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Local Government Act 2002

Structure and reorganisation of local government - Reorganisation of local authorities

24: Scope of local government reorganisation

You could also call this:

“This law explains how local governments can change their setup and responsibilities”

Local government reorganisation can involve many changes to how your local government is set up. These changes can include joining districts or regions together, creating new districts or regions, or getting rid of existing ones. It can also change the boundaries of districts or regions.

Sometimes, reorganisation means moving responsibilities or powers from one local authority to another. A territorial authority might take on the duties of a regional council and become a unitary authority. Or a local authority might do the jobs of both a regional council and a territorial authority for different areas.

Reorganisation can also create joint committees and give them specific jobs. It can set up new local board areas or make changes to existing ones, like deciding how the chairperson is chosen or if the board can have appointed members.

There are special rules called Schedule 3 that apply to most local government reorganisations. But if the changes only affect local boards within one unitary authority’s district, different rules called Schedule 3A are used instead.

If a unitary authority wants to change the boundaries of a local board area in a specific way, they follow a different set of rules from the Local Electoral Act 2001.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM171833.

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Part 3 Structure and reorganisation of local government
Reorganisation of local authorities

24Scope of local government reorganisation

  1. Local government reorganisation may provide for 1 or more of the following matters:

  2. the union of districts or regions:
    1. the constitution of a new district or region, including the constitution of a new local authority for that district or region:
      1. the abolition of a district or region, including the dissolution or abolition of the local authority for that district or region:
        1. the alteration of the boundaries of any district or region:
          1. the transfer from one local authority to another of—
            1. a responsibility, duty, or power conferred by an enactment; or
              1. a discretionary function:
              2. the assumption by a territorial authority of the responsibilities, duties, and powers of a regional council as a unitary authority:
                1. the performance and exercise by a local authority of both—
                  1. the responsibilities, duties, and powers of a regional council in respect of a region; and
                    1. the responsibilities, duties, and powers of a territorial authority in respect of a district that constitutes a part only of that region:
                    2. the establishment of 1 or more joint committees and the delegation of responsibilities, duties, and powers to those committees:
                      1. the establishment of a local board area, including the establishment of a local board for that area:
                        1. in relation to a local board, other than a local board established under the Local Government (Auckland Council) Act 2009,—
                          1. the means by which the chairperson is elected; and
                            1. whether the local board may include appointed members:
                            2. the abolition of a local board area:
                              1. the alteration of the boundaries of a local board area:
                                1. the union of 2 or more local board areas.

                                  1. Schedule 3 applies in relation to local government reorganisation.

                                  2. However, Schedule 3A applies instead of Schedule 3 to a local government reorganisation if—

                                  3. the local government reorganisation only provides for 1 or more of the following matters:
                                    1. the establishment of a local board area, including the establishment of a local board for that area:
                                      1. in relation to a local board, other than a local board established under the Local Government (Auckland Council) Act 2009,—
                                        1. the means by which the chairperson is elected; and
                                          1. whether the local board may include appointed members:
                                          2. the abolition of a local board area:
                                            1. the alteration of the boundaries of a local board area:
                                              1. the union of 2 or more local board areas; and
                                              2. the areas affected, or potentially affected, by each matter are wholly within the district of 1 existing unitary authority.

                                                1. Subsections (1) to (3), sections 24A to 26A, and Schedules 3 and 3A do not apply to an alteration of the boundaries of a local board area that is proposed by a unitary authority in accordance with section 19JAA of the Local Electoral Act 2001.

                                                Notes
                                                • Section 24: replaced, on , by section 9 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                                                • Section 24(3): inserted, on , by section 40 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
                                                • Section 24(4): inserted, on , by section 40 of the Local Government Electoral Legislation Act 2023 (2023 No 57).