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Local Government Act 2002

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

291: Reorganisation proposals

You could also call this:

“Old ways to change local government can still be finished”

If you started a process to change how local government is organised before this new law came into effect, you can still finish that process using the old rules. This applies to proposals you filed, plans you drafted, appeals you made, or any other related matters that weren’t finished when the new law started.

You can keep working on these things as if the old law (the Local Government Act 1974) was still in place. If your reorganisation plan is approved, it can still go ahead under the old rules.

If you had the right to appeal to the Commission or the High Court about these matters under the old law, you still have that right. You can also still apply for a review if you could do so before.

You can always choose to withdraw your application, notice, or proposal if you want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM174221.

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

291Reorganisation proposals

  1. If, at the commencement of this section, any proceedings relating to—

  2. a reorganisation proposal filed before the commencement of this section under section 37ZP of the Local Government Act 1974; or
    1. any draft reorganisation scheme, appeal, review, or other matter arising from the filing of a proposal of the kind described in paragraph (a),—
        1. have not been determined or completed, those proceedings may be continued and completed and are to be dealt with under the Local Government Act 1974 as if this Act had not been passed, and any reorganisation scheme that results from those proceedings may proceed under Part 2BB of that Act and be implemented under Part 2BC of that Act.

      1. Any person who, if this Act had not been enacted, would have had—

      2. a right of appeal to the Commission or the High Court; or
        1. a right to make any application for review,—
            1. in respect of any proceedings to which subsection (1) applies will continue to have that right and that right may be exercised as if the enactments repealed by this Act had continued in force.

          1. Nothing in this section limits the right of any person to withdraw an application, notice, or proposal.