Local Government Act 2002

Savings

Schedule 1AA: Application, savings, and transitional provisions

You could also call this:

“How changes in the law for local councils are managed and put into place”

This schedule outlines application, savings, and transitional provisions for the Local Government Act 2002 and its amendments. Here are the key points:

  • It provides transitional arrangements for triennial agreements, delivery of services, and local government reorganisations that were in progress when amendments came into force.

  • There are provisions for adopting new policies on significance and engagement, development contributions, and joint committees.

  • It allows territorial authorities to retain development contributions made before certain amendments and continue collecting those that were required before the amendments.

  • The schedule outlines transitional arrangements for long-term plans, annual plans, and annual reports as various amendments came into effect.

  • It includes provisions related to the Water Services Act 2021, Water Services Entities Act 2022, and subsequent repeal of water services legislation.

  • There are transitional provisions for local authorities to adjust their planning and reporting to account for changes in water services responsibilities.

  • It provides options for local authorities to defer adopting long-term plans and reviewing water services bylaws under certain conditions.

  • The schedule also includes transitional provisions related to the repeal of the regional fuel tax in Auckland, allowing for continued application of certain provisions until related funds are spent.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6241709.

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1AAApplication, savings, and transitional provisions Empowered by s 8A

1Provisions relating to Local Government Act 2002 Amendment Act 2014

1Transitional provision relating to triennial agreements

  1. A triennial agreement that is in force on the date of commencement of section 9 of the Local Government Act 2002 Amendment Act 2014

  2. is not required to comply with the requirements of section 15 as replaced by section 9 of the Local Government Act 2002 Amendment Act 2014; but
    1. may be replaced by a new triennial agreement that does comply with those requirements at any time; and
      1. must be replaced by a triennial agreement that does comply with those requirements not later than 1 March after the next triennial general election of members.
        1. A triennial agreement to which subclause (1) applies remains in force until it is replaced by another agreement.

        2Transitional provision relating to delivery of services

        1. A local authority must complete its first reviews under section 17A in relation to governance, funding, and delivery of any infrastructure, service, or regulatory function within 3 years of the commencement of section 12 of the Local Government Act 2002 Amendment Act 2014.

        2. Subclause (1) is subject to subsections (2) and (3) of section 17A.

        3Transitional provision relating to scope of local government reorganisations

        1. The amendments to section 24 and Schedule 3 made by sections 14 and 69 and Schedule 2 of the Local Government Act 2002 Amendment Act 2014 apply to every local government reorganisation for which no final proposal has been publicly notified under clause 22 of Schedule 3 at the date of commencement of those amending sections.

        2. To avoid doubt, subclause (1) does not limit or affect the obligations and powers of the Local Government Commission under clause 21 of Schedule 3.

        4Transitional provision relating to significance and engagement policy

        1. A local authority must adopt a significance and engagement policy under section 76AA (inserted by section 20 of the Local Government Act 2002 Amendment Act 2014) no later than 1 December 2014.

        2. Despite the repeal of section 90, every policy on significance adopted under that section remains in force until a significance and engagement policy is adopted under section 76AA.

        3. Until a policy is adopted under section 76AA, every reference to such a policy must be treated as a reference to a policy on significance adopted under section 90.

        5Requirement to enter into agreement under clause 30A of Schedule 7

        1. This clause applies to a local authority that appointed a joint committee under clause 30(1)(b) of Schedule 7 before the date of commencement of clause 30A of Schedule 7 if that committee remains in existence after that date.

        2. The local authority must, within 12 months of the date of commencement of clause 30A of Schedule 7, enter into an agreement under that clause with every other local authority or public body that has appointed members to that joint committee.

        3. If an agreement under clause 30A of Schedule 7 is not entered into within the period specified in subclause (2), the joint committee is deemed to be discharged by the local authority.

        4. Nothing in this clause applies if the joint committee referred to in subclause (1) was constituted or continued by, or required to be constituted or continued by, an enactment other than this Act.

        6Savings provision relating to development contributions made or required before commencement

        1. Territorial authorities may retain any development contributions made to them before the commencement of this clause, as if the Local Government Act 2002 Amendment Act 2014 had not been enacted.

        2. The enactment of the Local Government Act 2002 Amendment Act 2014 does not affect the collection of any development contribution that was required before the commencement of this clause.

        Notes

          7Transitional provision relating to certain consents, certificates, and requests

          1. This clause applies to an application for a resource consent, building consent, certificate of acceptance, or authorisation for service connection that, at the commencement of this clause,—

          2. has been submitted to a territorial authority accompanied by all required information; and
            1. in respect of which a development contribution has yet to be required.
              1. The application must be dealt with, and any development contribution must be required, collected, and paid, as if the Local Government Act 2002 Amendment Act 2014 had not been enacted.

              8Transitional provision regarding development contributions for community infrastructure (Repealed)

                Notes
                • Schedule 1AA clause 8: repealed, on , by section 14(3) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

                9Transitional provision relating to development contributions policy

                1. Until 30 June 2015 a development contributions policy that was in force immediately before the commencement of this clause is not invalid solely because it is inconsistent with this Act as amended by the specified provisions.

                2. No later than 1 December 2014, the territorial authority must make publicly available the information required by section 82A(2) in respect of changes proposed to comply with subclause (3).

                3. No later than 30 June 2015, the development contributions policy must be amended to comply with this Act as amended by the specified provisions.

                4. In this clause, the specified provisions means sections 50, 51(2), and 53 of the Local Government Act 2002 Amendment Act 2014.

                5. Nothing in this clause limits—

                6. the application (before, on, or after 30 June 2015) of clause 8; or
                  1. the application of the amendments to this Act made by section 53 of the Local Government Act 2002 Amendment Act 2014.

                    10Transitional provision relating to additions to development contributions policy

                    1. Until the date that is 1 month after the date on which sections 57 and 59 of the Local Government Act 2002 Amendment Act 2014 come into force, a development contributions policy that was in force immediately before the commencement of this clause is not invalid solely because it is inconsistent with section 201A or 202A.

                    2. No later than the date referred to in subclause (1), a territorial authority to which section 201A applies must amend its development contributions policy by including a schedule in accordance with that section.

                    3. No later than the date referred to in subclause (1), a territorial authority must amend its development contributions policy to comply with section 202A.

                    4. A territorial authority may make the amendments to its development contributions policy required by subclauses (2) and (3) by resolution without consultation or further formality.

                    5. Nothing in subclause (1) limits clause 8(3).

                    11Transitional provision relating to long-term plans

                    1. The repeal of section 84 by section 26 of the Local Government Act 2002 Amendment Act 2014, and the amendments to sections 93 and 94 and Schedule 10 made by sections 30 and 32 and the first 7 items in Schedule 5 of that Act, do not apply to a long-term plan for a period commencing before 1 July 2015, and nothing in this Act requires such a long-term plan to be amended to ensure it complies with those requirements.

                    2. Sections 93A to 93G and 101B, as inserted by sections 31 and 36 of the Local Government Act 2002 Amendment Act 2014, do not apply to a long-term plan for a period commencing before 1 July 2015, and nothing in this Act requires such a long-term plan to be amended to ensure it complies with those requirements.

                    3. The amendments to this Act referred to in subclauses (1) and (2) apply only to long-term plans for the period commencing on 1 July 2015 and subsequent long-term plans.

                    12Transitional provision relating to annual plans

                    1. The repeal of section 85 by section 27 of the Local Government Act 2002 Amendment Act 2014, and the amendments to section 95 and Schedule 10 made by section 33 and the 8th and 9th items in Schedule 5 of that Act, do not apply to an annual plan for a period commencing before 1 July 2016, and nothing in this Act requires such an annual plan to be amended to ensure it complies with those requirements.

                    2. Sections 82A(3), 95A, and 95B, as inserted by sections 24 and 34 of the Local Government Act 2002 Amendment Act 2014, do not apply to an annual plan for a period commencing before 1 July 2016, and nothing in this Act requires such an annual plan to be amended to ensure it complies with those requirements.

                    3. The amendments to this Act referred to in subclauses (1) and (2) apply only to annual plans for the period commencing on 1 July 2016 and ending on 30 June 2017 and subsequent annual plans.

                    13Transitional provision relating to annual reports

                    1. The amendments to Schedule 10 made by the 10th to 13th items in Schedule 5 of the Local Government Act 2002 Amendment Act 2014 apply only to annual reports for the period commencing on 1 July 2013 and ending on 30 June 2014 and subsequent annual reports.

                    2Provisions relating to Local Government (Community Well-being) Amendment Act 2019

                    14Interpretation in this Part

                    1. In this Part, 2019 Act means the Local Government (Community Well-being) Amendment Act 2019.

                    Notes
                    • Schedule 1AA clause 14: inserted, on , by section 14(4) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

                    15Transitional provision relating to development contributions for certain community infrastructure

                    1. This clause applies to any work or programme that—

                    2. was not within the definition of community infrastructure as it was immediately before the commencement of section 11 of the 2019 Act, but is within the definition of community infrastructure immediately after the commencement of that section; and
                      1. was completed on or after 8 August 2014 and before the commencement of section 11 of the 2019 Act.
                        1. If a territorial authority amends its development contribution policy to require development contributions in relation to any work or programme described in subclause (1),—

                        2. the work or programme must be separately identified in the schedule required by section 201A; and
                          1. for each work or programme separately identified, instead of the matters specified in section 201A(1)(c) and (d), the schedule must list—
                            1. the proportion of the capital cost of the work or programme that the territorial authority would have proposed to recover through development contributions had it been possible to recover development contributions in respect of all developments that meet the criteria in the amended policy; and
                              1. the proportion of the capital cost of the work or programme that the territorial authority would have proposed to recover from other sources had it been possible to recover development contributions in respect of all developments that meet the criteria in the amended policy; and
                                1. based on the proportion specified under subparagraph (i), the amount that would have been recoverable in respect of resource consents granted, building consents granted, and service connections granted before the date on which the amendment to the development contribution policy came into effect (and which therefore cannot be recovered through development contributions); and
                                  1. after taking into account the territorial authority’s inability to recover the amount specified in subparagraph (iii) from development contributions,—
                                    1. the adjusted proportion of the capital cost that the territorial authority proposes to recover through development contributions; and
                                      1. the adjusted proportion of the capital cost that the territorial authority proposes to recover from other sources.
                                    Notes
                                    • Schedule 1AA clause 15: inserted, on , by section 14(4) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

                                    3Provisions relating to Local Government Act 2002 Amendment Act 2019

                                    Transitional provision relating to reporting and publication requirements

                                    16Delayed effective date for certain reporting and publication requirements

                                    1. Despite sections 64(9), 64B(3), 66(5), and 67(4), a local authority is not required to publish a council-controlled organisation’s statement of intent, statement of expectations, half-yearly or quarterly report, or annual report on an Internet site maintained by the local authority before the date that is 3 months after the date of commencement of the Local Government Act 2002 Amendment Act 2019.

                                    2. Despite sections 66 and 67(1)(b), a council-controlled organisation is not required to deliver a report to a local authority that indirectly controls the organisation before the date that is 3 months after the date of commencement of the Local Government Act 2002 Amendment Act 2019.

                                    Notes
                                    • Schedule 1AA clause 16: inserted, on , by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

                                    Transitional provisions relating to scope of local government reorganisations

                                    17Interpretation

                                    1. In this Part,—

                                      relevant amendments means the amendments to subpart 2 of Part 3 and to Schedule 3 made by sections 8 to 14 and 31 of the Local Government Act 2002 Amendment Act 2019

                                        relevant provisions means the provisions in subpart 2 of Part 3 and Schedule 3.

                                        Notes
                                        • Schedule 1AA clause 17: inserted, on , by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

                                        18Relevant amendments do not apply if final proposal notified before commencement

                                        1. The relevant amendments do not apply to a local government reorganisation for which a final proposal was publicly notified under clause 22 of Schedule 3 before the repeal of that clause and the commencement of the relevant amendments. The relevant provisions continue to apply as if the relevant amendments had not been made.

                                        Notes
                                        • Schedule 1AA clause 18: inserted, on , by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

                                        Reorganisation applications made before 4 April 2019

                                        19Process if notice of proposal given, but decision not made, before commencement of relevant amendments

                                        1. Subclause (2) applies if,—

                                        2. before 4 April 2019, the Local Government Commission received a reorganisation application under clause 3 of Schedule 3; and
                                          1. before the commencement of the relevant amendments, the Commission—
                                            1. had given notice of a draft proposal under clause 20 of Schedule 3; but
                                              1. had not made a decision under clause 21(1) of that schedule in respect of that draft proposal.
                                              2. If this subclause applies,—

                                              3. the relevant provisions, as amended by the relevant amendments, apply to consideration of the draft proposal as if it were a reorganisation investigation under subpart 2 of Part 1 of Schedule 3; but
                                                1. the Commission must complete the consultation required by clause 20 of Schedule 3 as if that clause had not been repealed, before taking any action under Part 2 of Schedule 3.
                                                  Notes
                                                  • Schedule 1AA clause 19: inserted, on , by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

                                                  20Process if decision to assess application notified before commencement of relevant amendments, but draft proposal not completed

                                                  1. Subclause (2) applies if,—

                                                  2. before 4 April 2019, the Local Government Commission received a reorganisation application under clause 3 of Schedule 3; and
                                                    1. before the commencement of the relevant amendments, the Commission—
                                                      1. had notified its decision to assess an application under clause 6 of Schedule 3; but
                                                        1. had not completed a draft proposal for the affected area under clause 14 of that schedule.
                                                        2. If this subclause applies,—

                                                        3. the relevant provisions, as amended by the relevant amendments, apply to the application, and to any alternative applications relating to the application received under clause 10 of Schedule 3, as if each application were a reorganisation initiative under subpart 1 of Part 1 of Schedule 3; but
                                                          1. the Commission must undertake 1 or more investigations covering the proposals in the application or applications, and clause 5 of Schedule 3 does not apply.
                                                            Notes
                                                            • Schedule 1AA clause 20: inserted, on , by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

                                                            Reorganisation applications made after 4 April 2019

                                                            21Process if reorganisation application made between 4 April 2019 and date of commencement of relevant amendments

                                                            1. Subclauses (2) to (4) apply if the Commission received a reorganisation application under clause 3 of Schedule 3 in the period starting on 4 April 2019 and ending immediately before the commencement of the relevant amendments.

                                                            2. If the reorganisation application was made by a person, body, or group, other than a local authority or the Minister, the Commission must determine whether the application was made on behalf of a group that comprises at least 10% of electors in the affected area.

                                                            3. If the Commission determines that the application was not made on behalf of a group that comprises at least 10% of electors in the affected area,—

                                                            4. the Commission must not assess or continue to assess the application; and
                                                              1. the Commission must notify the person who submitted the application that—
                                                                1. the application will not be assessed; but
                                                                  1. the person may propose a reorganisation initiative or make an investigation request in accordance with subpart 1 of Part 1 of Schedule 3.
                                                                  2. If the Commission determines that the application was made on behalf of a group that comprises at least 10% of electors in the affected area, the application must be progressed as follows:

                                                                  3. in accordance with clause 19(2), if the circumstances described in clause 19(1)(b) apply; and
                                                                    1. in accordance with clause 20(2), if the circumstances described in clause 20(1)(b) apply.
                                                                      Notes
                                                                      • Schedule 1AA clause 21: inserted, on , by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

                                                                      4Provisions relating to Local Government (Rating of Whenua Māori) Amendment Act 2021

                                                                      22Delayed effective date of requirement for certain funding and financial policies to support principles in Preamble to Te Ture Whenua Maori Act 1993

                                                                      1. Section 102(3A) (as inserted by section 77 of the Local Government (Rating of Whenua Māori) Amendment Act 2021) does not apply to any policy adopted before the effective date for the relevant policy.

                                                                      2. The policies referred to in section 102(3A) must—

                                                                      3. be reviewed for compliance with that section by the effective date for the relevant policy; and
                                                                        1. be amended or replaced as required in order to achieve compliance with that section on or before the effective date.
                                                                          1. If a local authority amends its revenue and financing policy under section 93(4) before 1 July 2024 solely for the purpose of complying with section 102(3A), the amendment is not required to be audited in accordance with sections 93D(4) and 94.

                                                                          2. In this clause,—

                                                                            commencement date means the commencement of section 77 of the Local Government (Rating of Whenua Māori) Amendment Act 2021

                                                                              effective date means,—

                                                                              1. for a revenue and financing policy adopted under section 102(1), 1 July 2024:
                                                                                1. for a policy on development contributions or financial contributions adopted under section 102(1), the date of the completion of the first review of the policy in accordance with section 106(6) that commenced after the commencement date:
                                                                                  1. for a policy on the remission and postponement of rates on Māori freehold land adopted under section 102(1), 1 July 2022:
                                                                                    1. for any rates remission policy or rates postponement policy adopted under section 102(3), the earlier of—
                                                                                      1. 1 July 2024; and
                                                                                        1. the date of the completion of the first review of the policy under section 109(2A) or 110(2A) that commenced after the commencement date.

                                                                                      Notes
                                                                                      • Schedule 1AA clause 22: inserted, on , by section 78 of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).

                                                                                      4Provisions relating to COVID-19 Response (Further Management Measures) Legislation Act 2020 (Repealed)

                                                                                      22Special consultative procedure commenced before 17 May 2020 (Repealed)

                                                                                        Notes
                                                                                        • Schedule 1AA clause 22: repealed, on , by clause 24.

                                                                                        23Modified special consultative procedure commenced after 17 May but before 1 October 2020 (Repealed)

                                                                                          Notes
                                                                                          • Schedule 1AA clause 23: repealed, on , by clause 24.

                                                                                          24Repeal of this Part (Repealed)

                                                                                            Notes
                                                                                            • Schedule 1AA clause 24: repealed, on , by clause 24.

                                                                                            5Provisions relating to Water Services Act 2021

                                                                                            23Requirements in subpart 1 of Part 7

                                                                                            1. Despite section 125(3), every territorial authority must complete an assessment of drinking water services in accordance with section 125 by 1 July 2026.

                                                                                            Notes
                                                                                            • Schedule 1AA clause 23: inserted, on , by section 212 of the Water Services Act 2021 (2021 No 36).

                                                                                            6Provisions relating to Water Services Entities Act 2022 (Repealed)

                                                                                            Definitions

                                                                                            24Definitions (Repealed)

                                                                                              Notes
                                                                                              • Schedule 1AA clause 24: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                              Bylaws

                                                                                              25Review under section 158 or 159 of water services bylaws may be deferred during transition period (Repealed)

                                                                                                Notes
                                                                                                • Schedule 1AA clause 25: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                26Duty to identify before 1 January 2024 specified water services bylaws (Repealed)

                                                                                                  Notes
                                                                                                  • Schedule 1AA clause 26: repealed, on , by section 37(4) of the Water Services Entities Amendment Act 2023 (2023 No 44).

                                                                                                  Long-term planning if water services entity’s establishment date is 1 July 2024

                                                                                                  27Long-term planning to exclude water services during establishment period if, and only to extent that, territorial authority’s district is in service area of water services entity with establishment date of 1 July 2024 (Repealed)

                                                                                                    Notes
                                                                                                    • Schedule 1AA clause 27: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                    Planning or reporting documents if water services entity’s establishment date is 1 October 2024 to 1 July 2026

                                                                                                    28Content relating to water services in planning or reporting documents if, and only to extent that, territorial authority’s district is in service area of water services entity with establishment date of 1 October 2024 to 1 July 2026 (Repealed)

                                                                                                      Notes
                                                                                                      • Schedule 1AA clause 28: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                      29Decision making and consultation (Repealed)

                                                                                                        Notes
                                                                                                        • Schedule 1AA clause 29: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                        30Significance and engagement policy (Repealed)

                                                                                                          Notes
                                                                                                          • Schedule 1AA clause 30: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                          31Long-term plan to take effect for all or any of 2024/2034, and related documents (Repealed)

                                                                                                            Notes
                                                                                                            • Schedule 1AA clause 31: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                            32Requirements under clauses of Part 1 of Schedule 10 (Repealed)

                                                                                                              Notes
                                                                                                              • Schedule 1AA clause 32: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                              33Annual plan (Repealed)

                                                                                                                Notes
                                                                                                                • Schedule 1AA clause 33: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                34Certain decisions to be taken only if provided for in long-term plan (Repealed)

                                                                                                                  Notes
                                                                                                                  • Schedule 1AA clause 34: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                  35Annual report (Repealed)

                                                                                                                    Notes
                                                                                                                    • Schedule 1AA clause 35: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                    36Balanced budget requirement (Repealed)

                                                                                                                      Notes
                                                                                                                      • Schedule 1AA clause 36: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                      37Infrastructure strategy (Repealed)

                                                                                                                        Notes
                                                                                                                        • Schedule 1AA clause 37: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                        Budget, and unapplied rates revenue, for water services

                                                                                                                        38Budget, and unapplied rates revenue, for water services (Repealed)

                                                                                                                          Notes
                                                                                                                          • Schedule 1AA clause 38: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                          39Development contributions and financial contributions relating to water services infrastructure (Repealed)

                                                                                                                            Notes
                                                                                                                            • Schedule 1AA clause 39: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                            Chatham Islands Council

                                                                                                                            40Chatham Islands Council not subject to specified clauses (Repealed)

                                                                                                                              Notes
                                                                                                                              • Schedule 1AA clause 40: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                              7Provision relating to Water Services Legislation Act 2023 (Repealed)

                                                                                                                              41Transitional provision relating to certain annual reports required under Part 3 of Schedule 10 (Repealed)

                                                                                                                                Notes
                                                                                                                                • Schedule 1AA clause 41: repealed, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                8Provisions relating to Water Services Acts Repeal Act 2024

                                                                                                                                42Application

                                                                                                                                1. This Part—

                                                                                                                                2. applies to the Wellington Regional Council and to each territorial authority; but
                                                                                                                                  1. does not apply to the Chatham Islands Council.
                                                                                                                                    1. In this Part,—

                                                                                                                                      2024 long-term plan material

                                                                                                                                      1. means a consultation document related to a long-term plan that covers a period commencing at the start of the 2024/25 financial year; and
                                                                                                                                        1. includes material or documentation relied on by the content of such a consultation document

                                                                                                                                          authority means an entity to which this Part applies under subclause (1).

                                                                                                                                          Notes
                                                                                                                                          • Schedule 1AA clause 42: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                          Long-term plans and annual plans

                                                                                                                                          43If authority had commenced consultation on 2024–2034 long-term plan

                                                                                                                                          1. This clause applies to an authority if, before this Part comes into force, it adopts a consultation document for the purposes of its 2024–2034 long-term plan in accordance with Part 6 of this schedule (as it applied immediately before this Part came into force).

                                                                                                                                          2. The authority may, but need not,—

                                                                                                                                          3. issue a new consultation document or reconsult on the long-term plan to take into account the Water Services Acts Repeal Act 2024; and
                                                                                                                                            1. if it issues a new consultation document or reconsults on the long-term plan, decide whether to use or adopt the special consultative procedure; and
                                                                                                                                              1. delay adopting the long-term plan (in accordance with clause 46) to enable consultation on any changes to the 2024 long-term plan material required to comply with the Water Services Acts Repeal Act 2024.
                                                                                                                                                1. When finalising its long-term plan, the authority—

                                                                                                                                                2. must ensure that it complies with sections 77, 78, and 79, but (contrary to section 79(1)(a)) the local authority is not required to ensure that its compliance with sections 77 and 78 is largely in proportion to the significance of the matters affected by the decision as determined in accordance with the policy under section 76AA; but
                                                                                                                                                  1. may, when complying with sections 77(1)(c) and 78(1), consider the views and preferences of any person in the manner it considers appropriate in the circumstances.
                                                                                                                                                    1. When it adopts its 2024–2034 long-term plan, the authority must ensure that the plan includes information that reflects the authority’s long-term role in relation to providing water services.

                                                                                                                                                    2. Subclause (2)(b) applies despite section 93(2).

                                                                                                                                                    Notes
                                                                                                                                                    • Schedule 1AA clause 43: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                    44If authority’s consultation on 2024–2034 long-term plan includes information relating to provision of water services

                                                                                                                                                    1. An authority’s 2024–2034 long-term plan is not invalid as a result of the authority having, before this Part came into force,—

                                                                                                                                                    2. prepared 2024 long-term plan material that, contrary to the requirements of Part 6 of this schedule (as it applied immediately before this Part came into force), included information about the provision of water services; or
                                                                                                                                                      1. consulted on its 2024–2034 long-term plan and, contrary to the requirements of Part 6 of this schedule (as it applied immediately before this Part came into force), the 2024 long-term plan material having included information about the provision of water services.
                                                                                                                                                        1. In the circumstances described in subclause (1), any rates set, assessed, or collected by the authority are not invalidated because the 2024 long-term plan material included information about the provision of water services contrary to Part 6 of this schedule.

                                                                                                                                                        Notes
                                                                                                                                                        • Schedule 1AA clause 44: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                        45Consultation document need not contain report from Auditor-General

                                                                                                                                                        1. The consultation document for an authority’s 2024–2034 long-term plan need not contain a report from the Auditor-General.

                                                                                                                                                        2. Subclause (1) applies despite section 93C(4).

                                                                                                                                                        Notes
                                                                                                                                                        • Schedule 1AA clause 45: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                        46Extended time frame for adopting 2024–2034 long-term plan

                                                                                                                                                        1. An authority may adopt its 2024–2034 long-term plan no later than 30 September 2024.

                                                                                                                                                        2. If an authority adopts its 2024–2034 long-term plan on or after 1 July 2024, but no later than 30 September 2024,—

                                                                                                                                                        3. the authority’s 2021–2031 long-term plan continues in force until the date on which the authority adopts its 2024–2034 long-term plan; and
                                                                                                                                                          1. the authority may extend the authority’s policy on development contributions or financial contributions so that the period to which it applies ends on the date on which the authority adopts its 2024–2034 long-term plan.
                                                                                                                                                            1. Subclauses (1) and (2)(a) apply despite section 93(3).

                                                                                                                                                            Notes
                                                                                                                                                            • Schedule 1AA clause 46: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                            47Extended time frame for adopting annual report

                                                                                                                                                            1. This clause applies only if an authority decides to adopt its 2024–2034 long-term plan on or after 1 July 2024 but no later than 30 September 2024 under clause 46.

                                                                                                                                                            2. The authority may complete and adopt, by resolution, its annual report for the 2023/2024 financial year no later than 31 December 2024.

                                                                                                                                                            3. Subclause (2) applies despite section 98(3).

                                                                                                                                                            Notes
                                                                                                                                                            • Schedule 1AA clause 47: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                            Option to defer long-term plan

                                                                                                                                                            48Authority may defer adopting long-term plan

                                                                                                                                                            1. An authority may defer adopting its 2024–2034 long-term plan by 1 year if—

                                                                                                                                                            2. the authority resolves to do so, no later than 30 April 2024; or
                                                                                                                                                              1. the authority is authorised to do so by an Order in Council.
                                                                                                                                                                1. Subclause (1) applies despite section 93.

                                                                                                                                                                2. For the purposes of subclause (1)(b), the Governor-General may, by Order in Council made on the recommendation of the Minister, authorise an authority to defer adopting its 2024–2034 long-term plan in accordance with this clause and clauses 49 to 53.

                                                                                                                                                                3. An order made under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                                                                                                                                Notes
                                                                                                                                                                • Schedule 1AA clause 48: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                                49Consequences if authority defers adopting long-term plan

                                                                                                                                                                1. If an authority defers adopting its 2024–2034 long-term plan in accordance with clause 48(1),—

                                                                                                                                                                2. the authority must, no later than 30 June 2025, adopt a long-term plan that relates to the period from 1 July 2025 to 30 June 2034; and
                                                                                                                                                                  1. clause 45 does not apply to the consultation document for a long-term plan described in paragraph (a); and
                                                                                                                                                                    1. the authority must, after adopting the long-term plan under paragraph (a) but no later than 30 June 2027, adopt a long-term plan that relates to the period from 1 July 2027 to 30 June 2037; and
                                                                                                                                                                      1. the authority’s 2021–2031 long-term plan continues in force until the date on which the authority’s long-term plan that relates to the period from 1 July 2025 to 30 June 2034 comes into force; and
                                                                                                                                                                        1. the authority may extend the authority’s policy on development contributions or financial contributions so that the period to which it applies ends on the date on which the authority’s long-term plan that relates to the period from 1 July 2025 to 30 June 2034 comes into force; and
                                                                                                                                                                          1. the requirements relating to the authority’s annual plan for the 2024/25 financial year remain in force (see section 95 and Part 2 of Schedule 10); and
                                                                                                                                                                            1. the authority’s annual plan for the 2024/25 financial year must also include the additional information specified in clauses 50 to 52; and
                                                                                                                                                                              1. the authority must consult on its annual plan for the 2024/2025 financial year in accordance with clause 53.
                                                                                                                                                                                1. Subclause (1)(a) applies despite section 93(7)(a).

                                                                                                                                                                                2. Subclause (1)(c) applies despite section 93(3).

                                                                                                                                                                                3. Subclause (1)(d) applies despite section 93(3) and (7)(a).

                                                                                                                                                                                Notes
                                                                                                                                                                                • Schedule 1AA clause 49: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                                                50Additional information to be included in annual plan: groups of activities

                                                                                                                                                                                1. For the purposes of clause 49(1)(g), an authority’s annual plan must, in relation to each group of activities of the authority,—

                                                                                                                                                                                2. identify the activities within the group of activities:
                                                                                                                                                                                  1. identify the rationale for delivery of the group of activities (including the community outcomes to which the group of activities primarily contributes):
                                                                                                                                                                                    1. outline any significant negative effects that any activity within the group of activities may have on the social, economic, environmental, or cultural well-being of the local community:
                                                                                                                                                                                      1. in relation to the financial year covered by the plan, include the information specified in clauses 4(a), (b), (c), and (e), and 5 of Schedule 10 in detail.
                                                                                                                                                                                        1. For the purpose of subclause (1), each of the following activities is a group of activities:

                                                                                                                                                                                        2. water supply:
                                                                                                                                                                                          1. sewerage and the treatment and disposal of sewage:
                                                                                                                                                                                            1. stormwater drainage:
                                                                                                                                                                                              1. flood protection and control works:
                                                                                                                                                                                                1. the provision of roads and footpaths.
                                                                                                                                                                                                  1. An authority may treat any other activities as a group of activities.

                                                                                                                                                                                                  2. Subclause (3) applies despite subclause (2).

                                                                                                                                                                                                  Notes
                                                                                                                                                                                                  • Schedule 1AA clause 50: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                                                                  51Additional information to be included in annual plan: capital expenditure

                                                                                                                                                                                                  1. For the purposes of clause 49(1)(g), an authority’s annual plan must, in relation to each group of activities of the authority and for the financial year covered by the plan, include a statement of the amount of capital expenditure that the authority has budgeted to—

                                                                                                                                                                                                  2. meet additional demand for an activity; and
                                                                                                                                                                                                    1. improve the level of service; and
                                                                                                                                                                                                      1. replace existing assets.
                                                                                                                                                                                                        1. For the purpose of subclause (1), capital expenditure budgeted for 2 or all of the purposes in subclause (1) may be treated as if it were made solely in relation to the primary purpose of the expenditure.

                                                                                                                                                                                                        Notes
                                                                                                                                                                                                        • Schedule 1AA clause 51: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                                                                        52Additional information to be included in annual plan: resolution not to balance operating budget

                                                                                                                                                                                                        1. For the purposes of clause 49(1)(g), if the authority has resolved, under section 100(2), not to balance its operating budget in the year covered by the annual plan, the annual plan must include—

                                                                                                                                                                                                        2. a statement of the reasons for the resolution and any other matters taken into account; and
                                                                                                                                                                                                          1. a statement of the implications of the decision.
                                                                                                                                                                                                            Notes
                                                                                                                                                                                                            • Schedule 1AA clause 52: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                                                                            53Consultation on annual plan if authority defers adopting long-term plan

                                                                                                                                                                                                            1. If an authority defers adopting its 2024–2034 long-term plan in accordance with clause 48(1),—

                                                                                                                                                                                                            2. the authority must consult in a manner that gives effect to the requirements of section 82 before adopting the annual plan for the 2024/25 financial year; and
                                                                                                                                                                                                              1. section 95(2A) does not apply.
                                                                                                                                                                                                                Notes
                                                                                                                                                                                                                • Schedule 1AA clause 53: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                                                                                Bylaws

                                                                                                                                                                                                                54Review of water services bylaws under section 158 or 159 may be deferred

                                                                                                                                                                                                                1. An authority may decide to defer a review required by section 158(1) or (2) or 159 if all the following requirements are met:

                                                                                                                                                                                                                2. the review relates only to a water services bylaw:
                                                                                                                                                                                                                  1. for the water services bylaw, the 5-year period in section 158(1) or (2))b) or, as the case requires, the 10-year period in section 159 ends in the period between 15 December 2022 and 30 June 2024:
                                                                                                                                                                                                                    1. the authority makes the decision in the bylaw transition period:
                                                                                                                                                                                                                      1. the authority gives prompt public notice of the deferral:
                                                                                                                                                                                                                        1. that public notice identifies clearly the water services bylaw.
                                                                                                                                                                                                                          1. A deferral under subclause (1) has the results specified in subclauses (3) to (5).

                                                                                                                                                                                                                          2. The review is required only if the water services bylaw is not revoked in the bylaw transition period.

                                                                                                                                                                                                                          3. The review, if required, is required no later than 1 July 2026.

                                                                                                                                                                                                                          4. For the purposes of section 160A, the last date on which the water services bylaw should have been reviewed under section 158 or 159 must be taken to be 1 July 2026.

                                                                                                                                                                                                                          5. Subclauses (2) to (5) apply despite sections 158, 159, and 160A.

                                                                                                                                                                                                                          6. In this clause,—

                                                                                                                                                                                                                            bylaw, without limiting the generality of that term as defined in section 5(1), includes—

                                                                                                                                                                                                                            1. a set of bylaws; and
                                                                                                                                                                                                                              1. an individual bylaw in a set of bylaws; and
                                                                                                                                                                                                                                1. a provision within an individual bylaw

                                                                                                                                                                                                                                  bylaw transition period means the period—

                                                                                                                                                                                                                                  1. starting on 15 December 2022; and
                                                                                                                                                                                                                                    1. ending on 31 December 2025

                                                                                                                                                                                                                                      water services bylaw means a bylaw that relates to all or any of the following:

                                                                                                                                                                                                                                      1. water supply:
                                                                                                                                                                                                                                        1. wastewater:
                                                                                                                                                                                                                                          1. stormwater.

                                                                                                                                                                                                                                          Notes
                                                                                                                                                                                                                                          • Schedule 1AA clause 54: inserted, on , by section 12(1) of the Water Services Acts Repeal Act 2024 (2024 No 2).

                                                                                                                                                                                                                                          9Provisions relating to Land Transport Management (Repeal of Regional Fuel Tax) Amendment Act 2024

                                                                                                                                                                                                                                          55Interpretation

                                                                                                                                                                                                                                          1. In this Part,—

                                                                                                                                                                                                                                            amendment Act means the Land Transport Management (Repeal of Regional Fuel Tax) Amendment Act 2024

                                                                                                                                                                                                                                              Auckland RFT reserve fund means the regional fuel tax reserve fund operated by the Auckland Council under section 65ZA of the Land Transport Management Act 2003 in relation to the Auckland RFT scheme

                                                                                                                                                                                                                                                Auckland RFT scheme means the regional fuel tax scheme established by the Land Transport Management (Regional Fuel Tax Scheme—Auckland) Order 2018.

                                                                                                                                                                                                                                                Notes
                                                                                                                                                                                                                                                • Schedule 1AA clause 55: inserted, on , by section 12(a) of the Land Transport Management (Repeal of Regional Fuel Tax) Amendment Act 2024 (2024 No 9).

                                                                                                                                                                                                                                                56Transitional provision relating to revenue and financial policy

                                                                                                                                                                                                                                                1. Section 103(2)(ia) continues to apply, as if it had not been repealed by the amendment Act, until the Auckland RFT reserve fund is spent.

                                                                                                                                                                                                                                                Notes
                                                                                                                                                                                                                                                • Schedule 1AA clause 56: inserted, on , by section 12(a) of the Land Transport Management (Repeal of Regional Fuel Tax) Amendment Act 2024 (2024 No 9).

                                                                                                                                                                                                                                                57Transitional provision relating to development contributions

                                                                                                                                                                                                                                                1. Section 200(3)(a)(vi) continues to apply, as if it had not been repealed by the amendment Act, until the Auckland RFT reserve fund is spent.

                                                                                                                                                                                                                                                Notes
                                                                                                                                                                                                                                                • Schedule 1AA clause 57: inserted, on , by section 12(a) of the Land Transport Management (Repeal of Regional Fuel Tax) Amendment Act 2024 (2024 No 9).

                                                                                                                                                                                                                                                58Transitional provision relating to information to be included in annual reports

                                                                                                                                                                                                                                                1. In Schedule 10, clause 34B continues to apply, as if it had not been repealed by the amendment Act, in relation to the annual report of the Auckland Council for any year in which the Auckland RFT reserve fund still contained revenue from the Auckland RFT scheme.

                                                                                                                                                                                                                                                Notes
                                                                                                                                                                                                                                                • Schedule 1AA clause 58: inserted, on , by section 12(a) of the Land Transport Management (Repeal of Regional Fuel Tax) Amendment Act 2024 (2024 No 9).