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Local Government (Auckland Council) Act 2009
Miscellaneous
Council employee elected to local board must resign before taking up position
105: Council employee elected to local board must resign before taking up position

Part 1:
Preliminary provisions

3Purpose 4Interpretation 4ATransitional, savings, and related provisions 5Relationship between this Act and Local Government Act 2002, Local Government Act 1974, Local Electoral Act 2001, and Land Transport Management Act 2003

Part 2:
Auckland Council

Part 3:
Transitional arrangements

Local Government Commission

33Local Government Commission to determine boundaries of Auckland 34Local Government Commission to determine local board areas and wards 35Order in Council to give effect to determinations 35ALocal Government (Auckland Wards and Local Boards) Determination 2010 amended

Consequential amendments

36Amendment to Local Government Act 2002

Part 4:
Transport management for Auckland

37Interpretation

Auckland Transport

38Establishment of Auckland Transport 39Purpose of Auckland Transport 40Operating principles 41Status and powers of Auckland Transport 42Auckland Transport's status as council-controlled organisation and application of Part 5 of Local Government Act 2002

Governing body of Auckland Transport

43Governing body of Auckland Transport 44Duties of directors

Functions, powers, etc, of Auckland Transport

45Functions of Auckland Transport 46Functions and powers of Auckland Transport acting as local authority or other statutory body 47Auckland Transport is requiring authority 48Limitations on Auckland Transport acting under section 46(1)(c) or 47

Auckland Council's role in transport matters

49Council may make operating rules for Auckland Transport 50Council prohibited from performing functions and exercising powers conferred on Auckland Transport under sections 46 and 47 51Council's powers under Public Works Act 1981 fettered for works relating to Auckland transport system 52Council's jurisdiction in respect of roads defined more widely than in Local Government Act 1974

Miscellaneous provisions relating to Auckland Transport

53Validity of directors' acts 54Delegations 55Restriction on borrowing 56Auckland Transport's jurisdiction in respect of roads defined more widely than in Local Government Act 1974

Part 5:
Water supply and wastewater services for Auckland

Auckland Council

56ALimits on Auckland Council

Auckland water organisations

57Obligations of Auckland water organisation 57AAuckland water organisation must repay debt to Auckland Council 57BRepeal of section 57A 58Auckland water organisation must give effect to LTP and act consistently with other specified plans and strategies of Council 59Auckland water organisation may occupy certain Crown land without charge 60Status of Auckland water organisation under Public Works Act 1981 60ACharges as security

Auckland water organisation may propose bylaws

61Auckland water organisation may propose bylaw 62Auckland water organisation must consult on proposed bylaw

Powers of Auckland water organisation

63Powers of Auckland water organisation under Local Government Act 1974 64Powers of Auckland water organisation under Local Government Act 2002 65Construction of works on roads and public land by Auckland water organisation 66Notice requirement 67Auckland water organisation to be notified of conditions 68Failure to notify conditions 69Urgency 70Appeals by Auckland water organisation to District Court 71Council to appoint enforcement officers

Nuisances created by Auckland water organisation

72Abatement of nuisances created by Auckland water organisation

Rating of land and assets owned by Auckland water organisation

73Rating of land and assets owned by Auckland water organisation

Offences and liability for damage

74Offence not to comply with any of sections 65, 66, and 69 75Offences relating to carrying out work on water supply or wastewater assets of Auckland water organisation without notice 76Offences relating to damage to water supply or wastewater assets of Auckland water organisation 77Liability for damage by wilful or negligent behaviour towards water supply or wastewater work

Council must consult other Auckland water organisations when assessing water and other sanitary services

78Council must consult Auckland water organisations when assessing water services

Part 6:
Spatial planning for Auckland

79Spatial plan for Auckland 80Development, adoption, and implementation of spatial plan

Part 6:
Spatial planning for Auckland

79Spatial plan for Auckland 80Development, adoption, and implementation of spatial plan

Part 7:
Board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau

81Establishment and purpose of board 82Board independent 83Board's name 84Board's general functions 85Board's specific functions 86Board's powers 87Auckland Council information provided to board 88Auckland Council's duties to board 89Schedule 2 applies to board

Part 8:
Miscellaneous

Substantive council-controlled organisations

90Council must have accountability policy for substantive council-controlled organisations 91Council may impose additional accountability requirements on substantive council-controlled organisations 92Substantive council-controlled organisations must give effect to LTP and act consistently with other specified plans and strategies of Council 93Councillors and local board members prohibited from appointment as directors of substantive council-controlled organisations 94Director of substantive council-controlled organisation elected to Council or local board must resign before taking up position 95Council may appoint chairperson and deputy chairperson of substantive council-controlled organisation

Council-controlled organisations must hold specified meetings in public

96Council-controlled organisations must hold specified meetings in public 96ATiming of public meeting for shareholder feedback on 2023/2024 statement of intent

Disputes between local boards and governing body

97Disputes about allocation of decision-making responsibilities or proposed bylaws 98Local Government Commission to determine disputes 99Local Government Commission may delegate duty to determine dispute

Development contributions

100Development contributions for transport infrastructure 101Development contributions for assets managed by other parties

Prohibition on establishment of community boards

102Prohibition on establishment of community boards

Review of representation arrangements

103Review of representation arrangements under Local Electoral Act 2001

Auditor-General to review Council's service performance

104Auditor-General to review Council's service performance

Council employee elected to local board must resign before taking up position

105Council employee elected to local board must resign before taking up position

Representation on port company board

106Representation on port company board

Borrowing in foreign currency

107Borrowing in foreign currency

Schedule 1AA:
Transitional, savings, and related provisions

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

Schedule 2:
Provisions relating to board promoting issues of significance for mana whenua groups and mataawaka of Tamaki Makaurau

Local Government (Auckland Council) Act 2009

Miscellaneous - Council employee elected to local board must resign before taking up position

105: Council employee elected to local board must resign before taking up position

You could also call this:

"Council workers must quit their job before joining a local board."

Illustration for Local Government (Auckland Council) Act 2009

If you work for the Council and you get elected to be on a local board, you must resign from your job at the Council. You have to do this before you start your new role on the local board. This means you cannot work for the Council and be on a local board at the same time.

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This page was last updated on 18 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3338696.

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Government and voting > Local councilsGovernment and voting > ElectionsWork and jobs > Worker rights

104: Auditor-General to review Council's service performance, or

"The Auditor-General checks if the Auckland Council is doing its job well."

106: Representation on port company board, or

"Who gets to be in charge of a port company that Auckland Council is involved with"

Part 8Miscellaneous
Council employee elected to local board must resign before taking up position

105Council employee elected to local board must resign before taking up position

An employee of the Council who is elected to be a member of a local board must resign from his or her position as an employee of the Council before taking up his or her position as a member of the local board.

Notes

Section 105: added, on 1 November 2010, by section 31 of the Local Government (Auckland Council) Amendment Act 2010 (2010 No 36).