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Local Government Act 2002

Structure and reorganisation of local government - Reorganisation of local authorities

25A: Order in Council to give effect to reorganisation implementation scheme

You could also call this:

“Government makes official changes to local councils through a special order”

When a reorganisation implementation scheme is prepared, it needs to be made official. This happens through an Order in Council, which is a special instruction from the government. The Minister recommends this order, and it sets the dates for when the changes will happen.

The Order in Council must say when its different parts will start working and when the local government reorganisation will actually happen. This last date is called the implementation date.

If there are small mistakes or things missing in the order, it’s still okay. These could be spelling errors, extra information needed to make it work properly, or leaving out unnecessary explanations.

If something important is missing from the scheme, the Secretary can talk to the Commission and the local authorities affected. They can then ask the Minister to add it to the Order in Council if it’s needed.

There are some rules in Schedule 3 that usually apply to these schemes. But the Order in Council can change how these rules work or say they don’t apply at all.

The Order in Council is a type of law called secondary legislation. This means it needs to follow certain rules about how it’s published and made available to everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS270950.

Topics:
Government and voting > Local councils
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25: Order in Council to give effect to reorganisation plan, or

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

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

25AOrder in Council to give effect to reorganisation implementation scheme

  1. A reorganisation implementation scheme prepared and issued under clause 41(2) of Schedule 3—

  2. is given effect to by Order in Council made on the recommendation of the Minister; and
    1. has effect on and from the date or dates specified for that purpose by that Order in Council (as required by subsection (2)(a)).

      1. An Order in Council made under subsection (1) must specify—

      2. the date or dates on which its provisions come into effect; and
        1. the date on which the local government reorganisation described in the order takes effect (the implementation date for the purposes of the provisions of Schedule 3).

          1. An Order in Council giving effect to a reorganisation implementation scheme is not invalid merely because it is inconsistent with the provisions of the reorganisation plan or the reorganisation implementation scheme if the inconsistency relates to—

          2. corrections of clerical, grammatical, or typographical errors; or
            1. the inclusion of provisions that are necessary to give legal effect to the reorganisation implementation scheme; or
              1. the omission of explanatory material or other material that is not necessary to give legal effect to the reorganisation implementation scheme; or
                1. matters of a format or referential nature that do not alter the substance or effect of the reorganisation implementation scheme.

                  1. If a reorganisation implementation scheme does not specifically provide for a matter that the Secretary considers to be necessary, desirable, or incidental as a consequence of the scheme,—

                  2. the Secretary must consult the Commission, and each affected local authority, about the inclusion of the matter in the Order in Council under subsection (1); and
                    1. the matter may be included in the Order in Council if the Minister considers the inclusion is appropriate.

                      1. Clauses 45 and 46 of Schedule 3 apply in respect of each reorganisation implementation scheme that is given effect to by Order in Council, except to the extent that the Order in Council provides that the clauses are—

                      2. amended in their application; or
                        1. declared not to apply.

                          1. Clauses 47 to 60A of Schedule 3 apply to each reorganisation implementation scheme that is given effect to by Order in Council.

                          2. An order under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Notes
                          • Section 25A: inserted, on , by section 11 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                          • Section 25A(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).