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Local Government (Auckland Council) Act 2009

Miscellaneous - Substantive council-controlled organisations

90: Council must have accountability policy for substantive council-controlled organisations

You could also call this:

"The Council must have a plan to ensure its organisations are accountable and work towards the Council's goals."

Illustration for Local Government (Auckland Council) Act 2009

The Council has to make a policy that explains how its substantive council-controlled organisations are accountable. You need to know that this policy must say what the Council expects from each organisation in terms of helping the Council achieve its goals. The policy also has to explain how each organisation will work with the central government's goals.

The Council's policy must include rules about what reports each organisation has to give, and this is in addition to what is required by Part 5 of the Local Government Act 2002, and for Watercare Services Limited, Part 4 of the Local Government (Water Services) Act 2025. The policy has to specify planning requirements for each organisation, which is also in addition to what is required by Part 5 of the Local Government Act 2002, and for Watercare Services Limited, Part 4 of the Local Government (Water Services) Act 2025. The Council's policy must identify important assets for each organisation and explain how they should be managed.

The Council can make this policy as part of its Long-Term Plan, which is often called the LTP. The policy must be included in the LTP. The policy can only be changed by changing the LTP.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338674.

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Part 8Miscellaneous
Substantive council-controlled organisations

90Council must have accountability policy for substantive council-controlled organisations

  1. The Council must adopt (using the special consultative procedure) a policy on the accountability of its substantive council-controlled organisations.

  2. The policy must—

  3. include a statement of the Council's expectations in respect of each substantive council-controlled organisation's contributions to, and alignment with, the Council's objectives and priorities:
    1. include a statement of the Council's expectations in respect of each substantive council-controlled organisation's contributions to, and alignment with, any relevant objectives and priorities of central government:
      1. specify any reporting requirements that each substantive council-controlled organisation must undertake in addition to those required under the following:
        1. Part 5 of the Local Government Act 2002:
          1. in the case of Watercare Services Limited, Part 4 of the Local Government (Water Services) Act 2025:
            1. this Act:
            2. specify any planning requirements that each substantive council-controlled organisation must undertake in addition to those required under the following:
              1. Part 5 of the Local Government Act 2002:
                1. in the case of Watercare Services Limited, Part 4 of the Local Government (Water Services) Act 2025:
                  1. this Act:
                  2. identify or define any strategic assets in relation to each substantive council-controlled organisation and set out any requirements in relation to the organisation's management of those assets, including the process by which the organisation may approve major transactions in relation to them.

                    1. A policy under this section—

                    2. may be adopted by the Council as part of its LTP:
                      1. must be included in the Council's LTP:
                        1. may be amended only as an amendment to the LTP.

                          Notes
                          • Section 90: added, on , by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).
                          • Section 90(2)(c): replaced, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                          • Section 90(2)(d): replaced, on , by section 172 of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                          • Section 90(3)(a): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                          • Section 90(3)(b): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).
                          • Section 90(3)(c): amended, on , by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).