2Interpretation

1. In this Act, unless the context otherwise requires,—

   Act includes Provincial Ordinance

   adjusted net capital value, in relation to any district, means the net capital value of the district adjusted under Part 14 of the Rating Powers Act 1988, which Part shall apply as if the territorial authority were a special-purpose authority

   annual plan means a report under section 223D

   annual report means a report under section 233E

   building consent has the meaning ascribed to it by section 7 of the Building Act 2004

   capital value has the same meaning as in the Rating Valuations Act 1998

   chairperson includes the mayor of a territorial authority and the chairman of a regional council; and deputy chairperson includes a deputy mayor or deputy chairman

   commercial or industrial purpose means any purpose of commerce, trade, or industry; but does not include any farming purpose; and commercial or industrial allotment and commercial or industrial building have meanings corresponding to the meaning of the term commercial or industrial purpose

   Commission means the Local Government Commission established under this Act

   community means a community constituted under section 101ZG

   community board means a community board constituted under section 101ZP

   constituency—

   1. means a constituency of a region that is under the jurisdiction of a regional council and is established for electoral purposes under this Act; but
   2. does not include any subdivision for electoral purposes of a territorial authority that has the functions, duties, and powers of a regional council

   constituent authority, in relation to any constituent district, means the territorial authority having jurisdiction over that constituent district

   constituent district means the district of a territorial authority which is wholly or partly within a region

   construction, in relation to any work authorised by this Act, includes the execution, establishment, constitution, undertaking, or carrying out thereof; and construct has a corresponding meaning

   council means a territorial authority or a regional council, as the case may require

   debt security has the same meaning as in the Securities Act 1978

   Director of Maritime New Zealand means the person for the time being holding the office of Director of Maritime New Zealand under section 439 of the Maritime Transport Act 1994

   district means the district of a local authority; and includes a region

   district council means a district council constituted under Part 1A

   district plan, operative (in relation to a district plan), and proposed plan have the same meanings as in section 2(1) of the Resource Management Act 1991

   elector means a person qualified to be an elector by virtue of section 23 or section 24 of the Local Electoral Act 2001

   engineer, in relation to any council, means the engineer appointed by the council; and includes any person for the time being appointed by the council to perform the duties of engineer thereto

   Environment Court means the Environment Court as defined in section 2(1) of the Resource Management Act 1991

   equity security has the same meaning as in the Securities Act 1978

   farm land means land used or intended to be used solely or principally for agricultural or horticultural or pastoral purposes or the keeping of bees or poultry or other livestock; and farming and farming purposes have corresponding meanings

   final scheme means a final scheme under Part 1; and includes a final reorganisation scheme prepared under section 15B

   financial year means—

   1. in relation to any period before 1 April 1990, a period of 12 months ending with 31 March:
   2. in relation to the period commencing on 1 April 1990 and ending with 30 June 1990, that period of 3 months:
   3. in relation to any period commencing on or after 1 July 1990, a period of 12 months ending with 30 June

   formation, in relation to any road, has the same meaning as the construction of the road, and includes gravelling, metalling, sealing, or permanently surfacing the road; and form has a corresponding meaning

   general election means the triennial general election or a general election of members of a territorial authority or regional council held under the Local Electoral Act 2001

   general revenues, in relation to a local authority, means all the funds received or receivable by a local authority, excluding loan money under Part 7B

   generally accepted accounting practice means—

   1. approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) so far as those standards apply to local authorities or local authority trading enterprises, as the case may be; and
   2. in relation to matters for which no provision is made in approved financial reporting standards (within the meaning of section 2 of the Financial Reporting Act 1993) and which are not subject to any applicable rule of law, accounting policies that—
      1. are appropriate to the local authority or local authority trading enterprise, as the case may be; and
      2. have authoritative support within the accounting profession in New Zealand

   government road means a government road declared as such under any Act

   laying out, in relation to any road, means the legal and survey actions necessary to enable the road to be formed; but does not include the formation of the road

   local authority has the same meaning as in section 5(1) of the Local Government Act 2002

   maritime facilities includes moorings, wharves, docks, quays, marinas, areas or places where vessels are maintained, launching ramps, and other launching facilities

   Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994

   maritime rules means maritime rules made under the Maritime Transport Act 1994

   medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

   member, in relation to any local authority, includes any chairperson or mayor

   Minister means the Minister of Local Government

   navigation bylaws means bylaws made under section 684B

   navigational aid has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994

   net capital value, in relation to any district, means the total of the capital value of all the rateable property in the district and the value of all property in the district in respect of which the local authority receives grants in lieu of rates

   occupier, in relation to any property, means the inhabitant occupier of that property

   owner, in relation to any property, means the person entitled to receive the rack rent thereof, or who would be so entitled if the property were let to a tenant at a rack rent

   parliamentary elector means any person lawfully registered as an elector under the Electoral Act 1993

   pleasure craft has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994

   polling day means the day appointed for holding an election or poll

   pollutant means anything which contaminates water so as to change its physical or chemical or biological condition in such a manner as to make it unclean, noxious, or impure, or as to be detrimental to the health, safety, or welfare of persons using the water, or as to render the water undrinkable; and pollute has a corresponding meaning

   principal administrative officer means, in relation to a local authority, the principal administrative officer of the local authority irrespective of the designation given to that officer; and includes any person for the time being appointed by the local authority to perform the duties or a particular duty of the principal administrative officer

   principal local authority, in relation to a reorganisation proposal, means the local authority agreed on, or designated, under section 37ZY, as the principal local authority in relation to that proposal

   property includes all real estate, and all personal estate, chattels, and effects, and all money and rates, whether in possession or reversion or recoverable by action or other legal proceeding, and the benefit of any contract or engagement, and every matter or thing the subject of property

   public notice means—and published and publicly notified have corresponding meanings. A public notice setting forth the object, purport, or general effect of a document shall in any case be sufficient notice of that document

   1. a notice published in a newspaper circulating generally in the district to which the subject matter of the notice relates; or
   2. where there is no newspaper circulating generally in any district, a notice published on placards affixed to public places in the district to which the subject matter of the notice relates;—

   public office or office means, in relation to any local authority, its principal or only public office

   public work means any public work within the meaning of the Public Works Act 1981

   rate records means rate records under the Local Government (Rating) Act 2002

   rateable value, in relation to any property, means its rateable value within the meaning of the Local Government (Rating) Act 2002

   ratepayer, in relation to any property, means a person whose name appears for the time being in the “Occupiers” column of the rate record for that property

   region means a region in respect of which—

   1. a regional council is constituted; or
   2. a territorial authority has, pursuant to section 37N, authority to exercise the functions, duties, and powers of a regional council

   regional council—

   1. has the same meaning as in section 5(1) of the Local Government Act 2002; and
   2. includes, in Part 39A and sections 684B to 684F, the Chatham Islands Council

   regional planning scheme has the same meaning as in section 2(1) of the Town and Country Planning Act 1977

   reorganisation scheme means a reorganisation scheme within the meaning of section 37ZZA or section 37ZZZA

   road has the meaning defined in section 315

   rural area means an area zoned rural in a proposed or an operative district plan

   Secretary means the Secretary for Local Government

   ship has the same meaning as it has in section 2(1) of the Maritime Transport Act 1994

   special consultative procedure means the procedure set out in section 83 of the Local Government Act 2002

   State highway means a State highway declared under section 60 of the Government Roading Powers Act 1989

   territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002

   territorial authority district means a district in respect of which a territorial authority is constituted; and, in relation to land in respect of which the Minister of Local Government is the territorial authority, means that land

   treasurer, in relation to any council, means the treasurer appointed by the council; and includes any person for the time being appointed by the council to perform the duties of treasurer thereto

   upgrading, in relation to any road, includes any change to the composition, width, or surfacing of the road

   valuation roll, in relation to any district, means the valuation roll for the district prepared under section 7 of the Rating Valuations Act 1998 and approved by the Valuer-General under section 11 of that Act

   ward means a subdivision, for electoral purposes, of the district of a territorial authority

   working day means any day of the week other than—

   1. a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
   2. if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
   3. a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

2. The Governor-General may, from time to time, by Order in Council,—

3. add to, or omit from, Schedule 1, or any Part thereof, the name of any class of local authority or the name of any specified local authority:
4. otherwise amend Schedule 1, or revoke any such schedule or any Part of any such schedule, and substitute a new schedule or a new Part, as the case may require.

5. Repealed

6. For the purposes of this Act, any 2 or more districts or communities shall be deemed to be adjoining districts or communities and any area shall be deemed to adjoin a district or community or another area, notwithstanding that they may be separated by a public highway, any railway, any watercourse (whether natural or artificial), any harbour, the sea, or any other natural or artificial feature.

7. For the purposes of this Act, the certificate of the Government Statistician as to the population of any district or area or the electoral population of any general electoral district, Maori electoral district, district, or area at any date shall be conclusive evidence thereof.

8. Every provision of this Act vesting any land in a territorial authority shall, in the case of land situated in a territorial authority district of which the Minister of Local Government is the territorial authority, be read as a provision vesting the land in the Crown.