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Local Government Act 2002

Preliminary provisions

8: Act binds the Crown

You could also call this:

“The law explains how the government must follow some parts of the Local Government Act 2002”

This law is about how the Local Government Act 2002 applies to the government. Here’s what you need to know:

The law doesn’t apply to the government in most cases. However, there are some parts that do apply:

The parts about the powers of the Minister and officials apply to the government. These are in section 22 and subpart 4 of Part 2.

The parts about the Commission, reorganising local authorities, and setting up community boards also apply to the government. You can find these in Part 3 and Schedules 4, 5, and 6.

Part 10, which is about the Minister’s powers over how local authorities are run, applies to the government too.

Subpart 1 of Part 8 applies to the government in some ways, as explained in sections 153 and 154.

The law, and any rules made under it, apply to anyone who has an interest in government property, just like they would for private property. This includes people who lease or have a licence for government property.

If you’re put in charge of a public reserve owned by the government under section 28 of the Reserves Act 1977, you’re treated as if you have an interest in that reserve.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM171499.

Topics:
Government and voting > Local councils
Housing and property > Land use
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Part 1 Preliminary provisions

8Act binds the Crown

  1. Except as provided in subsections (2) and (3), this Act does not bind the Crown.

  2. The following provisions of this Act bind the Crown:

  3. section 22 and subpart 4 of Part 2 (which relate to the powers of the Minister and of officials); and
    1. Part 3 and Schedules 4, 5, and 6 (which relate to the Commission, the reorganisation of local authorities, and the establishment of community boards); and
      1. Part 10 (which relates to the Minister's powers in relation to the governance of local authorities).

        1. Subpart 1 of Part 8 binds the Crown to the extent set out in sections 153 and 154.

        2. Except as provided in subsections (2) and (3), this Act, and the regulations and bylaws made under it, apply to the interest of any lessee, licensee, or other person claiming an interest in any property of the Crown in the same manner as they apply to private property.

        3. A local authority or person or body of persons (whether incorporated or not) appointed, under section 28 of the Reserves Act 1977, to control and manage any public reserve that is vested in the Crown is, by virtue of that appointment, deemed to have an interest in that reserve.

        Notes
        • Section 8(2)(c): amended, on , by section 6 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).