3AEstablishment or reorganisation of local board areas in unitary authority districts Empowered by s 24
1Reorganisation investigations
1Reorganisation initiatives and investigation requests
2Who may propose reorganisation initiatives and request investigations
A reorganisation initiative may be proposed, or an investigation request may be made, to the Commission by—
- the affected unitary authority:
- in the case of an initiative, a group of at least 10%
of electors in the affected local board area:
- in the case of a request, a group of at least 10% of
electors in the affected area:
- the Minister.
The reorganisation initiative or investigation request must be submitted to the chief executive officer of the Commission.
Notes
- Schedule 3A clause 2: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
3Contents of reorganisation initiative or investigation request
A reorganisation initiative or an investigation request must include the following:
- the name and address of the person submitting the
initiative or request; and
- if the initiative or request is submitted by a group
of electors under
clause 2(1)(b) or (c),—
- evidence that the group comprises at least 10% of
electors in the affected local board area or
affected area; and
- the name and address of the person who is the
representative of those persons; and
- evidence that the group comprises at least 10% of
electors in the affected local board area or
affected area; and
- in the case of an initiative, a description of the
proposed changes, including (but not limited
to)—
- which of the matters listed in
section 24(3)(a)
is being sought; and
- a plan or other description sufficient to
identify the affected local board area or affected
local board areas concerned; and
- an explanation of the outcome that the proposed
changes are seeking to achieve; and
- which of the matters listed in
section 24(3)(a)
is being sought; and
- in the case of an investigation request, a
description of the matter, issue, problem, or
opportunity to be investigated.
A reorganisation initiative may include—
- any information requested or recommended in any
guidelines issued by the Commission; and
- any other information that demonstrates that the
initiative has community support in the affected area;
and
- any other information that the person submitting the
initiative considers relevant to the Commission’s
consideration of the initiative.
Notes
- Schedule 3A clause 3: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
4Action on receipt of reorganisation initiative or investigation request
As soon as practicable after receiving a reorganisation initiative or an investigation request, the Commission must,—
- if the initiative or request was submitted by a group
of electors, confirm that the group comprises at least
10% of electors in the affected local board area or
affected area, as the case may be (and, if not, notify
the person who submitted the initiative or request
that the Commission will not undertake an
investigation); and
- decide whether to undertake an investigation, having
regard to the factors listed in
clause 5; and
- notify the person who submitted the initiative or
request, or that person’s representative, of its
decision; and
- if the Commission decides not to undertake an
investigation, explain the reasons for that decision
in the notice under paragraph (c); and
- if the Commission decides to undertake an
investigation, notify the affected unitary authority
of that decision.
Before making a decision under subclause (1)(b), the Commission must consult the affected unitary authority and any local board that would be affected by the reorganisation initiative or the requested investigation.
Notes
- Schedule 3A clause 4: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
2Reorganisation investigations
5Factors Commission must have regard to when deciding whether to undertake reorganisation investigation
When deciding whether to undertake a reorganisation investigation under clause 4(1)(b), the Commission must have regard to—
- the purpose of reorganisation set out in
section 24AA; and
- the potential scale and scope of improvements to
local governance and services that might result from
the investigation; and
- the potential costs, disruption, and other negative
effects on the affected unitary authority, its
communities, and any affected local board that may be
caused by the investigation; and
- any time or other constraints that apply to the
opportunity to achieve potential improvements to local
governance and services; and
- the need for urgent resolution of any problem
identified by the Commission, or in the investigation
request or reorganisation initiative; and
- the resources available to the Commission to
undertake the investigation in a timely manner;
and
- the likelihood of significant community opposition to
any reorganisation that might result from the
investigation.
Notes
- Schedule 3A clause 5: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
6Commission must adopt reorganisation investigation process
As soon as practicable after it makes a decision under clause 4(1)(b) to undertake a reorganisation investigation, the Commission must determine and adopt a process for the investigation and record that process in writing.
The process document must set out how the Commission intends to undertake the investigation, including—
- the matters to be investigated; and
- the affected area, the affected unitary authority,
and any local board affected by the investigation;
and
- the procedure and timetable for the investigation;
and
- each affected iwi or hapū, and how and when they will
be given an opportunity to engage with the
investigation; and
- the key stakeholders, and how and when they will be
given an opportunity to engage with the investigation;
and
- how and when members of the public will be consulted
on the investigation and any proposed recommendations
or reorganisation plans that may result; and
- any other matter that the Commission considers
relevant.
In determining the matters referred to in subclause (2), and in undertaking an investigation, the Commission must have regard to the following principles:
- early information should be available to the public
and stakeholders about the issues to be investigated,
the process to be followed, and the opportunities for
public input; and
- the process should be in proportion to the scale,
scope, and potential impact of the identified issues
and of any reorganisation plan that may result from
the investigation; and
- the process should recognise the relevant evidence
and information that the Commission already holds;
and
- the process should recognise and reflect the nature
and extent of the interests of affected iwi or hapū in
the outcome of the investigation; and
- the process should provide persons, entities, and
organisations who wish to have their views on the
subject matter of the investigation considered by the
Commission with a reasonable opportunity to present
those views to the Commission; and
- the extent and nature of public and stakeholder
engagement should—
- reflect the degree of public interest (including
of each affected iwi or hapū) in the issues and in
any reorganisation plan that may result from the
investigation; and
- reflect the importance of—
- stakeholder input; and
- community engagement; and
- public acceptance of the process and the
potential outcome; and
- stakeholder input; and
- appropriately balance the costs and benefits of
different processes.
- reflect the degree of public interest (including
of each affected iwi or hapū) in the issues and in
any reorganisation plan that may result from the
investigation; and
Before adopting a process document under subclause (1), the Commission must—
- consult the affected unitary authority and any
affected local board on the proposed process or
amendment; and
- consult all affected iwi or hapū about whether, and
how, the proposed reorganisation investigation, or any
reorganisation plan that may result from the
investigation, may affect their relationship with
their ancestral land, water, sites, wāhi tapu, valued
flora and fauna, and other taonga, or affect their
relationships with local authorities.
The Commission may adopt an amendment to a process document under subclause (1) at any time, and must do so if there is a significant departure from the process.
The Commission must, as soon as practicable after adopting or amending a process document,—
- publish the process document in full on its Internet
site; and
- give public notice within the affected area of the
publication and location of the process document;
and
- notify the affected unitary authority and all
affected local boards, affected iwi or hapū, and key
stakeholders identified by the Commission of the
publication and location of the process
document.
Notes
- Schedule 3A clause 6: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
7Commission may require assistance and undertake inquiries when conducting investigations and preparing reorganisation plan
In conducting an investigation or preparing a reorganisation plan, the Commission may require the affected unitary authority and any affected local boards to provide information to assist the Commission.
In conducting an investigation or preparing a reorganisation plan, the Commission may undertake inquiries and consultation in relation to the investigation or plan with any persons, bodies, and groups that it considers appropriate.
Notes
- Schedule 3A clause 7: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
8Commission may issue report
The Commission may, at any time during a reorganisation investigation, or at the completion of the investigation, issue a report and make recommendations to a unitary authority on any matter arising in the course of, or ancillary to, the investigation.
Section 26A applies to a report and recommendations under this clause.
Notes
- Schedule 3A clause 8: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
9Objectives that Commission must consider in reorganisation investigation
In assessing the desirability of options for the reorganisation of local government within the affected area, the Commission must take into account how best to achieve all of the following:
- enabling democratic decision making by, and on behalf
of, communities within the local board area:
- better enabling the purpose of local government to be
given effect to within the local board area:
- efficiencies and cost savings:
- assurance that a local board has the resources
necessary to enable it to effectively perform or
exercise its responsibilities, duties, and powers in
respect of any local board area established or
changed:
- effective responses to the opportunities, needs, and
circumstances of the affected areas:
- better alignment of local board areas with
communities of interest:
- enhanced effectiveness of decision making for
non-regulatory activities of a unitary
authority:
- enhanced ability of local government to meet the
changing needs of communities for governance and
services into the future:
- effective provision for any co-governance and
co-management arrangements that are established by
legislation (including Treaty of Waitangi claim
settlement legislation) and that are between local
authorities and iwi or Māori organisations.
Notes
- Schedule 3A clause 9: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
10Completion of investigation
As soon as practicable after completing an investigation, the Commission must—
- give public notice of the completion of the
investigation; and
- notify the affected unitary authority and all
affected local boards, affected iwi or hapū, and key
stakeholders of the completion of the investigation;
and
- record the completion of the investigation on its
Internet site.
Notes
- Schedule 3A clause 10: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
2Reorganisation plans
1Adoption and notification of reorganisation plan
11Commission may adopt reorganisation plan
The Commission may, during or at the completion of a reorganisation investigation,—
- develop 1 or more reorganisation plans; and
- adopt 1 or more reorganisation plans that meet the
requirements of
subpart 2
of this Part.
In deciding whether to adopt a reorganisation plan, the Commission must have regard to—
- the scale of the potential benefits of the proposed
changes in terms of the objectives set out in
clause 9
and the likelihood of those benefits being realised;
and
- the financial, disruption, and opportunity costs of
implementing the proposed changes at the proposed
time; and
- the risks and consequences of not implementing the
proposed changes at the proposed time; and
- existing communities of interest and the extent to
which the proposed changes will maintain linkages
between communities (including iwi and hapū) and sites
and resources of significance to them; and
- the degree and distribution of demonstrable public
support for the proposed changes within communities in
the affected area; and
- the degree and distribution of any public opposition
to the proposed changes within communities in the
affected area.
The Commission must not adopt a reorganisation plan under this clause that affects the application of any Act that establishes co-governance or co-management arrangements between local authorities and iwi or Māori organisations (including Treaty of Waitangi claims settlement legislation), without first consulting all iwi or Māori organisations to whom that Act applies, the Attorney-General, and the Minister for Treaty of Waitangi Negotiations.
A reorganisation plan to which subclause (3) applies must provide for the same level and scope of participation in decision making by iwi or Māori organisations as the arrangement specified in the Act referred to in that subclause.
Notes
- Schedule 3A clause 11: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
12Notification of reorganisation plan
As soon as practicable after adopting a reorganisation plan, the Commission must—
- give public notice of the plan and, in the notice,
specify where copies of the plan may be inspected;
and
- take any other action that it considers necessary to
inform persons, bodies, and groups that the Commission
identifies as having an interest in the plan.
The Commission must attach to the reorganisation plan a full and detailed statement that—
- explains how the plan will achieve the objectives set
out in
clause 9; and
- provides a balanced assessment of the reorganisation
plan and outlines the advantages and disadvantages of
the plan.
Notes
- Schedule 3A clause 12: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
2Content of reorganisation plans
13Content of reorganisation plan
Before adopting a reorganisation plan under clause 11, the Commission must ensure that the plan complies with the requirements in this clause.
Provisions for local boards must be consistent with subpart 1A of Part 4 of this Act.
The reorganisation plan must specify—
- the name of the district of the unitary authority;
and
- the number and names of local board areas within the
district; and
- the boundaries of—
- each local board area; and
- electoral subdivisions, if any, of each local
board area; and
- each local board area; and
- the number of elected members of the local board for
each local board area and, if a local board area is
subdivided for electoral purposes, the number of
members to be elected by the electors of each
subdivision; and
- whether each local board may include members
appointed by the governing body of the unitary
authority in accordance with
section 48E(b); and
- for each local board, whether the chairperson of the
local board is to be—
- elected by the members of the local board from
among themselves using one of the systems of
voting set out in
clause 25(3) and (4)
of Schedule 7; or
- directly elected to that office by the electors
of the local board area.
- elected by the members of the local board from
among themselves using one of the systems of
voting set out in
clause 25(3) and (4)
of Schedule 7; or
Subclause (3)(e) and (f) is subject to any requirements in other enactments that relate to 1 or more of the following matters:
- the election or appointment of members of a local
board:
- the election of the chairperson of a local
board.
In determining the matters referred to in subclause (3)(b) to (e), the Commission must ensure that—
- the boundaries of the local board areas will—
- enable democratic local decision making by, and
on behalf of, communities throughout the district;
and
- enable equitable provision to be made for the
current and future well-being of all communities
within the affected area; and
- enable democratic local decision making by, and
on behalf of, communities throughout the district;
and
- the boundaries of local board areas and any
subdivisions of those areas coincide with boundaries
of the current statistical meshblock areas determined
by Statistics New Zealand and used for parliamentary
electoral purposes; and
- so far as practicable, local board area boundaries
coincide with ward boundaries.
Notes
- Schedule 3A clause 13: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
14Representation
In determining the representation arrangements of an affected unitary authority for a reorganisation plan, the Commission must—
- have regard to the existing electoral and
representation arrangements of the affected unitary
authority in respect of local boards; and
- provide fair and effective representation for
individuals and communities in the local board areas
within the district of the unitary authority;
and
- comply with the requirements of the
Local Electoral Act 2001; and
- take into account the responsibilities, duties, and
powers of the unitary authority.
Notes
- Schedule 3A clause 14: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
3Unitary authority-led reorganisation applications
15Unitary authority may develop and adopt reorganisation plan
A unitary authority may develop and adopt a reorganisation plan in accordance with this clause.
Subparts 1 and 2 of this Part apply to every reorganisation plan developed under subclause (1) as if references to the Commission in those subparts were references to the unitary authority developing the plan.
A unitary authority intending to develop a reorganisation plan under this clause must ensure that written notice of that intention is given to the Commission as soon as is reasonably practicable.
Notes
- Schedule 3A clause 15: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
16Application to Commission
A unitary authority may submit a reorganisation plan adopted under clause 15 to the Commission in accordance with this clause (a unitary authority-led reorganisation application).
Before submitting a unitary authority-led reorganisation application, the unitary authority must consider any views and preferences expressed by any local boards that would be affected by the reorganisation plan.
The reorganisation plan must be accompanied by—
- a statement that complies with
clause 12(2); and
- a report from the affected unitary authority, adopted
by that unitary authority, that records—
- unconditional support for the plan from the
governing body of the unitary authority; and
- any views and preferences expressed by any local
boards that would be affected by the
reorganisation plan; and
- the public consultation undertaken by the unitary
authority; and
- the themes and outcomes of that
consultation.
- unconditional support for the plan from the
governing body of the unitary authority; and
Notes
- Schedule 3A clause 16: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
17Commission review of unitary authority-led reorganisation application
As soon as practicable after receiving a unitary authority-led reorganisation application submitted in accordance with clause 16, the Commission must review that application.
The Commission must approve the reorganisation plan to which the application relates unless—
- the reorganisation plan is not accompanied by the
documentation required by
clause 16; or
- the Commission considers, on reasonable grounds,
that—
- the provisions in
subparts 1
and
2
of this Part were not complied with in developing
the plan, as required by
clause 15(2); or
- the unitary authority has not complied with
clause 16(2); or
- the plan does not have the support of affected
communities.
- the provisions in
subparts 1
and
2
of this Part were not complied with in developing
the plan, as required by
clause 15(2); or
The Commission must not approve the reorganisation plan if subclause (2)(a) or (b) applies.
If the Commission approves a reorganisation plan under this clause, Part 3 of this schedule applies as if the plan were adopted under clause 11.
As soon as practicable after the Commission approves a reorganisation plan under this clause,—
- the Commission must notify the affected unitary
authority of its decision; and
- the Minister must determine whether to recommend the
making of an Order in Council under
section 25.
If the Commission does not approve a reorganisation plan under this clause, the Commission—
- must notify the affected unitary authority of its
decision and the reasons for it; and
- may undertake an investigation into any matter
related to the content of the unitary authority-led
reorganisation application.
Notes
- Schedule 3A clause 17: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
3Implementation and effect of reorganisations
18Former local board areas
This clause applies in relation to implementing a reorganisation plan that—
- is given effect to by an Order in Council under
section 25(1); and
- specifies alterations to the boundaries of local board
areas that result in a local board area including an
area (a
former local board area) that formerly comprised or formed part of a separate
local board area.
Subclause (3) applies unless a reorganisation order modifies its application to a reorganisation or declares that it does not apply to a reorganisation.
The local board that assumes jurisdiction over a former local board area has, may exercise or perform, and is responsible for all the powers, duties, acts of authority, and responsibilities that were previously exercised or performed by the local board of that area in relation to that area, or that would have been exercised or performed by it if it had remained in existence or responsible for that area.
Notes
- Schedule 3A clause 18: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
19Local board area bylaws
The provisions of this clause apply unless a reorganisation order modifies their application to a reorganisation or declares that they do not apply to a reorganisation.
Subclause (3) applies to local board area bylaws that—
- are in force in all or part of a local board area that,
under a reorganisation order, is included in the
jurisdiction of a local board other than the local board
that proposed them; and
- are in force immediately before the implementation
date; and
- are not excluded from the application of this clause by
the reorganisation order.
Each local board area bylaw remains in force, in the area to which it applied immediately before the commencement of the reorganisation order, until it expires or is revoked or amended by the unitary authority for the district that includes that area.
In this clause,—
bylaw includes—
- a set of bylaws; and
- an individual bylaw in a set of bylaws; and
- a provision within an individual bylaw
local board area bylaw means a bylaw that applies only in, or only in any part of, a local board area.
- a set of bylaws; and
Notes
- Schedule 3A clause 19: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).
1Interpretation
In this schedule, unless the context otherwise requires,—
affected area,—
- in relation to a reorganisation investigation, means
an area that—
- is within the district of a unitary authority;
and
- is affected, or potentially affected, by 1 or
more of the matters to be investigated; and
- is within the district of a unitary authority;
and
- in relation to a reorganisation initiative or plan,
means the area comprising the district of the unitary
authority to which the initiative or plan
relates
affected elector means—
- a person who is a residential elector (within the
meaning of
section 23
of the Local Electoral Act 2001), if the address in respect of which the person is
registered is in an affected area:
- a person who is a ratepayer elector (within the
meaning of
section 24
of the Local Electoral Act 2001), if the person is qualified as a ratepayer elector
in respect of a rating unit in an affected area
affected iwi or hapū means an iwi or a hapū with interests within the affected area, and includes any entity or organisation identified by Te Puni Kōkiri as representing those interests
affected local board area means the area of the local board or proposed local board
affected unitary authority means a unitary authority whose district contains an affected area
implementation date means the date specified in an Order in Council made under section 25A(1) as the date on which the local government reorganisation described in the order takes effect
investigation request means a request to the Commission by a group comprising at least 10% of electors in an affected area, by a unitary authority, or by the Minister, in accordance with clause 2, to conduct a reorganisation investigation into an issue or a matter but without proposing a particular reorganisation
public notice, in relation to a notice of a reorganisation investigation or reorganisation plan given by the Commission,—
- means a notice published—
- in 1 or more newspapers circulating in the
affected area; and
- on the Internet site of the Commission; and
- in 1 or more newspapers circulating in the
affected area; and
- includes any other notice that the Commission thinks
desirable in the circumstances
reorganisation initiative or initiative means a request to the Commission by a group comprising at least 10% of electors in an affected area, by a unitary authority, or by the Minister, to consider a proposed reorganisation that relates solely to 1 or more of the matters in section 24(3)
reorganisation investigation or investigation means an investigation by the Commission under Part 1 of this schedule, in response to a reorganisation initiative or an investigation request, that may result in the development and adoption of a reorganisation plan
reorganisation order means an Order in Council made under section 25
reorganisation plan means a plan that relates solely to 1 or more of the matters in section 24(3) and that is—
- adopted by the Commission, during or after an
investigation; or
- adopted by a unitary authority in accordance with
clause 15.
- in relation to a reorganisation investigation, means
an area that—
Notes
- Schedule 3A clause 1: inserted, on , by section 48 of the Local Government Electoral Legislation Act 2023 (2023 No 57).