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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - The Crown bound by certain bylaws

154: Power of exemption

You could also call this:

“The government can decide not to follow local rules if it's important for the whole country”

The Minister of Local Government can choose to free the Crown from following a local bylaw that it normally has to follow under section 153. The Minister can do this if they think it’s important for the whole country. To do this, the Minister sends a notice to the local authority in charge.

When the Minister makes this decision, they have to tell everyone about it. This is done through a special kind of law called secondary legislation. You can find out more about how this is shared with the public in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172999.

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Government and voting > Local councils
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153: The Crown bound by certain bylaws, or

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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: The Crown bound by certain bylaws

154Power of exemption

  1. The Minister of Local Government may, by a notice copied to the relevant local authority, exempt the Crown from any bylaw by which it is bound under section 153 if the Minister is satisfied, in his or her discretion, that the exemption is in the national interest.

  2. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 154(1): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 154(2): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).