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Local Government (Auckland Council) Act 2009

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Schedule 1: Matters to be addressed by Local Government Commission when making determination in relation to southern boundary of Auckland

You could also call this:

"What the Local Government Commission must consider when deciding Auckland's southern boundary"

Illustration for Local Government (Auckland Council) Act 2009

When the Local Government Commission makes a decision about the southern boundary of Auckland, you need to know what they have to consider. The Commission has to think about how their decision will affect the local councils and the people who live in those areas. They want to make sure their decision is good for everyone and does not cost too much.

The Commission's decision can include things like moving assets, services, or employees from one council to another. They can also decide to move responsibilities or tasks from one council to another. The Commission has to think about how their decision will affect the area and the people who live there. They have to consider things like who will benefit from the services provided and who will be affected by the changes.

The Commission also has to follow some rules when making their decision. If they decide to move a responsibility from one council to another, the council that loses the responsibility cannot get compensation unless there are special circumstances. But if the Commission decides to transfer a business or undertaking from one council to another, they can decide if the council that gets the business has to pay the other council for it. You can find more information about this in s 33(2)(c) and clause 5.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2286710.

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1Matters to be addressed by Local Government Commission when making determination in relation to southern boundary of Auckland Empowered by s 33(2)(c)

1Interpretation

  1. In this schedule,—

    local authorities means the Auckland Council, the Franklin District Council, the Hauraki District Council, the Waikato District Council, the Auckland Regional Council, and the Waikato Regional Council

      local authority means the Auckland Council, the Franklin District Council, the Hauraki District Council, the Waikato District Council, the Auckland Regional Council, or the Waikato Regional Council, as the case may be.

      2Determination

      1. The determination may deal with 1 or more of the following matters:

      2. the apportionment and transfer of assets or liabilities or both, or a class or classes of assets or liabilities or both, from the Franklin District Council or the Auckland Regional Council to the Auckland Council, the Hauraki District Council, the Waikato District Council, or the Waikato Regional Council:
        1. the transfer of the provision of services, or a class or classes of services, from the Franklin District Council or the Auckland Regional Council to the Auckland Council, the Hauraki District Council, the Waikato District Council, or the Waikato Regional Council:
          1. the transfer of employees, or a class or classes of employees of the Franklin District Council or the Auckland Regional Council to the Auckland Council, the Hauraki District Council, the Waikato District Council, or the Waikato Regional Council:
            1. the transfer of a statutory obligation from the Franklin District Council or the Auckland Regional Council to the Auckland Council, the Hauraki District Council, the Waikato District Council, or the Waikato Regional Council:
              1. the transfer of a function, duty, or power from the Franklin District Council or the Auckland Regional Council to the Auckland Council, the Hauraki District Council, the Waikato District Council, or the Waikato Regional Council:
                1. any matter incidental to, or required for the purpose of, any of the transfers in paragraphs (a) to (e):
                  1. the division of the Hauraki district, the Waikato district, or the Waikato region into wards or constituencies:
                    1. the administration of an existing, proposed, or operative district plan or regional plan under the Resource Management Act 1991:
                      1. the rates to be set and assessed, over a specified period, in the parts of Hauraki district, Waikato district, or Waikato region that were formerly part of Franklin district (which may differ from the rates set and assessed in other parts of Hauraki district, Waikato district, or Waikato region):
                        1. the matters to be included in the annual plan of the Hauraki District Council or the Waikato District Council for the 2010/2011 financial year, in relation to the parts of its district that were formerly part of Franklin district.

                          3Objectives

                          1. When making the determination, the Local Government Commission must—

                          2. satisfy itself that the determination will maximise, in a cost effective manner, the current and future well-being of the local authorities and the communities concerned; and
                            1. have regard to—
                              1. the area of impact of the responsibilities, duties, and powers of the local authorities; and
                                1. the area of benefit of services provided; and
                                  1. any other matters that it considers appropriate.

                                  4No compensation payable if responsibility transferred

                                  1. Unless clause 5 applies, if provision is made in the determination for a responsibility to be transferred to, or assumed by, a local authority, provision may not be made for the payment of compensation to the local authority from which that responsibility is transferred or assumed.

                                  5Payment if undertaking transfer

                                  1. If the determination provides for the transfer of a trading undertaking from a local authority (transferor) to another local authority (transferee), the transferor may request the Commission to determine whether any payment for the transfer of that trading undertaking should be made by the transferee to the transferor, and, if so, the amount of the payment.

                                  2. The Commission may, in considering a request under subclause (1), require the local authorities concerned to each appoint an independent person as an assessor to report to the Commission on whether any payment should be made.

                                  3. The costs incurred by assessors must be met jointly by the local authorities appointing the assessors.

                                  4. In making a determination under this clause, the Commission may attach the conditions that it considers desirable.