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Local Government (Auckland Council) Act 2009

Transport management for Auckland - Auckland Transport

42: Auckland Transport's status as council-controlled organisation and application of Part 5 of Local Government Act 2002

You could also call this:

"Auckland Transport is a council-controlled organisation, which means it follows some but not all of the same rules as other councils."

Illustration for Local Government (Auckland Council) Act 2009

When you look at Auckland Transport, it is considered a council-controlled organisation. This means that some parts of the Local Government Act 2002 apply to Auckland Transport, but with some changes. You can find these changes in the Act.

Some sections of the Local Government Act 2002 have to be read in a special way when they apply to Auckland Transport. For example, section 60 of the Local Government Act 2002 must be read as if it included some extra paragraphs about the Local Government (Auckland Council) Act 2009. These extra paragraphs are about Part 4 of the Local Government (Auckland Council) Act 2009 and some rules made by the Auckland Council under section 49 of the Local Government (Auckland Council) Act 2009.

When you read section 74 of the Local Government Act 2002, you have to imagine that there is an extra subsection that says Part 7 of the Local Government Official Information and Meetings Act 1987 applies to Auckland Transport. This is only for meetings where Auckland Transport is making or will make a bylaw, and it applies as if Auckland Transport were a local authority listed in Schedule 2 of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2363202.

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Government and voting > Local councilsTransport and travel > Public transport
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41: Status and powers of Auckland Transport, or

"Auckland Transport's role and what it is allowed to do"

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43: Governing body of Auckland Transport, or

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Part 4Transport management for Auckland
Auckland Transport

42Auckland Transport's status as council-controlled organisation and application of Part 5 of Local Government Act 2002

  1. For the purposes of section 38(2)(b) of this Act, Part 5 of the Local Government Act 2002 applies to Auckland Transport with the modifications set out in subsections (2) and (3).

  2. Section 60 of the Local Government Act 2002 must be read as if the following paragraphs were added:

  3. the provisions of Part 4 of the Local Government (Auckland Council) Act 2009; and
    1. any rules made by the Auckland Council under section 49 of the Local Government (Auckland Council) Act 2009.

      1. Section 74 of the Local Government Act 2002 must be read as if the following subsection were inserted after subsection (1):

      2. Part 7 of the Local Government Official Information and Meetings Act 1987 applies to Auckland Transport as if Auckland Transport were a local authority named in Schedule 2 of that Act, but only in relation to any meeting or part of a meeting at which Auckland Transport intends to make, or will make, a bylaw.

      Notes
      • Section 42: substituted, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).