Local Government (Auckland Council) Act 2009

Preliminary provisions

4: Interpretation

You could also call this:

"What special words mean in this law"

Illustration for Local Government (Auckland Council) Act 2009

When you read this Act, some words have special meanings. Auckland refers to the area decided by the Local Government Commission under section 33(1). The Auckland Council is the unitary authority established under section 6.

You will see terms like Auckland Transport, which is the entity established by section 38. Auckland water organisation means Watercare Services Limited and its subsidiaries. The governing body refers to the Auckland Council members, as mentioned in section 8(1).

Local activities are non-regulatory tasks the Auckland Council does, where a local board makes decisions, such as providing services, operating facilities, and funding groups. A local board is a board established under section 10, and a local board agreement is an agreement mentioned in section 21.

A local board area is an area specified by Order in Council under section 35. The Local Government Commission is continued under section 28 of the Local Government Act 2002. LTP means the Auckland Council long-term plan.

Mana whenua group refers to an iwi or hapu with historical and continuing mana whenua in Auckland, and may be a mandated iwi organisation under the Maori Fisheries Act 2004. Mataawaka means Māori living in Auckland who are not in a mana whenua group.

The mayor is the mayor of Auckland, and a selection body is the body established by clause 2 of Schedule 2. A substantive council-controlled organisation is one that is wholly owned or controlled by the Council and delivers significant services or owns assets worth over $10 million. Water supply and wastewater services include bulk and retail supply, but exclude independent schemes and privately owned schemes.

If a word is not defined in this Act, it has the same meaning as in the Local Government Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2044916.


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Part 1Preliminary provisions

4Interpretation

  1. In this Act, unless the context requires another meaning,—

    Auckland means the area within the boundaries determined by the Local Government Commission under section 33(1) (as that determination is given effect to by Order in Council under section 35(1))

      Auckland Council or Council means the unitary authority established under section 6

        Auckland Transport means the entity established by section 38

          Auckland water organisation means Watercare Services Limited, and includes any subsidiary of Watercare Services Limited

            governing body means the entity comprising the members of the Auckland Council (being the persons referred to in section 8(1))

              local activities means the non-regulatory activities of the Auckland Council in respect of which a local board is allocated decision-making responsibility under section 17, including—

              1. providing services; and
                1. providing and operating facilities; and
                  1. providing funding and other support to groups and organisations

                    local board means a local board established under section 10

                      local board agreement means an agreement referred to in section 21

                        local board area means an area specified by Order in Council under section 35 as a local board area

                          local board plan means the plan referred to in section 20 that each local board is required to adopt

                            Local Government Commission means the Local Government Commission continued under section 28 of the Local Government Act 2002

                              LTP means the Auckland Council long-term plan

                                mana whenua group means an iwi or hapu that—

                                1. exercises historical and continuing mana whenua in an area wholly or partly located in Auckland; and
                                  1. is 1 or more of the following in Auckland:
                                    1. a mandated iwi organisation under the Maori Fisheries Act 2004:
                                      1. a body that has been the subject of a settlement of Treaty of Waitangi claims:
                                        1. a body that has been confirmed by the Crown as holding a mandate for the purposes of negotiating Treaty of Waitangi claims and that is currently negotiating with the Crown over the claims

                                        mataawaka means Māori who—

                                        1. live in Auckland; and
                                          1. are not in a mana whenua group

                                            mayor means the mayor of Auckland

                                              selection body means the body established by clause 2 of Schedule 2

                                                substantive council-controlled organisation

                                                1. means a council-controlled organisation that is either wholly owned or wholly controlled by the Council and either—
                                                  1. is responsible for the delivery of a significant service or activity on behalf of the Council; or
                                                    1. owns or manages assets with a value of more than $10 million; and
                                                    2. includes Auckland Transport

                                                      water supply and wastewater services—and water supply or wastewater services, water supply services, and wastewater services have corresponding meanings.

                                                      1. includes both bulk and retail supply and services; but
                                                        1. does not include—
                                                          1. water supply or wastewater schemes that are independent of a water supply network or waste-water network, as the case may be, within Auckland; or
                                                            1. privately owned water supply or wastewater schemes; or
                                                              1. stormwater drainage services, except to the extent that any stormwater drainage infrastructure is also used for wastewater services under normal dry weather flow conditions—

                                                            2. Unless the context requires another meaning, terms and expressions used and not defined in this Act, but defined in the Local Government Act 2002, have the same meaning as in that Act.

                                                            Notes
                                                            • Section 4(1) Auckland Transport: inserted, on , by section 7 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                                                            • Section 4(1) Auckland water organisation: replaced, on , by section 108 of the Local Government (Water Services Preliminary Arrangements) Act 2024 (2024 No 31).
                                                            • Section 4(1) local board plan: inserted, on , by section 7 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                                                            • Section 4(1) LTCCP: repealed, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                                                            • Section 4(1) LTP: inserted, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                                                            • Section 4(1) mana whenua group: inserted, on , by section 7 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                                                            • Section 4(1) mataawaka: inserted, on , by section 7 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                                                            • Section 4(1) selection body: added, on , by section 7 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                                                            • Section 4(1) substantive council-controlled organisation: added, on , by section 7 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                                                            • Section 4(1) water supply and wastewater services: added, on , by section 7 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).