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Local Government Act 2002

Structure and reorganisation of local government - Reorganisation of local authorities

24A: Transitional modification or suspension of certain statutory requirements after issue of reorganisation plan

You could also call this:

“Changes to local council rules when big changes are being planned”

This section of the law allows for changes to certain deadlines and requirements when a reorganisation plan for local government is being considered. Here’s what you need to know:

The Governor-General can make special orders to help local authorities when there’s a reorganisation plan that might change how they work. These orders can do a few things:

  1. They can give the local authority up to 12 more months to finish important plans or strategies.

  2. They can also extend the time for any other tasks that depend on those plans.

  3. They can even delay the next local election by up to 12 months after it was supposed to happen.

These changes are only allowed for a specific time. This time starts when the public is told about the reorganisation plan and ends six months later.

To make these changes, a few things need to happen:

  1. The Minister has to recommend it.
  2. The Minister must think it’s necessary to avoid confusing people or wasting resources, or that it’s good for the local area.
  3. Both the affected local authority and the Commission have to agree.

If an order is made, it has to be published in the Gazette, which is like an official government newsletter.

This law helps make sure that important local government work isn’t disrupted when big changes might be coming.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4923272.

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24: Scope of local government reorganisation, or

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

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25: Order in Council to give effect to reorganisation plan, or

“The government makes a special rule to put local government changes into action”

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

24ATransitional modification or suspension of certain statutory requirements after issue of reorganisation plan

  1. The purpose of this section is to authorise the extension or postponement of certain statutory requirements after public notice of a reorganisation plan is given under clause 13 of Schedule 3 if a poll of electors on that plan is to be held under clause 25 of that schedule.

  2. This section applies to a reorganisation plan only if the plan provides for any of the matters specified in clause 23(1) of Schedule 3.

  3. The Governor-General may, by Order in Council, in relation to an affected local authority,—

  4. extend, for a period not exceeding 12 months, the time by which the local authority would otherwise have to complete, within the specified period, any action relating to the preparation or adoption of any plan, policy, or strategy required by or under any enactment:
    1. extend the time by which the local authority would otherwise have to complete anything relating to, and dependent or consequential on, the action in relation to which the period has been extended under paragraph (a):
      1. postpone, to a date not more than 12 months after the date determined under section 10 of the Local Electoral Act 2001, the next triennial general election of members of the local authority.

        1. However, the power under subsection (3)(c) may be exercised only if the triennial election, or any action or process preliminary to holding it, would otherwise be required to be held or taken in the specified period.

        2. An Order in Council may be made only—

        3. during the specified period; and
          1. on the recommendation of the Minister; and
            1. if the Minister is satisfied that the Order in Council is—
              1. necessary to avoid public confusion or waste of public resources; or
                1. in the interests of the district of the affected local authority; and
                2. with the agreement of—
                  1. the affected local authority; and
                    1. the Commission.

                    2. In this section,—

                      specified period means the period—

                      1. beginning on the date on which public notice is given of the reorganisation plan under clause 13 of Schedule 3; and
                        1. ending on the close of the date that is 6 months after the date on which that public notice is given.

                        2. An order under subsection (3) must be published in the Gazette.

                        Notes
                        • Section 24A: inserted, on , by section 13 of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                        • Section 24A heading: amended, on , by section 10(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                        • Section 24A(1): replaced, on , by section 10(2) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                        • Section 24A(2): replaced, on , by section 10(3) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                        • Section 24A(6) specified period: replaced, on , by section 10(4) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                        • Section 24A(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).