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
A triennial agreement that is in force on the date of commencement of section 9 of the Local Government Act 2002 Amendment Act 2014—
- 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
- may be replaced by a new triennial agreement that does
comply with those requirements at any time; and
- 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.
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
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.
Subclause (1) is subject to subsections (2) and (3) of section 17A.
3Transitional provision relating to scope of local government reorganisations
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.
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
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.
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.
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
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.
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.
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.
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
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.
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
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,—
- has been submitted to a territorial authority
accompanied by all required information; and
- in respect of which a development contribution has yet
to be required.
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
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.
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).
No later than 30 June 2015, the development contributions policy must be amended to comply with this Act as amended by the specified provisions.
In this clause, the specified provisions means sections 50, 51(2), and 53 of the Local Government Act 2002 Amendment Act 2014.
Nothing in this clause limits—
- the application (before, on, or after 30 June 2015) of
clause 8; or
- 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
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.
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.
No later than the date referred to in subclause (1), a territorial authority must amend its development contributions policy to comply with section 202A.
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.
Nothing in subclause (1) limits clause 8(3).
11Transitional provision relating to long-term plans
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.
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.
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
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.
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.
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
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
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
This clause applies to any work or programme that—
- 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
- was completed on or after 8 August 2014 and before the
commencement of
section 11
of the 2019 Act.
If a territorial authority amends its development contribution policy to require development contributions in relation to any work or programme described in subclause (1),—
- the work or programme must be separately identified in
the schedule required by
section 201A; and
- for each work or programme separately identified,
instead of the matters specified in
section 201A(1)(c) and (d), the schedule must list—
- 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
- 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
- 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
- after taking into account the territorial
authority’s inability to recover the amount
specified in subparagraph (iii) from development
contributions,—
- the adjusted proportion of the capital cost
that the territorial authority proposes to
recover through development contributions;
and
- the adjusted proportion of the capital cost
that the territorial authority proposes to
recover from other sources.
- the adjusted proportion of the capital cost
that the territorial authority proposes to
recover through development contributions;
and
- 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
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
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.
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
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
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
Subclause (2) applies if,—
- before 4 April 2019, the Local Government Commission
received a reorganisation application under
clause 3
of Schedule 3; and
- before the commencement of the relevant amendments, the
Commission—
- had given notice of a draft proposal under
clause 20
of Schedule 3; but
- had not made a decision under
clause 21(1)
of that schedule in respect of that draft
proposal.
- had given notice of a draft proposal under
clause 20
of Schedule 3; but
If this subclause applies,—
- 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
- 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
Subclause (2) applies if,—
- before 4 April 2019, the Local Government Commission
received a reorganisation application under
clause 3
of Schedule 3; and
- before the commencement of the relevant amendments, the Commission—
If this subclause applies,—
- 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
- 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
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.
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.
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,—
- the Commission must not assess or continue to assess
the application; and
- the Commission must notify the person who submitted the
application that—
- the application will not be assessed; but
- the person may propose a reorganisation initiative
or make an investigation request in accordance with
subpart 1
of Part 1 of Schedule 3.
- the application will not be assessed; but
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:
- in accordance with
clause 19(2), if the circumstances described in
clause 19(1)(b)
apply; and
- 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
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.
The policies referred to in section 102(3A) must—
- be reviewed for compliance with that section by the
effective date for the relevant policy; and
- be amended or replaced as required in order to achieve
compliance with that section on or before the effective
date.
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.
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,—
- for a revenue and financing policy adopted under
section 102(1), 1 July 2024:
- 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:
- for a policy on the remission and postponement of
rates on Māori freehold land adopted under
section 102(1), 1 July 2022:
- for any rates remission policy or rates
postponement policy adopted under
section 102(3), the earlier of—
- 1 July 2024; and
- 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.
- 1 July 2024; and
- for a revenue and financing policy adopted under
section 102(1), 1 July 2024:
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
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
This Part—
- applies to the Wellington Regional Council and to each
territorial authority; but
- does not apply to the Chatham Islands Council.
In this Part,—
2024 long-term plan material—
- 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
- 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).
- 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
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
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).
The authority may, but need not,—
- issue a new consultation document or reconsult on the
long-term plan to take into account the
Water Services Acts Repeal Act 2024; and
- 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
- 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.
When finalising its long-term plan, the authority—
- 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
- 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.
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.
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
An authority’s 2024–2034 long-term plan is not invalid as a result of the authority having, before this Part came into force,—
- 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
- 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.
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
The consultation document for an authority’s 2024–2034 long-term plan need not contain a report from the Auditor-General.
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
An authority may adopt its 2024–2034 long-term plan no later than 30 September 2024.
If an authority adopts its 2024–2034 long-term plan on or after 1 July 2024, but no later than 30 September 2024,—
- 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
- 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.
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
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.
The authority may complete and adopt, by resolution, its annual report for the 2023/2024 financial year no later than 31 December 2024.
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
An authority may defer adopting its 2024–2034 long-term plan by 1 year if—
- the authority resolves to do so, no later than 30 April
2024; or
- the authority is authorised to do so by an Order in
Council.
Subclause (1) applies despite section 93.
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.
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
If an authority defers adopting its 2024–2034 long-term plan in accordance with clause 48(1),—
- 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
- clause 45
does not apply to the consultation document for a
long-term plan described in paragraph (a); and
- 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
- 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
- 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
- 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
- the authority’s annual plan for the 2024/25 financial
year must also include the additional information
specified in
clauses 50 to 52; and
- the authority must consult on its annual plan for the
2024/2025 financial year in accordance with
clause 53.
Subclause (1)(a) applies despite section 93(7)(a).
Subclause (1)(c) applies despite section 93(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
For the purposes of clause 49(1)(g), an authority’s annual plan must, in relation to each group of activities of the authority,—
- identify the activities within the group of
activities:
- identify the rationale for delivery of the group of
activities (including the community outcomes to which
the group of activities primarily contributes):
- 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:
- 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.
For the purpose of subclause (1), each of the following activities is a group of activities:
- water supply:
- sewerage and the treatment and disposal of
sewage:
- stormwater drainage:
- flood protection and control works:
- the provision of roads and footpaths.
An authority may treat any other activities as a group of activities.
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
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—
- meet additional demand for an activity; and
- improve the level of service; and
- replace existing assets.
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
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—
- a statement of the reasons for the resolution and any
other matters taken into account; and
- 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
If an authority defers adopting its 2024–2034 long-term plan in accordance with clause 48(1),—
- 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
- 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
An authority may decide to defer a review required by section 158(1) or (2) or 159 if all the following requirements are met:
- the review relates only to a water services
bylaw:
- 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:
- the authority makes the decision in the bylaw
transition period:
- the authority gives prompt public notice of the
deferral:
- that public notice identifies clearly the water
services bylaw.
A deferral under subclause (1) has the results specified in subclauses (3) to (5).
The review is required only if the water services bylaw is not revoked in the bylaw transition period.
The review, if required, is required no later than 1 July 2026.
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.
Subclauses (2) to (5) apply despite sections 158, 159, and 160A.
In this clause,—
bylaw, without limiting the generality of that term as defined in section 5(1), includes—
- a set of bylaws; and
- an individual bylaw in a set of bylaws; and
- a provision within an individual bylaw
bylaw transition period means the period—
- starting on 15 December 2022; and
- ending on 31 December 2025
water services bylaw means a bylaw that relates to all or any of the following:
- water supply:
- wastewater:
- stormwater.
- a set of bylaws; and
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
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
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
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
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).