Plain language law

New Zealand law explained for everyone

Local Government Act 2002

Governance and management of local authorities and community boards - Local boards

48G: Status of local boards

You could also call this:

“Local boards are part of a bigger group and make some decisions for it”

A local board is a group without its own legal identity. You can think of it as a part of a bigger organisation called a unitary authority, but it’s not the same as the unitary authority itself.

Local boards are different from other groups you might have heard of, like local authorities, community boards, or committees. They can’t do things on their own that require legal standing. This means they can’t buy, sell, or own property. They also can’t make contracts, hire or fire people, or be involved in legal cases.

Even though local boards can’t do these things on their own, they still have an important job. They are responsible for making some decisions for the unitary authority. These decisions are given to them based on rules set out in section 48K of the law.

Remember, a local board is part of the bigger unitary authority, not a separate entity. It’s like a team within a larger organisation, with specific tasks and responsibilities, but without its own legal identity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6236189.

Topics:
Government and voting > Local councils
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48F: Indemnification and liability of local board members, or

“Rules about protecting local board members and what they're responsible for”

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48H: Functions, duties, and powers of local boards, or

“What local boards do and are responsible for”

Part 4 Governance and management of local authorities and community boards
Local boards

48GStatus of local boards

  1. A local board is an unincorporated body.

  2. A local board is not a local authority, a community board, or a committee of a governing body.

  3. A local board does not have separate legal standing from the unitary authority and therefore, without limitation, may not—

  4. acquire, hold, or dispose of property; or
    1. enter into contracts; or
      1. appoint, suspend, or remove employees; or
        1. commence, or be a party to, or be heard in legal proceedings.

          1. Nothing in this section limits the responsibility of a local board to make the decisions of the unitary authority that are allocated to it in accordance with section 48K.

          Notes
          • Section 48G: inserted, on , by section 17 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).