: If a person who claims to be entitled to an annuity under section 9 section 16
2: The High Court Rules 2016 sections 126 to 130 section 124
3: The provisions of the Senior Courts Act 2016 1979 No 33 s 27(5)–(7) Section 17(2) replaced 1 March 2017 section 261 District Court Act 2016 Section 17(3) amended 1 March 2017 section 183(b) Senior Courts Act 2016 Amendments to Civil List Act 1979
18: Amendments to Civil List Act 1979
Sections 19 20 Civil List Act 1979 2010-11-23 Civil List Act 1979
19: Part 1 repealed
Part 1
20: Appropriation of money for benefits and privileges
1: Section 25(1)(a)
2: Section 25(1)(f) (a), Amendment to Goods and Services Tax Act 1985
21: Amendment to Goods and Services Tax Act 1985
1: This section amends the Goods and Services Tax Act 1985
2: Section 6(3)(c)(i) or the Governor-General Act 2010 2010-11-23 Goods and Services Tax Act 1985 Amendments to Income Tax Act 2007
22: Amendments to Income Tax Act 2007
Sections 23 to 25 Income Tax Act 2007 2010-11-23 Income Tax Act 2007
23: New section CW 16 substituted
Section CW 16
CW 16: Allowance of Governor-General and other benefits and privileges
The following are exempt income:
a: the allowance of the Governor-General, paid under section 6 Governor-General Act 2010
b: any benefit or privilege provided under an agreement made under section 11(1) Governor-General Act 2010 section 28(1)(d)
24: Salary or wages
1: The heading above section RD 5(5) members of Parliament and Governor-General, members of Parliament, and
2: Section RD 5(5)
aa: salary made to the Governor-General:
3: Section RD 5
5B: A payment to a person made under section 7 Governor-General Act 2010
25: Definitions
The definition of employment section YA 1 a member of Parliament or the Governor-General, a member of Parliament, or Transitional and savings provisions in respect of incumbent Governor-General
26: Continuation of incumbent Governor-General's entitlements
1: This section applies to the person who held the office of Governor-General immediately before the commencement of this Act (the incumbent Governor-General
2: The incumbent Governor-General's entitlements and position in respect of salary, allowance, lump sum on leaving office, compensation for lost or adversely affected superannuation rights, and travelling expenses are as if this Act had not been passed.
27: Annuities payable in respect of incumbent Governor-General
To avoid doubt, the annuities payable in respect of the incumbent Governor-General and his or her spouse or partner after the incumbent Governor-General ceases to hold office as Governor-General are payable in accordance with this Act. Validation provisions
28: Validations
1: Nothing in this Act affects the validity of any of the following made before the commencement of this Act:
a: an Order in Council made under section 3
b: a determination made by the Remuneration Authority under section 3 4
c: an agreement made under section 5
d: an agreement, as part of the terms of appointment of a person as Governor-General, for that person to be provided with specified privileges or benefits (whether by way of domestic air travel, the use of chauffeured cars, or any other benefit or privilege) when that person no longer held office as Governor-General.
2: Despite anything in this Act, every annuity in respect of which a determination by the Remuneration Authority has been made under section 4(1) section 8
3: Despite anything in this Act, every annuity in respect of which a determination by the Remuneration Authority has been made under section 4(2) section 8


1: Title
This Act is the Rugby World Cup 2011 (Empowering) Act 2010.
2: Commencement
1: Sections 1 2 Parts 1 2 6
2: Parts 3 5
3: Part 4
1: Preliminary provisions
3: Purpose and overview
1: The purpose of this Act is to enable applications to be determined expeditiously for activities or facilities reasonably necessary for the proper conduct of the Rugby World Cup 2011.
2: To that end, this Act—
a: establishes the Rugby World Cup Authority under Part 2
b: provides for its role as an approval authority under Part 3
i: to determine applications for approvals and test approvals for activities and facilities; and
ii: to make declarations and test declarations of specified activities or facilities, or class of activity or facility, as Rugby World Cup permitted activities; and
c: under Part 4
i: empowers the making of regulations, subject to a recommendation of the Authority, to declare an activity, facility, or class of activity or facility as a Rugby World Cup permitted activity in circumstances of urgency that, for good reason, were not foreseen; and
ii: empowers the Minister, subject to a recommendation of the Authority, to grant urgent approvals for activities and facilities in circumstances of urgency that, for good reason, were not foreseen; and
d: provides, in Part 5
4: Interpretation
In this Act, unless the context otherwise requires,— activity
a: a use, trade, business, occupation, and service; and
b: as relevant, a proposed activity administrative secretariat section 17 ancillary events
a: means events scheduled in support of the Rugby World Cup 2011 tournament, whether or not they are sporting events, wherever they occur, and irrespective of who organises them; and
b: includes events such as the live public screening of a game that is part of the tournament application approval
a: means any type of approval that could be granted, given, or authorised by or under an enactment; and
b: includes a consent, licence, right, authorisation, permit, dispensation, exemption, waiver, and any other type of approval; but
c: to avoid doubt, does not include a Rugby World Cup liquor licence Authority section 10 chairperson section 13(2) change of conditions
a: to amend a condition:
b: to cancel a condition:
c: to impose a new condition condition declaration
a: by the Authority under Part 3
b: by Order in Council under subpart 1 of Part 4 district section 5 environment section 2 facility land local authority section 5 Minister notice of determination
a: a copy of any determination made by the Authority on an application for an approval or a declaration; or
b: a notice summarising such a determination panel section 14 public notice
a: means a notice published by the Authority on an Internet site to which members of the public have free access; and
b: includes notice given by other means in accordance with a direction of the Authority region section 5 relevant statutory person or body Rugby New Zealand 2011 Limited
a: is incorporated in New Zealand, is jointly owned by the New Zealand Rugby Union Incorporated and the Crown, and has its principal place of business in Wellington, New Zealand; and
b: is responsible to Rugby World Cup Limited for the planning, operational, and delivery requirements of the Rugby World Cup 2011 tournament Rugby World Cup 2011
a: means the Rugby World Cup 2011 tournament; and
b: includes all ancillary events Rugby World Cup 2011 tournament tournament
a: mean the seventh quadrennial international rugby world championship scheduled to be held in New Zealand in 2011; and
b: include each of the games that constitute that tournament Rugby World Cup Limited Rugby World Cup liquor licence licence section 61 Rugby World Cup permitted activity service section 96 ship section 61 statutory person or body statutory planning instrument structure
a: a partially built structure; and
b: any part of a structure; and
c: a temporary structure or any part of such structure test approval or declaration section 20(5) test event section 20(5) tournament venue urgent approval subpart 1 of Part 4 Limitations to application of this Act and certain other Acts
5: Limits to application of this Act
1: This Act does not limit or affect—
a: the Biosecurity Act 1993
b: the Burial and Cremation Act 1964
c: the Civil Defence Emergency Management Act 2002
d: the Coroners Act 2006
e: the Food Act 1981
f: the Hazardous Substances and New Organisms Act 1996
g: the Health Act 1956
2: Part 3
a: the Building Act 2004
b: the Gambling Act 2003
c: the transport legislation.
3: Parts 3 4
4: In this section, transport legislation
a: the Civil Aviation Act 1990
b: the Land Transport Act 1998
c: the Land Transport Management Act 2003
d: the Maritime Security Act 2004
e: the Maritime Transport Act 1994
f:
g: the regulations and rules made under any of those Acts. Section 5(4)(f) repealed 13 June 2013 section 72 Land Transport Management Amendment Act 2013
6: Limits to application of Building Act 2004
1: This section applies only—
a: to a household unit within a building that—
i: since 1 June 2001, has been approved, in part or as a whole, for use as household units under the Building Act 2004
ii: is in an area of New Zealand that has reasonable access to a tournament venue; and
b: if, for the nominated period, the owner or person responsible for the household unit—
i: provides and displays, in accordance with regulations made under this Act, an evacuation notice and information on how to call emergency services; and
ii: ensures that a smoke alarm is at all times installed in the household unit and is in good working order.
2: Despite section 5(2)(a) sections 114 115
3: In this section,— household unit section 7 nominated period transient accommodation
7: Application for status as major maritime event in relation to certain ancillary events
1: This section applies to an activity or a facility—
a: that takes place or is used on, over, in, or adjacent to the sea or a navigable river for the whole or part of the period between 1 September 2011 and 31 October 2011; and
b: for which, unless there is other lawful authority for the activity or facility, the Authority has granted—
i: an approval or made a declaration under Part 3 or 4
ii: a Rugby World Cup liquor licence under Part 5
2: Despite section 5(2)(c) Gazette subsection (1) sections 200A 200B
a: the regional council that has jurisdiction over the area for which a declaration is sought:
b: the Commissioner of Police.
3: If the Minister makes a declaration under subsection (2) sections 200A 200B
4: If a notice given under subsection (2) section 200A(2)(e)
5: Section 200A(6)
6: In this section, Minister Maritime Transport Act 1994
8: Act binds the Crown
This Act binds the Crown.
9: Expiry
1: Parts 4 5
2: The rest of this Act expires on the date specified in the Order in Council made under section 15 2011-10-31 Rugby World Cup 2011 (Empowering) Act 2010 Parts 4 & 5 expire OIC LI 2014/342 2014-12-04 Rugby World Cup 2011 (Empowering) Act 2010 Everything except Parts 4 & 5 expire on OIC made under section 15 of this Act. See Explanatory Note of LI 2014/342
2: Establishment of Rugby World Cup Authority
Authority to be established
10: Establishment of Authority
1: This section establishes the Rugby World Cup Authority.
2: The Authority is a body corporate.
3: The Authority continues in existence until it is dissolved in accordance with section 15
11: Functions of Authority
1: The functions of the Authority are—
a: to determine all applications made under Part 3
b: to make recommendations to the Minister in relation to—
i: the making of regulations under subpart 1 of Part 4
ii: the granting of urgent approvals under that subpart; and
c: to determine applications made under Part 5
d: to the extent provided for by this Act, to undertake enforcement functions.
2: In exercising its functions under this Act, the Authority must, to the extent relevant, have regard to—
a: the desirability of making proper preparation for the Rugby World Cup 2011; and
b: the need to ensure the efficient, safe, and lawful conduct of the Rugby World Cup 2011; and
c: the desirability of supporting the appropriate delivery of services by or through Rugby New Zealand 2011 Limited; and
d: the importance of ensuring—
i: that public health and safety are protected as far as is reasonably practicable during the period of the Rugby World Cup 2011; and
ii: the security of property; and
iii: that permanent adverse effects on the environment are avoided; and
iv: that other adverse effects are, to the extent appropriate in the circumstances, avoided, remedied, or mitigated; and
e: the desirability of maximising the benefit to be derived during or after the tournament from things done in preparation for, or in support of, the tournament.
12: Powers of Authority
1: For the purpose of carrying out its functions, the Authority has—
a: full capacity to carry on or undertake any activity, do any act, or enter into any transaction; and
b: for the purposes of paragraph (a)
2: Without limiting subsection (1)
13: Membership of Authority
1: The Minister must appoint persons to be members of the Authority, by notice in the Gazette
a: the Minister of Justice; and
b: the Minister for Economic Development; and
c: the Minister for the Environment.
2: The Minister must appoint—
a: a member of the Authority who is a current, former, or retired Judge or a lawyer of at least 7 years' standing to be the chairperson of the Authority; and
b: another member who is a lawyer of at least 7 years' standing to be its deputy chairperson.
3: In appointing members, the Minister must ensure that the Authority has available to it sufficient members with the knowledge, skill, and experience relevant to the Authority's functions and, in particular, knowledge, skill, or experience relating to—
a: the enactments relevant or likely to be relevant to those functions; and
b: the matters that are likely to come before the Authority; and
c: the regions where the tournament will take place; and
d: judicial processes.
14: Chairperson to appoint panels to determine proceedings
1: When any application is received by the Authority under this Act, the chairperson must appoint—
a: a panel selected from among the members of the Authority to constitute the Authority for the purpose of considering and determining the application; and
b: a member of that panel to constitute the Authority for the purpose of making the preliminary determination required by section 25(1)
c: either a panel or a member of the Authority who is a lawyer of at least 7 years' standing, as he or she considers appropriate, to constitute the Authority for the purpose of determining applications for interim injunctive and other enforcement orders under subpart 5 of Part 3 subpart 2 of Part 4 subpart 5 of Part 5
2: A panel must comprise at least 3 members including, as presiding officer, a lawyer of at least 7 years' standing (who may be the chairperson of the Authority).
3: In appointing a panel, the chairperson must have regard to the need for the panel to have available to it sufficient members with the knowledge, skill, and experience relevant to the particular application before it.
4: The powers of the Authority are able to be exercised by a panel even if a member of that panel is absent for part of the proceedings of that panel, so long as the presiding officer of that panel and at least 1 other member are present.
5: In the event of disagreement on any matter before a panel,—
a: the decision of the majority of the members is the decision of the Authority; but
b: the decision of the presiding officer of the panel is, if the members are equally divided, the decision of the Authority.
6: The chairperson's exercise of the discretion under subsection (1)
15: Dissolution of Authority
1: The Authority is dissolved on the date specified in regulations made by the Governor-General by Order in Council, on the recommendation of the Minister.
2: The Order in Council must not be made unless the Authority has completed its functions and all appeals relating to its decisions have been decided.
16: Further provisions applying to Authority
Schedule 1 Administrative secretariat
17: Administrative secretariat to support Authority
1: The territorial authority of each district in which an activity is to be undertaken or a facility constructed for or in relation to the Rugby World Cup 2011 must ensure that—
a: provision is made for premises for the Authority, as needed, and for the secretarial, recording, accounting, administrative, and technical facilities and services that are necessary to enable the Authority to carry out its functions; and
b: an administrative secretariat is established for the support of the Authority in exercising its functions in, or in relation to, a district.
2: The obligations under subsection (1) Local Government Act 2002
3: An administrative secretariat comprises advisory and administrative staff employed by, or acting under delegation from, the chief executive of the territorial authority for the purpose of undertaking the functions of the administrative secretariat.
4: The functions of an administrative secretariat are—
a: to receive and register applications under Parts 3 and 5
b: to forward applications to the Authority and to the relevant statutory person or body not later than the next working day after they are lodged with the administrative secretariat; and
c: to provide advice to the Authority, in accordance with its requirements, for matters relevant to any determinations of the Authority; and
d: to act on the instructions that the Authority gives in carrying out its functions under this Act, including undertaking the preparation of reports required by the Authority, whether or not those reports would, but for this Act, be the responsibility of another statutory person or body; and
e: to determine, in accordance with regulations and in consultation with the chairperson of the Authority, the amount of any deposit to be paid in relation to each application made under Part 3 4 5
f: to receive and hold any bond required by the Authority, and refund or use the bond in accordance with any directions of the Authority; and
g: to perform any other functions for the support of the Authority that the chairperson of the Authority requests of the chief executive of the relevant territorial authority.
18: Deposit to be paid to administrative secretariat
1: A deposit, calculated in accordance with regulations made under this Act, must be paid by an applicant to the administrative secretariat at the time of lodging an application under Part 3 4 5
2: The purpose of any deposit is to enable the recovery of costs and expenses, including full costs and expenses, in accordance with regulations made under section 95
a: the Authority, in determining applications made to the Authority; and
b: the statutory person or body that would, but for this Act, be responsible for undertaking monitoring and enforcement in relation to—
i: an approval, declaration, or test approval or declaration granted or made under Part 3
ii: a Rugby World Cup permitted activity declared, or an urgent approval granted, under Part 4
iii: a Rugby World Cup liquor licence granted under Part 5
c: an administrative secretariat, in carrying out its functions under this Act.
3: If the deposit paid is more than the costs and expenses calculated in accordance with regulations made under this Act, the Authority must authorise the administrative secretariat to refund the excess to the applicant.
4: If the deposit is less than the costs and expenses calculated in accordance with regulations made under this Act, the applicant must pay the deficiency to the administrative secretariat before the Authority releases its determination.
5: An administrative secretariat or the Authority is under no obligation to commence processing or determining an application until the deposit required by subsection (1)
3: Approvals and declarations
1: Applications to Authority
19: Applications for approvals, declarations, and changes to conditions
Approvals
1: Any person may apply to the Authority for an approval that would, but for this Part, be required by or under another enactment or a statutory planning instrument for an activity or a facility reasonably necessary for the proper conduct of the Rugby World Cup 2011. Declarations
2: Applications may also be made to the Authority to declare, in relation to a specified location or area, that a specified activity or facility, or class of activity or facility, is a Rugby World Cup permitted activity.
3: An application for a declaration may be made only by the relevant statutory person or body.
4: A declaration may relate only to an activity or facility, or class of activity or facility, that is reasonably necessary for the proper conduct of the Rugby World Cup 2011. Changes to conditions
5: A person who holds an approval or a declaration granted under this Part may apply to the Authority for a change to any conditions of the approval or declaration.
6: A person who holds an approval granted under any other enactment may apply to the Authority for a change to any conditions of the approval.
7: An application may not be made under subsection (5) or (6)
20: Applications relating to test events
1: Applications may be made for test approvals or declarations relating to a test event.
2: A test approval or declaration may be granted—
a: subject to any conditions that the Authority considers appropriate; and
b: for a specified term, which must not exceed the time required for the specified test event, in order to test the adequacy of the activity or facility.
3: A person who holds a test approval or declaration may apply to the Authority for a change to the conditions of a test approval or declaration.
4: The provisions of this Part (other than section 22 section 19
5: In this Part,— test approval or declaration
a: is required for an activity or a facility or a class of activity or facility to be undertaken or constructed in relation to a test event; and
b: is necessary or desirable in order to test whether the activity or facility is adequate and appropriate for the purpose for which it would be required if the test event were part of the tournament test event
21: Method of making application
Applications for approvals and declarations under section 19 20
a: made in writing, in the form and manner prescribed by regulations or as approved by the Authority; and
b: lodged for registration with the administrative secretariat; and
c: accompanied by—
i: the information required by section 22 23
ii: the deposit that the administrative secretariat may require under section 18
22: Information to be supplied with applications for approvals and declarations
1: Every application made under this Part must supply—
a: all the information required under the enactment that would, but for this Act, apply; and
b: if not required by the other enactments, an electronic address for service of notices given under this Act.
2: Without limiting subsection (1)
a: an application made under section 19(1)
i: specify the activity or facility for which the approval is required; and
ii: specify the enactment or statutory planning instrument that would apply, but for this Part; and
iii: describe the land, location, or area to which the activity or facility relates and state why the site is suitable for that activity or facility; and
b: an application made under section 19(2)
i: describe the activity or facility, or class of activity or facility, in respect of which a declaration is sought; and
ii: specify the enactment or statutory planning instrument that would apply, but for this Part; and
iii: describe the land, location, or area where the proposed declaration is to apply and state why that land, location, or area is a suitable site for the relevant Rugby World Cup permitted activity; and
iv: provide information as to why the declaration is requested; and
c: an application made under section 19(1) or (2)
i: evidence that the activity or facility to which the application relates meets the criteria set out in section 25(3)
ii: evidence of any planning or other preparation undertaken under the enactment that would, but for this Part, apply in relation to the activity or facility and why the application ought to be considered under this Part, rather than under that other enactment; and
iii: information as to the steps the applicant will take to ensure, as far as is reasonably practicable, the health and safety of those carrying out the activity or using the facility; and
iv: maps and plans that describe the activity or facility and its location or proposed location; and
v: any conditions that the applicant considers appropriate to apply to the approval or declaration, if granted; and
vi: an assessment of how the activity or facility to which the application relates is likely to promote the matters set out in section 11(2)
vii: any other information that the applicant considers would assist in the determination of the application; and
d: an application made under section 19(5) or (6)
i: describe the approval or declaration to which it relates; and
ii: identify the condition that is the subject of the request or the new condition that is sought; and
iii: provide information as to why the change or cancellation of the condition is requested or a new condition is sought; and
iv: include an assessment of how the change or cancellation of a condition or provision of a new condition is likely to promote the matters set out in section 11(2)
v: include the information required by subsections (1) and (2)(c)(iv) and (vii)
23: Information to be supplied with applications for test approvals or declarations
An application made under section 20
a: a description of the test event, including—
i: the location where it is to take place; and
ii: the date and time when it is to take place; and
b: a statement as to why a test approval or declaration is required and how it is to be used for the purpose of testing, as part of the preparation for the Rugby World Cup 2011, that an activity or facility is adequate and appropriate to achieve the intended outcome; and
c: information as to the steps the applicant will take to ensure, as far as is reasonably practicable, the health and safety of those carrying out the activity or using the facility; and
d: any other information relevant to the test event for which the test approval or declaration is required; and
e: in the case of an application to change the conditions of a test approval or declaration, the information required under section 22(2)(d) Overlapping applications
24: Procedure in event of overlapping applications to both statutory person or body and Authority for same activity
1: If an applicant lodges an application for an approval under section 21(b)
a: the Authority must proceed to make—
i: the preliminary determination under section 25 or 26
ii: the determination referred to in subsection (2)
b: if the Authority is satisfied that the application meets the criteria of subsection (2) section 25(3)
i: the Authority must proceed to deal with the application under Part 3
ii: the application to the relevant statutory person or body is to be treated as having been withdrawn from the relevant statutory person or body and must be transferred to the Authority in accordance with regulations made under this Act.
2: In determining whether an application is the same or substantially the same as the application lodged with the relevant statutory person or body, the Authority must take into account—
a: the duration of the activity or facility proposed in each application; and
b: any other matters the Authority considers relevant in the circumstances.
3: If the Authority proceeds to determine an application to which this section applies, it must notify the relevant statutory person or body that it is doing so.
4: If notice is given under subsection (3)
a: forward a copy of all documentation it holds on the application to the Authority; and
b: cease to process the application.
5: However, if the Authority declines to grant an approval under this Part, the relevant statutory person or body must, if requested to do so by the applicant, reinstate the application and proceed to determine it as if the application had not been transferred to the Authority.
6: If subsection (5)
a: the application and documentation held by the Authority in relation to the application must be transferred without delay to the relevant statutory person or body; and
b: the statutory time limits applying to the relevant statutory person or body recommence from the date that the statutory body or person receives the documentation.
7: If the relevant statutory person or body is requested to reinstate and determine the application under subsection (5)
a: it must treat the decision and reasons of the Authority as irrelevant for the purposes of the decision on the application; but
b: it may have regard to any other relevant information that is transferred under subsection (6)(a)
2: Jurisdiction, public notification, and making of submissions
Preliminary question of jurisdiction
25: Preliminary consideration of applications
1: The Authority must determine, in relation to every application made under subpart 1 subsection (3)
2: Before making that decision the Authority may request further information from the applicant, if it is satisfied that provision of the information will, in the circumstances, assist in the fair and timely determination of the application. Criteria
3: The Authority must be satisfied that—
a: the application relates to an activity or facility that is reasonably necessary for the proper conduct of, as the case may be,—
i: the Rugby World Cup 2011; or
ii: a test event; and
b: the applicant has undertaken all reasonably practicable measures to ensure that the necessary approval, declaration, test approval or declaration, or change to the conditions was obtained under the enactment or statutory planning instrument that would have applied, but for this Part, or that the application could not reasonably have been made at an earlier date; and
c: it is unlikely that, but for this Part, the application could be determined in time to enable the activity to be undertaken or the facility constructed for the Rugby World Cup 2011 or the test event, as the case may be.
26: Preliminary consideration of applications relating to tournament venues
In determining an application that relates to a tournament venue, the Authority must disregard the criteria set out in section 25(3)(b) and (c)
27: Notice of preliminary decision
1: The Authority must give notice to the applicant of its determination under section 25(1)
2: The Authority must give notice of its decision not later than 5 working days after receiving—
a: the application from the administrative secretariat under section 17(4)(b)
b: any further information requested under section 25(2) Notification of applications
28: Authority must give public notice of applications
1: If the Authority determines under section 25 section 27
a: give public notice of that application; and
b: serve a copy of the application and of all documents and maps or plans submitted with it—
i: on the relevant statutory person or body; and
ii: on Rugby New Zealand 2011 Limited; and
iii: on the New Zealand Fire Service.
2: However, subsection (1)(a)
3: Despite subsection (2)
4: If public notice is not given, the Authority must, without delay, give written notice to the persons with a right to be heard, as provided for in section 32(2)
a: the decision not to publicly notify the application; and
b: the right of those persons to request a hearing.
5: Any request for a hearing must be received by the administrative secretariat not later than 4 working days after the date of the notice given under this subsection.
29: Contents of public notice
1: A public notice must specify—
a: the nature of the application, with details that include—
i: the activity, facility, or test activity or facility for which an approval is sought or the activity or facility, or class of activity or facility, that would become a Rugby World Cup permitted activity; and
ii: the land, location, or area where any approval, declaration, or test approval or declaration would apply; and
b: the enactment that would, but for this Act, apply to the application; and
c: the persons or classes of person who are entitled to make a submission on the application; and
d: how any submissions opposing or in support of the application must be made (which may include requiring submissions to be made by electronic transmission); and
e: the address for service of submissions to—
i: the applicant; and
ii: the relevant statutory person or body; and
f: the date by which submissions must be received by the Authority (which must be not later than 10 working days after the date of the public notice); and
g: where access (which may be restricted to Internet access) to the application and all accompanying documents and plans is available without charge; and
h: how to obtain further information on the application.
2: The Authority must supply a copy of an application and of the documents and any maps or plans submitted with it, if requested, on the payment of a reasonable fee fixed by the Authority. Standing to make submissions
30: Submissions
1: After an application has been publicly notified, submissions may be made in support of, or opposing, the application by—
a: the applicant:
b: the relevant statutory person or body:
c: an affected person, as determined in accordance with section 31
d: a person with an interest greater than that of the general public in the matter to which the application relates:
e: the New Zealand Fire Service.
2: No submissions may be made by any person on, or in relation to, trade competition or the effects of trade competition.
3: Submissions, including any request to be heard, must be—
a: made in the form and manner prescribed by regulation or as approved by the Authority; and
b: lodged with the Authority by the date given in the public notice; and
c: served on the applicant and the relevant statutory person or body without delay after being lodged with the Authority.
31: Determination of affected person status
1: A person is an affected person if the adverse effects on the person of an activity, facility, or class of activity or facility for which an approval, declaration, or test approval or declaration is sought will be, or are likely to be, more than minor.
2: However, a person is not an affected person—
a: if, and to the extent that, the effects on that person relate to trade competition or the effects of trade competition; or
b: if, and to the extent that, the effects of the activity, facility, or class of activity or facility on that person are expressly permitted by any statutory planning instrument or by a declaration made under this Part; or
c: if the person has given written approval for the activity, facility, or class of activity or facility and has not withdrawn that approval by written notice to the Authority before the Authority has made its determination on the matter; or
d: if it is unreasonable in the circumstances to seek the person's written approval.
3: In determining whether a person is an affected person, the Authority must disregard an adverse effect that is of a temporary nature, having regard to the duration of the activity or facility for which an approval, a declaration, or a test approval or declaration is sought.
3: Hearing and determination of applications
Hearing
32: Persons with right to be heard
1: The Authority need not conduct a hearing in relation to an application unless—
a: it considers that a hearing is necessary; or
b: a person with a right to be heard has requested to be heard.
2: The persons who have a right to be heard by the Authority are—
a: the applicant; and
b: the relevant statutory person or body; and
c: any person who lodged a submission under section 30
33: Commencement of any hearing
1: If an application is publicly notified under section 28 section 29(1)(f)
a: whether the Authority is to conduct a hearing; and
b: if so, the date of its commencement, which must be not later than 5 working days after the date on which the written notice is given under this subsection.
2: If an application is not publicly notified, the Authority must, not later than 5 working days after giving written notice to the persons with a right to be heard under section 28(4)
a: whether the Authority is to conduct a hearing; and
b: if so, the date of its commencement, which must be not later than 5 working days after the date of the written notice given under this subsection.
3: No hearing is required under this section if—
a: the persons with a right to be heard waive that right; and
b: the Authority considers that a hearing is not necessary. Determination of applications
34: Determination of applications for approvals
1: In determining an application made under section 19(1) or (5) 20 section 36
2: Subsection (1) section 19(6)
3: The Authority must not grant the application if the activity or facility that is the subject of the application is prohibited by another Act.
4: In making a determination under subsection (1) or (2)
a: the particular circumstances of the application; and
b: the extent to which an approval, a test approval, or a change to the conditions of an approval or a test approval, if granted, would promote the matters set out in section 11(2)
5: The Authority may take into account—
a: the effect of an approval, a test approval, or a change to the conditions of an approval or a test approval, if granted, on activities or facilities that have been authorised under this Act or another enactment; and
b: the provisions of any enactment or statutory planning instrument that would, but for this Part, apply and whether the application meets the requirements of those provisions.
6: The Authority may grant the application in full or in part or decline the application.
7: If the Authority grants the application, the Authority—
a: must prescribe, as a condition of the approval or test approval, or change to the conditions of the approval or test approval,—
i: in the case of an approval or a change to the conditions of that approval, the duration of the approval or conditions, which may commence at any time provided for by the Authority and must, unless section 41
ii: in the case of a test approval, the duration of the approval, which may commence not earlier than 1 week before the commencement of the relevant test event and must expire not later than the day after the final day of that event; and
b: may prescribe any other conditions that it considers appropriate, including a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of an approval or a test approval.
35: Determination of applications for declarations
1: In determining an application under section 19(2) or (5) 20 section 36
2: The Authority must not grant the application if the activity, facility, or class of activity or facility that is the subject of the application is prohibited by another Act.
3: In making a determination under subsection (1)
a: the particular circumstances of the application; and
b: the extent to which a declaration, test declaration, or change to the conditions of a declaration or test declaration, if granted, would promote the matters set out in section 11(2)
4: The Authority may take into account—
a: the effect of a declaration, test declaration, or change to the conditions of a declaration or test declaration, if granted, on activities or facilities that have been authorised under this Act or another enactment; and
b: the provisions of any enactment or statutory planning instrument that would, but for this Part, apply and whether the application meets the requirements of those provisions.
5: The Authority may grant the application in full or in part or decline the application.
6: If the Authority grants the application, it must—
a: prescribe, as a condition of the declaration or test declaration, the duration of the declaration or test declaration, which may commence,—
i: in the case of a declaration, not earlier than 1 August 2011 and must expire not later than 31 October 2011; and
ii: in the case of a test declaration, not earlier than 1 week before the commencement of the relevant test event and must expire not later than the day after the final day of that event; and
b: prescribe the land, area, or location where the Rugby World Cup permitted activity may be undertaken or constructed; and
c: direct the relevant statutory person or body to treat the specified activity or facility, or class of activity or facility, as a Rugby World Cup permitted activity.
7: The Authority may prescribe any other conditions that it considers appropriate, including—
a: conditions that apply to any of the activities, facilities, or class of activity or facility to which the declaration relates; and
b: a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of a declaration or test declaration.
36: Determination of whether adverse effects are more than minor
In determining, for the purposes of sections 34 35
a: any adverse effect of the activity or facility that—
i: relates solely to the site or location of the activity or facility; and
ii: is expressly permitted by any statutory planning instrument or by a declaration made under this Part; and
iii: is of a temporary nature, having regard to the duration of the approval, declaration, or test approval or declaration; and
b: any effect of the activity or facility on a person who has given written approval to the application; and
c: trade competition and the effects of trade competition.
37: Notice of determination
1: If an application is not publicly notified under section 28 subsection (3)
a: the applicant; and
b: the relevant statutory person or body; and
c: the New Zealand Fire Service; and
d: Rugby New Zealand 2011 Limited.
2: If an application is publicly notified (whether or not a hearing is conducted), the Authority must serve notice of its determination, as required by subsection (3)
a: the applicant; and
b: the relevant statutory person or body; and
c: each person who lodged a submission on the application or is required to provide a report under clause 11 of Schedule 1
d: Rugby New Zealand 2011 Limited.
3: The required notice must be served,—
a: in the case of an application which is not publicly notified,—
i: not later than 5 working days after notice is given under section 33(2)
ii: not later than 10 working days after the end of a hearing, if one is conducted; or
b: in the case of an application that is publicly notified, not later than 10 working days after—
i: the closing date for submissions to be lodged under section 30
ii: the end of the hearing, if a hearing is conducted.
4: A notice served under this section must include—
a: the reasons for the determination; and
b: the provisions of any enactment and statutory planning instrument relevant to that determination; and
c: the principal issues in contention and the main findings on them; and
d: the reasons for any conditions that are imposed; and
e: advice as to the right of appeal under subpart 6
f: the date by which any appeal must be lodged.
5: A copy of a determination of the Authority and of any map or plan to which it refers must be—
a: kept at the place specified by the Authority (including, at the discretion of the Authority, on an Internet site); and
b: made available for public inspection without charge during ordinary office hours (or on an Internet site, without charge).
4: Further provisions applying to approvals and declarations
38: Commencement of approvals and declarations
Unless the Authority specifies a later date, an approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration commences on the third working day after the determination of the Authority is publicly notified.
39: Expiry of approvals and declarations
An approval, a declaration, a test approval or declaration, or a change to the conditions of an approval or a declaration expires—
a: on the date specified by the Authority under section 34 or 35
b: if the Authority does not so specify, on the date specified in section 34 35
40: Effect of approvals and declarations by Authority under this subpart
1: An approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration granted or made under this Part has full force and effect for its duration and according to its terms and conditions as if it were granted or made under the enactment or statutory planning instrument that would, but for this Part, apply.
2: To avoid doubt, unless section 41
a: give rise to or create any right to the use of land after the expiry of the approval, declaration, or test approval or declaration; or
b: qualify, in the case of an approval that would, but for this Part, be required by or under the Resource Management Act 1991
i: a certificate of compliance under section 139
ii: an existing use certificate under section 139A
41: Continuing effect of approvals after expiry
1: A person to whom an approval is granted under this Part may apply to the relevant statutory person or body for a certificate that certifies that the approval granted under this Part continues to have effect as if it were an approval granted under the enactment or statutory planning instrument that would, but for this Part, apply.
2: A certificate issued under subsection (1)
a: applies subject to the enactment or statutory planning instrument that would, but for this Act, apply; and
b: may impose conditions in accordance with the requirements of that enactment or statutory planning instrument.
3: In addition, a certificate issued under subsection (1)
4: An application under subsection (1)
5: The relevant statutory person or body may, in its discretion,—
a: allow the person to whom the approval was granted to continue to operate under the approval granted by the Authority under this Part until the relevant statutory person or body—
i: grants a new approval under the enactment or statutory planning instrument that would, but for this Part, apply and all appeals are determined; or
ii: issues a certificate under subsection (1)
iii: declines to grant a new approval under the enactment that would, but for this Part, apply or issue a certificate; and
b: impose conditions in accordance with the requirements of that enactment or statutory planning instrument.
5: Enforcement
42: Monitoring and enforcement under this Part
1: The statutory person or body responsible for monitoring and enforcement under an enactment or statutory planning instrument that would, but for this Part, apply must carry out monitoring and enforcement in relation to approvals or test approvals granted, or declarations or test declarations made, under this Part.
2: That statutory person or body has the same powers for that purpose as that person or body has under the other enactment or statutory planning instrument.
3: The provisions for monitoring and enforcement under that other enactment or statutory planning instrument apply, with the necessary modifications.
4: To avoid doubt, any right of appeal that applies under the enactment or statutory planning instrument that would, but for this Part, apply also applies to enforcement proceedings taken in relation to activities or facilities for which approvals are granted or declarations made under this Part. Enforcement by interim injunctive orders
43: Applications for interim injunctive orders
1: This section and section 44 section 42
2: The relevant statutory person or body may apply to the Authority for an interim injunctive order to—
a: require a person to cease undertaking an activity or constructing a facility; or
b: prohibit a person from commencing an activity or beginning to construct a facility.
3: No undertaking as to damages may be required in relation to an application made under this section.
44: Making of interim injunctive orders
1: The Authority may make an interim injunctive order if, in its opinion, the application relates to an activity or a facility that—
a: contravenes, or is likely to contravene, the approval, declaration, or test approval or declaration granted for the activity or facility; or
b: is, or is likely to be, noxious, dangerous, offensive, or objectionable to such an extent that it has, or is likely to have,—
i: an adverse effect on the environment that is not of a temporary nature; or
ii: a serious prejudicial effect on the proper conduct of the Rugby World Cup 2011.
2: If the Authority considers it necessary or desirable to avoid, mitigate, or remedy an effect of a kind described in subsection (1)(b)
a: without requiring service of the application on the person against whom the order is sought; and
b: without holding a hearing.
3: Before making an order, the Authority must consider—
a: the effect on the environment or on the conduct of the Rugby World Cup 2011 of not making the order; and
b: whether any adverse effect is of a temporary nature only; and
c: whether the Authority should hear the statutory person or body that applied for the order or the person against whom the order is sought; and
d: any other matters that the Authority thinks fit.
45: Procedure in relation to interim injunctive orders
1: The Authority must serve a copy of any interim injunctive order on the person against whom the order is made without delay.
2: If the person against whom the order is made was not heard by the Authority before the order was made, that person may apply to the Authority, as soon as practicable after being served with the order, for an order changing or cancelling the interim order.
3: An application made under subsection (2)
a: made in the form and manner prescribed by regulations or as approved by the Authority; and
b: accompanied by the fee prescribed for the purpose in accordance with regulations made under this Part.
4: The Authority may confirm or cancel the interim injunctive order, or may issue a new interim injunctive order, as it thinks fit.
46: Effect and duration of interim injunctive orders
1: An interim injunctive order made under this subpart takes effect according to its terms from the time that it is served or such later time as the order directs.
2: An order stays in force until—
a: the Authority cancels the order or issues a new order under section 45(4)
b: the statutory person or body has sought and obtained an appropriate order under the enactment or statutory planning instrument that would, but for this Part, apply; or
c: the person against whom the order was made, or another person directly affected by the order, has sought and obtained cancellation of, or a change to, the order under that enactment or statutory planning instrument. Offences and penalties
47: Offences and penalties
1: The offences and penalties prescribed by or under an enactment that would, but for this Part, apply to an approval, a declaration, or a test approval or declaration apply to the breach of an approval, a declaration, or a test approval or declaration granted or made under this Part.
2: In an enactment that would apply, but for this Part, a reference to an approval that could be granted, given, or authorised under that enactment is to be read as a reference to an approval given under this Part.
3: Every person who breaches an interim injunctive order commits an offence and is liable, on
a: in the case of a natural person, not exceeding $300,000; and
b: in the case of a person other than a natural person, not exceeding $600,000; and
c: in each case, if the offence is a continuing offence, not exceeding $10,000 for every day or part of a day during which the offence continues. Section 47(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
6: Appeal rights
Right of appeal on question of law only
48: Appeals
1: A person or body that applied for an approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration and is dissatisfied with the determination of the Authority under section 25(1)
2: There is a right of appeal to the High Court, but only on a question of law, against a determination of the Authority made under—
a: section 34
b: section 35
c: section 44 45(4)
i: the statutory person or body that applied for an order; or
ii: the person against whom the Authority makes an order.
3: An appeal under this section must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with Schedule 2
4: Procedures available in circumstances of urgency
Part 4 expired 31 October 2011 section 9(1) Purpose Heading expired 31 October 2011 section 9(1)
49: Purpose of this Part
Section 49 expired 31 October 2011 section 9(1)
1: Declarations of status as Rugby World Cup permitted activity and grant of urgent approvals
Subpart 1 expired 31 October 2011 section 9(1) Applications Heading expired 31 October 2011 section 9(1)
50: Applications for recommendation of Authority
Section 50 expired 31 October 2011 section 9(1) Declaration of status as Rugby World Cup permitted activity Heading expired 31 October 2011 section 9(1)
51: Matters relevant to determination of application
Section 51 expired 31 October 2011 section 9(1)
52: Power to declare Rugby World Cup permitted activities
Section 52 expired 31 October 2011 section 9(1)
53: Contents of regulations
Section 53 expired 31 October 2011 section 9(1) Grant of urgent approvals Heading expired 31 October 2011 section 9(1)
54: Recommendation of Authority
Section 54 expired 31 October 2011 section 9(1)
55: Granting of urgent approvals
Section 55 expired 31 October 2011 section 9(1)
2: Miscellaneous provisions
Subpart 2 expired 31 October 2011 section 9(1) Effect of regulations Heading expired 31 October 2011 section 9(1)
56: Effect of declaration made by Order in Council
Section 56 expired 31 October 2011 section 9(1) Effect of urgent approval Heading expired 31 October 2011 section 9(1)
57: Effect of urgent approval granted by Minister
Section 57 expired 31 October 2011 section 9(1) Monitoring, enforcement, and appeal rights Heading expired 31 October 2011 section 9(1)
58: Monitoring, enforcement, and appeals
Section 58 expired 31 October 2011 section 9(1) Offences and penalties Heading expired 31 October 2011 section 9(1)
59: Offences and penalties
Section 59 expired 31 October 2011 section 9(1)
5: Rugby World Cup liquor licences
Part 5 expired 31 October 2011 section 9(1)
1: Preliminary matters
Subpart 1 expired 31 October 2011 section 9(1)
60: Purpose
Section 60 expired 31 October 2011 section 9(1)
61: Interpretation
Section 61 expired 31 October 2011 section 9(1)
2: Rugby World Cup liquor licensing scheme
Subpart 2 expired 31 October 2011 section 9(1) Purpose and scope Heading expired 31 October 2011 section 9(1)
62: Purpose and scope of Rugby World Cup liquor licence
Section 62 expired 31 October 2011 section 9(1) Applications for Rugby World Cup liquor licences Heading expired 31 October 2011 section 9(1)
63: Who may apply for and hold Rugby World Cup liquor licence
Section 63 expired 31 October 2011 section 9(1)
64: Applications for Rugby World Cup liquor licences
Section 64 expired 31 October 2011 section 9(1)
65: Applications under this Part and Part 3 for same activity or approval
Section 65 expired 31 October 2011 section 9(1)
66: Applications relating to specified geographic locations
Section 66 expired 31 October 2011 section 9(1)
67: Reports to Authority
Section 67 expired 31 October 2011 section 9(1) Notice Heading expired 31 October 2011 section 9(1)
68: Public notice of applications
Section 68 expired 31 October 2011 section 9(1) Matters relevant to determining applications Heading expired 31 October 2011 section 9(1)
69: Matters relevant to objections and determinations
Section 69 expired 31 October 2011 section 9(1) Who may object Heading expired 31 October 2011 section 9(1)
70: Objections
Section 70 expired 31 October 2011 section 9(1) Decisions on applications Heading expired 31 October 2011 section 9(1)
71: Grant of unopposed applications without hearing
Section 71 expired 31 October 2011 section 9(1)
72: Hearing in case of opposed licence
Section 72 expired 31 October 2011 section 9(1)
73: Right to appear and be heard
Section 73 expired 31 October 2011 section 9(1)
74: Decision on papers
Section 74 expired 31 October 2011 section 9(1)
75: Decision if hearing held
Section 75 expired 31 October 2011 section 9(1) Licences issued Heading expired 31 October 2011 section 9(1)
76: Issue of licence
Section 76 expired 31 October 2011 section 9(1)
3: Conditions of Rugby World Cup liquor licences
Subpart 3 expired 31 October 2011 section 9(1)
77: Conditions applying to all licences
Section 77 expired 31 October 2011 section 9(1)
78: Other conditions of licences
Section 78 expired 31 October 2011 section 9(1)
79: Licences under this Part not to affect limitations under Gambling Act 2003
Section 79 expired 31 October 2011 section 9(1)
4: Management
Subpart 4 expired 31 October 2011 section 9(1)
80: Responsibility for management and compliance
Section 80 expired 31 October 2011 section 9(1)
81: Further application of Sale of Liquor Act 1989
Section 81 expired 31 October 2011 section 9(1)
5: Enforcement, offences, penalties, and appeal rights
Subpart 5 expired 31 October 2011 section 9(1) Enforcement Heading expired 31 October 2011 section 9(1)
82: Powers of inspectors and constables in relation to licensed premises or areas
Section 82 expired 31 October 2011 section 9(1)
83: Variation, suspension, or cancellation of licence
Section 83 expired 31 October 2011 section 9(1)
84: Suspension or cancellation of licence without notice
Section 84 expired 31 October 2011 section 9(1)
85: Suspension of licence for public health or fire precaution requirements
Section 85 expired 31 October 2011 section 9(1) Enforcement of manager's certificate Heading expired 31 October 2011 section 9(1)
86: Suspension or cancellation of manager's certificate
Section 86 expired 31 October 2011 section 9(1) Offences and penalties Heading expired 31 October 2011 section 9(1)
87: Offence of licensee in respect of manager
Section 87 expired 31 October 2011 section 9(1)
88: Offences by licensee or manager
Section 88 expired 31 October 2011 section 9(1)
89: Offences by persons other than licensee or manager
Section 89 expired 31 October 2011 section 9(1)
90: Matters of evidence
Section 90 expired 31 October 2011 section 9(1)
91: Other provisions applying to offences and penalties under this Part
Section 91 expired 31 October 2011 section 9(1) Amendment to Sale of Liquor Act 1989 Heading expired 31 October 2011 section 9(1)
92: Amendment to Sale of Liquor Act 1989
Section 92 expired 31 October 2011 section 9(1) Infringement offences Heading expired 31 October 2011 section 9(1)
93: Infringement offences under this Part
Section 93 expired 31 October 2011 section 9(1) Right of appeal on questions of law only Heading expired 31 October 2011 section 9(1)
94: Appeal
Section 94 expired 31 October 2011 section 9(1)
6: Miscellaneous
Regulations
95: Regulations
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that prescribe—
a: procedural and other requirements for 1 or more administrative secretariats:
b: procedures for the purposes of the Authority:
c: the content of forms required under this Act:
d: the purposes for which a deposit may be authorised under this Act:
e: the method for calculating a deposit, including whether the deposit is to provide for the full cost recovery by, or a fair and reasonable contribution to the costs of,—
i: the Authority in determining an application:
ii: the statutory person or body responsible for monitoring and enforcing the activity or facility to which an application relates:
iii: an administrative secretariat, in providing support to the Authority:
f: the recovery of any other costs relating to the determination of an application:
g: the allocation of any fees paid under another enactment in relation to applications of the kinds provided for in sections 24 65
h: the deposit that may be authorised in relation to applications for test approvals or declarations:
i: the method by which a deposit must be allocated between the Authority, a statutory person or body in relation to any monitoring and enforcement functions it has, and an administrative secretariat:
j: the fee payable in relation to an application for interim injunctive orders under this Act:
k: the method for calculating the deposit payable in respect of recommendations of the Authority under section 50
l: the form, contents, colour, and size of print of a Rugby World Cup liquor licence, including the form and other matters required for licences issued in respect of a group of applications:
m: any requirements as to the display of a licence and signs required by this Act:
n: such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and its due administration. Service
96: Service of notices and documents
1: A notice or other document that must be served on, or given to, a person under this Act must be in writing, may be given electronically or by fax, and is sufficiently served if it is—
a: delivered to that person; or
b: sent by electronic means to the electronic address supplied; or
c: sent by registered mail addressed to that person by name at that place of residence or business in New Zealand; or
d: sent in the prescribed manner (if any); or
e: if a person has specified an address for service, delivered, left at, or posted to that address.
2: If the person is absent from New Zealand, the notice or document may be served on or given to the person's agent in New Zealand.
3: If the person is deceased, the notice or document may be served on or given to the person's personal representative.
4: If a notice or document is to be served on a Minister of the Crown, service on the chief executive of the appropriate department of State is service on the Minister.
5: If a notice or document is to be served on a body, whether incorporated or unincorporated, service on an officer of the body or on its registered office is service on the body.
6: A notice or document is deemed to have been received as follows:
a: if sent electronically, when acknowledged by the recipient, or when an automated delivery receipt (if requested) is received by the sender:
b: if sent by fax, when the successful transmission is notified to the sender of the fax:
c: if sent by registered mail, the date of the receipt of delivery:
d: if delivered, when delivery is effected.
7: If a notice or document is required to be served or delivered on or by a particular working day,—
a: it must be served or delivered by 4.00 pm on that day; and
b: if it is served or delivered after 4.00 pm on that day, it is deemed to have been served or delivered on the next working day.
8: This section does not apply to a notice or document served or given in any proceedings in any court. Consequential amendment
97: Amendment to Official Information Act 1982
1: This section amends the Official Information Act 1982
2: Schedule 1 Rugby World Cup Authority 2010-11-23 Official Information Act 1982


1: Title
This Act is the Local Government Act 2002 Amendment Act 2010.
2: Commencement
1: Section 17
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 amended
This Act amends the Local Government Act 2002 2010-11-27 Local Government Act 2002 Everything except for section 17 2011-07-01 Local Government Act 2002 Section 17 only
1: Amendments to principal Act
4: Interpretation
1: Section 5(1) community outcomes community outcomes .
2: Section 5(1) equity security natural hazard reserve fund .
5: New section 11A inserted
The following section is inserted after section 11
11A: Core services to be considered in performing role
In performing its role, a local authority must have particular regard to the contribution that the following core services make to its communities:
a: network infrastructure:
b: public transport services:
c: solid waste collection and disposal:
d: the avoidance or mitigation of natural hazards:
e: libraries, museums, reserves, recreational facilities, and other community infrastructure.
6: Principles relating to local authorities
Section 14(1)
fa: a local authority should periodically—
i: assess the expected returns to the authority from investing in, or undertaking, a commercial activity; and
ii: satisfy itself that the expected returns are likely to outweigh the risks inherent in the investment or activity; and .
7: Statement of intent for council-controlled organisations
Section 64(1) clause 9 clauses 9 and 10
8: Outline of Part
Section 75(e)
9: Community views in relation to decisions
Section 78(2)
10: Special consultative procedure in relation to long-term council community plan
1: Section 84(4)(b) ; and
2: Section 84(4)(c)
11: Use of special consultative procedure in relation to annual plan
Section 85(2)(a) clause 2(2) clauses 3 to 5
12: Section 88 repealed
Section 88
13: Sections 91 and 92 and heading above section 91 repealed
Sections 91 92
14: Audit of long-term council community plan
1: Section 94(1)(b) ; and
2: Section 94(1)(c)
15: Certain decisions to be taken only if provided for in long-term council community plan
Section 97(1)(c) and (d)
16: Audit of information in annual report and summary
Section 99
1: In addition to the information required by Part 3 of Schedule 10
a: the financial statements referred to in clause 29 of Schedule 10
b: the statement about budgeted and actual capital expenditure referred to in clause 24 of Schedule 10
c: the funding impact statement referred to in clause 30 of Schedule 10
d: the local authority's compliance with the requirements of Schedule 10
17: New section 99A inserted
The following section is inserted after section 99
99A: Pre-election report
1: The chief executive of a local authority must prepare a pre-election report containing the information required by clause 36 of Schedule 10
2: However, the chief executive of a local authority that has an ordinarily resident population of fewer than 20,000 people need not comply with clause 36(1)(a) and (2) of Schedule 10
3: Instead of complying with clause 36(1)(a) and (2) of Schedule 10 clause 37 of Schedule 10
4: The purpose of a pre-election report is to provide information to promote public discussion about the issues facing the local authority.
5: A pre-election report must be completed and published no later than the day that is 2 weeks before the nomination day for a triennial general election of members of a local authority under the Local Electoral Act 2001.
6: A pre-election report must not contain a statement by, or a photograph of, an elected member of the local authority.
18: New section 101A inserted
The following section is inserted after section 101
101A: Financial strategy
1: A local authority must, as part of its long-term plan, prepare and adopt a financial strategy for all of the consecutive financial years covered by the long-term plan.
2: The purpose of the financial strategy is to facilitate—
a: 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: 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.
3: The financial strategy adopted under this section must—
a: include a statement of the factors that are expected to have a significant impact on the local authority during the consecutive financial years covered by the strategy, including—
i: the expected changes in population and the use of land in the district or region, and the capital and operating costs of providing for those changes; and
ii: the expected capital expenditure on network infrastructure, flood protection, and flood control works that is required to maintain existing levels of service currently provided by the local authority; and
iii: other significant factors affecting the local authority's ability to maintain existing levels of service and to meet additional demands for services; and
b: include a statement of the local authority's—
i: quantified limits on rates, rate increases, and borrowing; and
ii: assessment of its ability to provide and maintain existing levels of service and to meet additional demands for services within those limits; and
c: specify the local authority's policy on the giving of securities for its borrowing; and
d: specify the local authority's objectives for holding and managing financial investments and equity securities and its quantified targets for returns on those investments and equity securities.
19: New section 102 substituted
Section 102
102: Funding and financial policies
1: A local authority must, in order to provide predictability and certainty about sources and levels of funding, adopt the funding and financial policies listed in subsection (2)
2: The policies are—
a: a revenue and financing policy; and
b: a liability management policy; and
c: an investment policy; and
d: a policy on development contributions or financial contributions; and
e: a policy on the remission and postponement of rates on Māori freehold land.
3: A local authority may adopt either or both of the following policies:
a: a rates remission policy:
b: a rates postponement policy.
4: A local authority—
a: must use the special consultative procedure in adopting a policy under this section:
b: may amend a policy adopted under this section at any time using the special consultative procedure.
5: However, subsection (4)
a: a liability management policy:
b: an investment policy.
20: Revenue and financing policy
1: Section 103(1) section 102(4)(a) section 102(1)
2: Section 103(3) section 102(4)(a) section 102(1)
3: Section 103
4: If a local authority amends its revenue and financing policy under section 93(4), only a significant amendment to the policy is required to be audited in accordance with sections 84(4) and 94(1).
21: Liability management policy
1: Section 104 section 102(4)(b) section 102(1)
2: Section 104(d) ; and
3: Section 104(e) and (f)
22: Investment policy
1: Section 105 section 102(4)(c) section 102(1)
2: Section 105(a)
23: Policy on development contributions or financial contributions
1: Section 106(2) section 102(4)(d) section 102(1)
2: Section 106
6: A policy adopted under section 102(1)
24: Section 107 repealed
Section 107
25: Policy on remission and postponement of rates on Māori freehold land
1: Section 108 section 102(4)(f) section 102(1)
2: Section 108
4A: A policy adopted under section 102(1)
26: Rates remission policy
1: Section 109 section 102(5)(a) section 102(3)(a)
2: Section 109
2A: If a policy is adopted under section 102(3)(a)
a: must be reviewed at least once every 6 years using the special consultative procedure; and
b: may be revoked following the review under paragraph (a)
27: Rates postponement policy
1: Section 110 section 102(5)(b) section 102(3)(b)
2: Section 110
2A: If a policy is adopted under section 102(3)(b)
a: must be reviewed at least once every 6 years using the special consultative procedure; and
b: may be revoked following the review under paragraph (a)
28: Information to be prepared in accordance with generally accepted accounting practice
Section 111
2: Subsection (1) does not apply to the preparation of a funding impact statement.
29: Requirement to assess water and other sanitary services
Section 125(1) in accordance with sections 126 and 127,
30: Sections 126 to 129 repealed
Sections 126 to 129
31: Obligation to maintain water services
Section 130(3)(d)(ii) section 194 section 69S of the Health Act 1956
32: New section 136 substituted
Section 136
136: Contracts relating to provision of water services
1: Despite section 130(2), a local government organisation may enter into contracts for any aspect of the operation of all or part of a water service for a term not longer than 35 years.
2: If a local government organisation enters into a contract under subsection (1)
a: continue to be legally responsible for providing the water services; and
b: retain control over the following matters:
i: the pricing of water services; and
ii: the development of policy related to the delivery of water services.
3: This section does not limit contracts in relation to water services that are entered into solely between local government organisations.
33: Joint local government arrangements and joint arrangements with other entities
1: Section 137(2)
a: a joint arrangement for a term not longer than 35 years (except a concession or other franchise agreement relating to the provision of the water services or any aspect of the water services): .
2: Section 137(3)(b) ; and
3: Section 137(3)(c)
4: Section 137
4: If a local government organisation enters into a joint arrangement under subsection (2)(a), it must—
a: continue to be legally responsible for providing the water services; and
b: retain control over the following matters:
i: the pricing of water services; and
ii: the development of policy related to water services; and
c: after the end of the joint arrangement, retain ownership of all the infrastructure associated with the water service, whether or not the infrastructure was—
i: provided by the local government organisation at the beginning of the joint arrangement; or
ii: developed or purchased during the joint arrangement; and
d: not sell or transfer ownership of any existing infrastructure associated with the water service, unless the local government organisation reasonably believes that the sale is—
i: incidental to the joint arrangement; and
ii: desirable for the success of the joint arrangement.
5: In this section, concession or other franchise agreement
34: Conditions applying to sale or exchange of endowment property
Section 141(1)(b)
35: Local authority may execute works if owner or occupier defaults
1: Section 186(1)(b) territorial local
2: Section 186(5)(b) subsection (1) subsection (2)
36: Obstruction of enforcement officers or agents of local authority
Section 229(a)(iii) of provisions
37: Part heading amended
The heading to Part 11 and other Orders in Council , other Orders in Council, and rules
38: New heading inserted
The following heading is inserted before section 259 Regulations .
39: Regulations
1: Section 259
da: prescribing matters, not inconsistent with generally accepted accounting practice, that must be specified in a financial statement and the manner in which they must be specified:
db: prescribing forms for the funding impact statements to be included in the long-term plan, annual plan, and annual report: .
2: Section 259
2: Regulations made under subsection (1)(db) Schedule 10
40: New sections 259A and 259B inserted
The following sections are inserted after section 259
259A: Levy to fund rules for performance measures
1: Regulations may be made under section 259 providing for the imposition and collection of a levy on local authorities.
2: The purpose of the levy is to recover all or part of the reasonable cost of making rules specifying performance measures.
3: Regulations made for the purpose of this section may—
a: specify the categories of local authorities that are liable to pay the levy:
b: prescribe the amount or method of calculation of the levy:
c: prescribe different amounts or methods of calculation of the levy in relation to different categories of local authority:
d: provide for the manner in which the levy is collected.
4: All levy money collected under this section must be paid into a Crown Bank Account.
5: Any levy—
a: must be reasonable having regard to the expenses incurred or to be incurred by the Secretary in relation to the making of rules under section 261B
b: is payable to the Secretary and recoverable in a court of competent jurisdiction as a debt due to the Secretary.
6: The Minister may recommend the making of regulations that impose a levy only if the Minister has first consulted the New Zealand Local Government Association Incorporated.
259B: Power to refund levy
The Secretary may refund the whole or any part of the levy if the Secretary is satisfied that the amount of levy money collected exceeds the amount necessary to fulfil the purpose of the levy stated in section 259A(2)
41: New heading inserted
The following heading is inserted before section 260 Other Orders in Council .
42: New headings and sections 261A to 261H inserted
The following headings and sections are inserted after section 261 Rules for performance measures
261A: Purpose of rules specifying performance measures
The purpose of rules made under section 261B
261B: Secretary must make rules specifying performance measures
1: The Secretary must, as soon as is reasonably practicable, make rules specifying performance measures in relation to the following groups of activities:
a: water supply:
b: sewerage and the treatment and disposal of sewage:
c: stormwater drainage:
d: flood protection and control works:
e: the provision of roads and footpaths.
2: Before making a rule under subsection (1)
a: consider whether an existing performance measure is suitable for the purpose; and
b: have regard to whether a performance measure—
i: measures the level of service for a major aspect of the group of activities; and
ii: addresses an aspect of the service that is of widespread interest in the communities to which a service in relation to the group of activities is provided; and
iii: contributes to the effective and efficient management of the group of activities.
3: Before making a rule, the Secretary must—
a: consult every local authority; and
b: publish in the Gazette
c: give interested persons a reasonable time, which must be specified in the notice, to make submissions on the proposal; and
d: consult any other persons or groups as the Secretary considers appropriate.
4: The Secretary must—
a: make copies of the rules available for purchase at a reasonable price; and
b: make copies of the rules available free of charge, at all reasonable times, on an Internet site maintained by, or on behalf of, the Secretary; and
c: give notice in the Gazette
i: the rules have been made; and
ii: copies of the rules may be purchased and the place at which they may be purchased; and
iii: the rules are available on an Internet site, free of charge, and state the Internet site address.
5: A rule comes into force 28 days after the date of its notification in the Gazette
261C: Status of rules
A rule made under section 261B Incorporation by reference
261D: Incorporation of documents by reference in rules
1: The following written material may be incorporated by reference in a rule made under section 261B
a: standards, requirements, or recommended practices of international or national organisations:
b: standards, requirements, or recommended practices prescribed in any country or jurisdiction:
c: any other written material that deals with technical matters and that is too large or impractical to include in, or print as part of, the rule.
2: Material may be incorporated by reference in a rule—
a: in whole or in part; and
b: with modifications or additions specified in the rule.
3: Material incorporated by reference in a rule has legal effect as part of the rule.
261E: Proof of material incorporated by reference
1: A copy of material incorporated by reference in a rule, including any amendment to, or replacement of, the material, must be—
a: certified by the Secretary as a correct copy of the material incorporated by reference; and
b: retained by the Secretary.
2: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence that the material is incorporated by reference in the rule.
261F: Effect of change to, or expiry of, material incorporated by reference
1: This section applies to—
a: an amendment to, or a replacement of, material incorporated by reference in a rule:
b: material incorporated by reference in a rule if the material expires, is revoked, or ceases to have effect.
2: The amendment or replacement has legal effect as part of the rule only if the rule is varied to state that the amendment or replacement has that effect.
3: The material described in subsection (1)(b)
261G: Consultation on proposal to incorporate material by reference
1: Before a rule is made under section 261B
a: must make copies of any material proposed to be incorporated by reference in the rule (or the proposed amendment to, or replacement of, material incorporated by reference in the rule) (the proposed material
b: must make copies of the proposed material available for purchase at a reasonable price; and
c: must make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the Secretary, unless doing so would infringe copyright; and
d: may make copies of the proposed material available in any way that the Secretary considers appropriate in the circumstances; and
e: must give notice in the Gazette
i: that the proposed material is available for inspection during working hours and free of charge, the place at which it can be inspected, and the period during which it can be inspected; and
ii: that copies of the proposed material can be purchased and the place at which they can be purchased; and
iii: if applicable, that the proposed material is available on the Internet free of charge and the Internet site address; and
f: must allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
g: must consider any comments made.
2: The reference in subsection (1)
3: A failure to comply with this section does not invalidate a rule that incorporates material by reference.
261H: Access to material incorporated by reference
1: The Secretary—
a: must make the material referred to in subsection (2)
b: must make copies of the incorporated material available for purchase at a reasonable price; and
c: must make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Secretary, unless doing so would infringe copyright; and
d: may make copies of the incorporated material available in any other way that the Secretary considers appropriate in the circumstances; and
e: must give notice in the Gazette
i: that the material is incorporated in the rule and the date on which the rule was made; and
ii: that the material is available for inspection during working hours free of charge and the place at which it can be inspected; and
iii: that copies of the material can be purchased and the place at which they can be purchased; and
iv: that the material is available on the Internet and free of charge, and the Internet site address; and
v: if copies of the material are available under paragraph (d)
2: The material referred to in subsection (1)
a: material incorporated by reference in the rule:
b: any amendment to, or replacement of, that material that is incorporated in the rule or the material referred to in paragraph (a)
c: if the material referred to in paragraph (a)
3: A failure to comply with this section does not invalidate a rule that incorporates material by reference.
43: Section 279 repealed
Section 279
44: Sections 281 and 282 repealed
Sections 281 282
45: Section 288 repealed
Section 288
46: Schedule 7 amended
Clause 39(1) out of the general revenues of the district
47: New clause 10 added in Schedule 8
Schedule 8
10: Additional content of statements of intent
1: This clause applies to a council-controlled organisation that provides services in relation to the following groups of activities:
a: water supply:
b: sewerage and the treatment and disposal of sewage:
c: stormwater drainage:
d: flood protection and control works:
e: the provision of roads and footpaths.
2: The council-controlled organisation's statement of intent must, in relation to each group of activities described in subclause (1) clause 4(a) and (c) of Schedule 10
a: the reference to a long-term plan were a reference to the statement of intent; and
b: the reference to a local authority were a reference to a council-controlled organisation.
48: New Schedule 10 substituted
Schedule 10 Schedule 1
2: Consequential amendments and transitional provisions
49: Other amendments to principal Act
The principal Act is amended in the manner set out in Schedule 2
50: Consequential amendments to other enactments
The enactments listed in Schedule 3 2010-11-27 Hawke's Bay Endowment Land Empowering Act 2002 Land Transport Management Act 2003 Local Government Act 2002 Amendment Act 2006 Local Government (Auckland Council) Act 2009 Local Government (Auckland Transitional Provisions) Act 2010 Local Government (Rating) Act 2002 Public Transport Management Act 2008 Canterbury Earthquake (Local Government Act 2002) Order 2010 Transitional provisions
51: Transitional provision for long-term plan beginning on 1 July 2009
1: This section applies to a long-term plan beginning on 1 July 2009 and still in force at the commencement of this section.
2: The amendments made by this Act to Schedule 10 subsection (1) Act
3: Until a local authority has adopted a financial strategy under section 101A section 18
52: Transitional provision for annual plans
1: This section applies to an annual plan that relates to the period—
a: 1 July 2010 to 30 June 2011; or
b: 1 July 2011 to 30 June 2012.
2: The amendments made by this Act to section 85(2)(a) Schedule 10 subsection (1) Act
53: Transitional provision for audit of information in annual report and summary
1: This section applies to an annual report that relates to the period—
a: 1 July 2009 to 30 June 2010; or
b: 1 July 2010 to 30 June 2011; or
c: 1 July 2011 to 30 June 2012.
2: The amendments made by this Act to Schedule 10 subsection (1)
3: The amendments made by this Act to section 99 subsection (1)
54: Transitional provision for pre-election report
1: Despite section 99A section 17 clause 36(1)(a)(i) and (iii) of Schedule 10
a: the funding impact statement referred to in clause 30 of Schedule 10
b: a summary of cash flows based on the financial statements referred to in clause 29 of Schedule 10
2: The summary of cash flows must disclose income from rates and payments for property, plant, equipment, and intangible assets separately.
55: Transitional provision for identification and reporting of community outcomes
A local authority is not required to comply with, or complete the compliance with, an obligation under section 91 92 section 13
56: Transitional provision for review of certain funding and financial policies
1: This section applies to a review of the following policies:
a: a local authority's policy on the remission and postponement of rates on Māori freehold land under section 108(4A) section 25
b: a local authority's rates remission policy under section 109(2A) section 26
c: a local authority's rates postponement policy under section 110(2A) section 27
2: A policy specified in subsection (1)