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Local Government Act 2002

Consequential amendments, repeals, revocations, transitional provisions, and savings - Transitional provisions

289A: Special orders on or after 1 July 2003

You could also call this:

“Rules for local authorities using special powers between 1 July 2003 and a later date”

If you’re a local authority and you need to use a special power between 1 July 2003 and when the Local Government Act 1974 Amendment Act 2004 started, this part of the law tells you how to do it properly.

You can use the power in two ways, and both are okay:

The first way is to follow the old rules from the Local Government Act 1974 for special orders, just like the Local Government Act 2002 wasn’t there. But when you decide to use the power, you also need to follow sections 76 to 83 of the Local Government Act 2002.

The second way is to use the new rules from the Local Government Act 2002 for special consultative procedures. Again, when you decide to use the power, you need to follow sections 76 to 83 of the Local Government Act 2002.

If you use either of these ways, it means you’ve used the power correctly, both now and in the past.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174218.

Topics:
Government and voting > Local councils
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“Rules for using special powers that started before July 2003”

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Part 12 Consequential amendments, repeals, revocations, transitional provisions, and savings
Transitional provisions

289ASpecial orders on or after 1 July 2003

  1. This section applies—

  2. to any power that a local authority is required to exercise by special order under the Local Government Act 1974; and
    1. to an exercise of the power on or after 1 July 2003, and before the commencement of the Local Government Act 1974 Amendment Act 2004.

      1. A power is to be treated as having been exercised lawfully, and as having always been exercised lawfully, if subsection (3) or subsection (4) is complied with.

      2. This subsection is complied with if—

      3. the power has been exercised in accordance with the special order procedure in the Local Government Act 1974 as if the Local Government Act 2002 had not been passed; and
        1. the decision to exercise the power was made in accordance with sections 76 to 83 of the Local Government Act 2002.

          1. This subsection is complied with if—

          2. the power has been exercised in accordance with the special consultative procedure in the Local Government Act 2002; and
            1. the decision to exercise the power was made in accordance with sections 76 to 83 of the Local Government Act 2002.

              Notes
              • Section 289A: inserted, on , by section 23 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).