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Acts
Local Government Act 1974
Mayor, chairman, and members of councils
Disqualification of members of councils, and filling of extraordinary vacancies
98: Extraordinary vacancies on district community councils and community councils

1Short Title and commencement 2Interpretation 2AFunctions, powers, and duties of Minister of Local Government 2BSecretary for Local Government

Part 1:
The Local Government Commission

Part 1A:
Purposes and structure of local government

37JCommencement 37KPurposes of local government 37LStructure of local government 37MCities 37NUnitary authorities 37ORegional boundaries 37PTerritorial authority boundaries 37QOut-districts 37RMinister of Local Government to be territorial authority 37RAMinister of Conservation to have certain powers of regional council and territorial authority 37SFunctions of regional councils 37SAFurther provisions relating to functions of regional councils 37SBHazardous waste management 37SCTransfer of functions, duties, etc 37SDRevocation of transfer of functions, duties, etc

Auckland regional growth strategy

37SEAuckland regional growth strategy 37SFCopies of regional growth strategy 37SGRegional growth forum 37SHConsultation 37TFunctions of territorial authorities

Part 2A:
Local Government Commission

37UCommencement 37VLocal Government Commission 37WFunctions of Commission 37XCommission to report to Minister 37YMembership of Commission 37ZTerm of office 37ZADeputies of members 37ZBTemporary members 37ZCFurther provisions applying in respect of Commission

Part 2AA:
Appeals against decisions of Commission

37ZDCommencement 37ZEAppeal against decision of Commission on question of law 37ZFNotice of appeal 37ZGRight to appear and be heard on appeals 37ZHOrders relating to determination of appeals 37ZIDismissal of appeal 37ZJAppeal in respect of additional points of law 37ZKExtension of time 37ZLDate of hearing 37ZMRestriction on appeals

Part 2B:
Initiation of reorganisation proposals

Reorganisation proposals

37ZNMatters that may be included in reorganisation proposal 37ZOInitiation of reorganisation proposal 37ZPProcedure for initiation of reorganisation proposal 37ZQContents of reorganisation proposal

Criteria

37ZQACriteria 37ZRBoundaries 37ZRAMembership

Part 2BA:
Consideration of proposals for boundary alterations and transfer of functions

37ZSInterpretation 37ZTAction required on receipt of reorganisation proposal 37ZURelevant criteria

Principal local authority

37ZVDesignation of principal local authority 37ZWDuties of principal local authority

Submissions

37ZXSubmissions in relation to draft reorganisation scheme 37ZYPower to appoint committee to consider submissions 37ZZConsideration and hearing of submissions

Decisions

37ZZADecisions in relation to draft reorganisation scheme 37ZZBProcedure where no submissions received

Appeals

37ZZCAppeal against decision of principal local authority 37ZZDNotice of appeal 37ZZERight to appear and be heard on appeals 37ZZFOrders relating to determination of appeals 37ZZGDismissal of appeal 37ZZHAppeal in respect of additional matters 37ZZIExtension of time 37ZZJDate of hearing 37ZZKHearing and determination of appeal 37ZZLPower to refer appeal back for reconsideration 37ZZMNotice of decision on appeal 37ZZMAProcedure after appeal 37ZZNProvisions pending determination of appeal

Similar proposals

37ZZNAPower to decline to consider reorganisation proposal

Part 2BB:
Consideration of proposals for new districts

37ZZOInterpretation 37ZZPMinimum populations of districts and regions 37ZZQDuties of principal administrative officer 37ZZQARepresentative of electors 37ZZQBCommission to obtain views 37ZZRCommission to prepare draft reorganisation scheme and explanatory statement 37ZZSConsideration of proposal by Commission 37ZZSAPower to decline to consider reorganisation proposal 37ZZTReferral back of proposal 37ZZTAPower to decline resubmitted proposal

Reviews

37ZZTBReviews 37ZZTCStatement of review 37ZZTDPublic notice of review 37ZZTESubmissions on review 37ZZTFRequirement to consult 37ZZTGConsideration of submissions 37ZZTHInquiries and investigations 37ZZTIDecisions on review 37ZZTJCompletion of review 37ZZTKApplication of Part 2BA with modifications

Reorganisation schemes

37ZZUCommission to deal with amended proposal 37ZZVDraft reorganisation schemes 37ZZVAPower to amend basis of certain rates 37ZZVBPower to amend reorganisation schemes 37ZZWExplanatory statement 37ZZXCommission to give public notice of draft reorganisation scheme and explanatory statement 37ZZYSubmissions on draft reorganisation scheme 37ZZZConsideration of submissions 37ZZZAReorganisation scheme 37ZZZBExplanatory statement 37ZZZCDuty of Commission to give notice 37ZZZDPower of proposer to withdraw proposal 37ZZZDAPower of Commission to abandon reorganisation scheme or to resolve to conduct review

Polls

37ZZZEPolls to be held 37ZZZFTiming of poll 37ZZZGOfficial result of poll 37ZZZHFate of proposal after poll 37ZZZHAPower to decline to consider reorganisation proposal 37ZZZIRegulations

Expenditure limits

37ZZZIAInterpretation 37ZZZIBPopulation 37ZZZICAdvertising in relation to polls 37ZZZIDProvision of funding to proposer 37ZZZIEReturns of expenditure 37ZZZIFAuthorisation of advertising 37ZZZIGApplication

Part 2BC:
Implementation of reorganisation schemes

37ZZZJImplementation of reorganisation schemes 37ZZZKProvisions relating to Orders in Council giving effect to reorganisation schemes 37ZZZLOrder in Council may set ward and constituency boundaries 37ZZZMEffect of Orders in Council giving effect to reorganisation schemes 37ZZZNPower to amend basis of certain rates 37ZZZOPower to amend reorganisation schemes

Miscellaneous provisions

37ZZZPNo compensation payable where function transferred 37ZZZQCertain matters not affected by transfer of functions, duties, or powers 37ZZZRRegisters 37ZZZSProhibition in respect of requests and recommendations under other enactments

Part 2:
Regions, territorial districts, and communities

38This Part to be read subject to Part 1 39Application of this Act

Regions and regional and united councils

40Constitution, alteration, union, and abolition of regions 41Regional councils and united councils 42Membership of regional councils 43Review of constituencies and membership 44Objections to decision of regional council 45Membership of united councils 46Alteration of allocation of appointments to united councils 46AJoint appointments to united council

Constitution of districts of territorial authorities

47Interpretation 48Constitution, alteration, and union of districts 49Electors may request constitution of new district or alteration of boundaries of existing district 50Boundaries of districts 51New cities

Councils of districts

52Councils of districts 53Incorporation of councils 54District councils 55Membership of councils 56Review of basis of election 56AReview of basis of election and division of district with population over 70 000 into wards 56BCommission to determine wards 56CFactors to be used in determining wards 56DWard system where members of territorial authority elected on ward system in 1983

Constitution of communities

57Constitution of communities 58Union, alteration, or abolition, of communities

District community councils and community councils

59District community councils and community councils 60Membership of district community councils and community councils 61Purpose of community council

Part 3:
Elections, electors, and electoral rolls

Members other than members of united council

62Election of members 63Electors qualified for election 64Persons disqualified for election

Members of united council

65Members of united council

Special provisions relating to communities

66Community within jurisdiction of district community council to constitute a ward 67Representation of district community council on territorial authority and other bodies 68Appointment of representative of community council to attend territorial authority meetings

Electors

69Parliamentary electors with appropriate residential qualification qualified as electors of territorial authority, ward, or community 70Electors and voting rights 71Electors of regions 72Compilation of electoral roll 73No person to be enrolled more than once

Electoral rolls

74Roll to be available for public inspection 75Application for registration as a parliamentary elector 76Completion of roll 77Amendments to roll 78When roll in force 79Proof of roll 80Roll for by-election or poll 81Use of roll for other local authority election, by-election, or poll 82Special provisions relating to regional council elections 83Local Elections and Polls Act 1976 applied 84Revision of rolls 85Rolls for purposes of by-elections and polls 86Use of rolls for other local authority elections and polls 87Special provisions relating to regional council elections 88Local Elections and Polls Act 1976 applied 89Compulsory enrolment of residential electors

Part 4:
Mayor, chairman, and members of councils

90Mayor of borough 91Mayor or chairman of district council 92Election of mayor 93Election of chairman of regional council, united council, county, district of a district council, town district, district community council, or community council 93ARegional, united, county, district, town, district community, or community council may remove chairman from office and elect new chairman 93BElection of chairman by open voting 94Principal officer to preside at meeting for election of chairman 95Provisions where the same person elected to be both mayor and a member 96Provisions applying to all mayors and chairmen

Disqualification of members of councils, and filling of extraordinary vacancies

97Disqualification of members of councils other than united councils 98Extraordinary vacancies on district community councils and community councils 99Vacancies in membership of united council 100Ouster of office of member 101Audit Office to institute proceedings

Part 4A:
Membership, wards, and constituencies

101ACommencement 101BApplication 101CMembership of territorial authorities 101CAMembership of regional councils 101DWards and constituencies of districts and regions 101EMembership 101FElectors of regions, territorial authorities, and communities 101GParliamentary electors qualified for election to any regional council, territorial authority, or community board 101GACandidacy for both regional council and constituent authority prohibited 101HReview of membership and basis of election 101IDistribution of copies of resolution 101JObjections 101KCommission to determine wards and constituencies 101LFactors in determination of membership and basis of election 101MWhen ward and constituency determinations take effect

Presiding members of territorial authorities and regional councils

101NPresiding member 101OQualification and election of mayor of territorial authority 101PElection of chairperson of regional council 101QProvisions applying to all mayors and chairpersons 101RFilling of vacancy in office of mayor 101SFilling of vacancy in office of chairperson 101TMayors and chairpersons to be Justices of the Peace 101UElection of deputy mayor or deputy chairperson 101VPower of regional council or territorial authority to remove chairperson, deputy chairperson, or deputy mayor from office and elect successor 101WProvisions where same person elected to be both mayor and a member

Extraordinary vacancies

101XDisqualification of members 101YOuster of office of member 101ZSecretary to institute proceedings 101ZAMember's right to resign 101ZBExtraordinary vacancies 101ZCProcedure in relation to extraordinary vacancy in local authority 101ZDPower to require election to be held 101ZEElection to extraordinary vacancy

Part 4B:
Communities

101ZFCommencement 101ZGConstitution of communities 101ZHMatters pertaining to constitution of communities 101ZIProposal to establish community 101ZJRequirements in relation to proposal 101ZKProposal seeking constitution of communities 101ZLMatters to be considered when constituting community 101ZMAppeal against refusal to constitute community 101ZNProcedures relating to resolution to constitute community 101ZOUnion, alteration, or abolition of communities

Community boards

101ZPCommunity boards 101ZQMembership of community boards 101ZRElections of community boards 101ZSApplication of certain provisions relating to extraordinary vacancies

Procedural matters

101ZTChairperson of community board 101ZUCommunity board committees 101ZVQuorum of community board and committees of community board 101ZWApplication of Part 5A 101ZXCommunity boards not committees of territorial authority

Purposes, functions, duties, and powers of community boards

101ZYPurposes of community board 101ZZFunctions, duties, and powers of community board 101ZZASpecific functions determined by Order in Council

Administrative and other facilities

101ZZBProvision of administrative and other facilities for community boards 101ZZCExpenses of community boards

Part 4C:
Remuneration of members

101ZZDCommencement 101ZZEInterpretation 101ZZFRemuneration Authority to determine remuneration 101ZZGMandatory criteria for Authority 101ZZHSubmissions to Authority 101ZZIFrequency of adjustments 101ZZJDetermination is a regulation 101ZZKPublication of determinations 101ZZLLevy to pay Authority's costs 101ZZMMembers and officers of Remuneration Authority to maintain secrecy 101ZZNMeaning of remuneration 101ZZOGreytown District Trust Lands Trustees 101ZZPSalary or allowances not payable in certain circumstances 101ZZQSalary or allowance payable to existing office holder not to be reduced 101ZZRReduction of salary where full term not served 101ZZSOffice holder may decline to accept salary or allowance 101ZZTFund from which salaries and allowances to be paid 101ZZUTravelling expenses of members 101ZZVTravelling expenses of members attending conferences

Part 5:
Procedural matters

102Interpretation 103Declaration by member

Committees

104Standing or special committees 105Joint committees 106Subcommittees

Meetings

107Chairman of meetings 108Quorum of councils and committees, and voting at meetings 108AVoting system for certain elections and appointments 109Proceedings not invalidated by vacancies, irregularities, etc 110Ordinary meetings 111Special meetings 112Minutes of proceedings

Special orders

113Special orders

Procedural rules

114Rules as to proceedings of council, committees, etc

Part 5A:
Procedural and organisational matters

114ACommencement 114BInterpretation

Meetings

114CGeneral provisions as to meetings 114DFirst meeting following triennial general election 114EOrdinary meetings 114FSpecial meetings 114GEmergency meetings 114HMeetings not invalid because notice not given

Conduct of meetings

114IQuorum of councils and committees 114JVoting 114KVoting systems for certain appointments 114LChairperson of meetings

Procedures at meetings

114MStanding orders 114NMinutes of proceedings 114OProceedings not invalidated by vacancies, irregularities, etc

Committees and subcommittees

114PPower to appoint committees and subcommittees 114QDelegation to committees and subcommittees 114RMembership of committees and subcommittees 114SJoint committees

Conduct of members

114TMembers to give notice of addresses 114UDeclaration by member 114VMembers shall abide by standing orders

Part 6:
Administrative and other facilities

115Administration of united council 116Administering authority to provide staff, land, and other facilities for united council 117Staff of regional councils and territorial authorities 118Provision of administrative and other facilities for district community councils and community councils 119Expenses of community councils

Part 6A:
Employment of staff

119ACommencement 119BStaff of local authorities 119CChief executive officer or group of senior executive officers 119DResponsibilities of executive officers 119EMaximum term of employment 119FGeneral employment principles 119GEqual employment opportunities programme 119HAppointments on merit 119IObligation to notify vacancies 119JMaximum term of office of certain employees

Part 7:
General revenues and estimates

120General revenues 121Annual estimates 122Application of income

Part 7A:
Financial management

122AInterpretation 122BPurposes 122CPrinciples of financial management 122DLocal authorities not required to use specific funding mechanisms 122EFunding of expenditure needs 122FPrinciples relating to funding of expenditure needs 122GConsiderations related to funding of expenditure needs 122HMatters related to mechanisms for funding of expenditure needs 122ICompliance 122JShort-term borrowing, reserves, etc 122KLong-term financial strategy 122LContent of long-term financial strategy 122MSignificant forecasting assumptions of long-term financial strategy 122NFunding policy 122OContent of funding policy 122PInvestment policy 122QContent of investment policy 122RBorrowing management policy 122SContent of borrowing management policy 122TChanges to long-term financial strategy and policies 122UVariations between long-term financial strategy and funding, investment, or borrowing management policies 122VReport on long-term financial strategy and policies 122WLimitation of review 122XStatement of compliance

Part 7B:
Borrowing and security

122YCommencement 122ZInterpretation

Power to borrow

122ZAGeneral power to borrow 122ZAAInternal borrowing 122ZBPower to enter into incidental arrangements 122ZCProhibition on borrowing in foreign currency

Procedure for raising loans

122ZDProcedure for borrowing money

Securities and charges

122ZESecurity for loans 122ZFProvisions applying to special rates 122ZGEffects of breach on third parties

Registration of charges

122ZHRegistration of charges 122ZIRegister of charges maintained by Registrar of Companies 122ZJRegister of charges maintained by local authority 122ZKRegistration of subsisting charges

Receivership

122ZLAppointment of receivers 122ZMPowers and duties of receivers 122ZNConstraints on receiver 122ZOProtection for receiver

Miscellaneous provisions

122ZPLoans not guaranteed by Crown 122ZQAssimilation of existing stock with new stock 122ZRProvisions relating to sinking funds 122ZSConversion of existing loans 122ZTPreservation of existing status

Part 8:
Assessments of united councils

123Constituent authorities to meet expenditure 124Valuation equalisation 125Alterations to apportionment of expenditure 125AObjections as to alterations to apportionment of expenditure 126Assessment of contributions 127Jurisdiction of District Court 128Production of documents to be evidence 129Payment of assessments 130Powers of constituent authorities and other territorial authorities in respect of payments 131Powers of united council to recover contributions in case of default 132United councils not to have rating powers

Part 9:
Rates and charges

133Levying and recovery of rates where property situated in region or out-district

General rating by regional councils

134Determination of rating system 135Regional general rate

Territorial authority general rates

136Territorial authority general rates 137Levying of territorial authority general rate where ward accounts kept 138Territorial authority may cease to make and levy general rates separately in each ward

General rating in communities

139Community general rate

Regional works and services rates

140Regional works and services rates 141Exercise of rating and levying powers of other authorities

Territorial authority separate rates

142Works and services rates 143Separate rates

Improvement and development rates in communities

144Community improvement and development rates 145Territorial authority may exempt farm lands in community from improvement and development rates

Rating methods

146Interpretation 147Differential rates 147AIntroduction of differential rating 148Alteration to system of differential rating 148ACertain changes not to compromise alteration to system of differential rating 149Revocation of differential rating 150Notice to Valuer-General 151Levying of differential rate 152Application of proceeds of differential rate 153Rating on a graduated scale 154Land drainage or water race rating on area system 155Appeal against operation of area system 156Classification for purposes of area rate 157Fire protection rate on value of improvements

Charges instead of rates

157AUniform annual general charge 157BReduction or cancellation of uniform annual general charge 157CUniform annual general charges on properties only partly in district 158Water charges 159Provisions as to water meters 160Water race charge 161Owner granting land for water race may have water free of charge or at a reduced charge 162Sewerage and stormwater drainage charges 163Refuse charges 164Fire protection charges 164AUniform annual charges instead of rates for certain purpose 164AAAnnual charges on properties in common occupation

Lump sum contribution to capital cost of works

164BInterpretation 164CTerritorial authority may resolve to seek lump sum contributions from ratepayers 164DPreparation of cost estimates and calculation of contributions and rates or charges relating to works 164ERight to make lump sum contribution 164FNotification to ratepayer of right to make election 164GEffect of election to make a lump sum contribution 164HPayment of lump sum contributions 164IRecalculation of lump sum contribution on completion of work 164JRefund of or increase in lump sum contribution 164KLump sum contribution deemed to be separate rate

Part 10:
Miscellaneous financial provisions

165Interpretation 166Minimum rates 167Charges deemed to be rates 168In default of payment of water rates or charges supply may be stopped 169Adjusted valuation 170Adoption of different rating system in community 171Deduction from proceeds of separate rate of cost of making and levying rate, etc 172Separate rate may be made an annually recurring rate 173Certain separate rates payable in full or for proportionate part of year in certain circumstances 174Consolidation of special rates 175Consolidation of rates 176Application of surplus of certain rates and contributions 177Unauthorised expenditure 178Special provisions as to County of Chatham Islands

Timber levy

179Levy on timber

Borrowing

180Security for loans

Part 11:
Local authorities fuel tax

181Interpretation 182Application of this Part 183Tax areas for purposes of tax 184Notice of change of distribution authority 185Powers of component authorities to levy fuel tax 186Alteration of scale of tax 187Notice of alteration of tax 188Functions of distribution authority

Collection of tax

189Returns by wholesale distributors 190Assessment of tax 191Assessment presumed to be correct 192Appeal against assessment 193Tax recoverable as a debt 194Penalty for late payment of tax

Application of proceeds of tax

195Separate bank account to be kept by distribution authority 196Accounts to be kept in accordance with requirements of Auditor-General 197Transfer by distribution authority of authorised cost of services 198Distribution of proceeds 199Effect on agreements of imposition or alteration of tax 199AOrder in Council prescribing local authorities fuel tax 200Regulations in respect of local authorities fuel tax

Part 11A:
Regional petrol tax

200AInterpretation 200BApplication of this Part 200CPower of regional councils to levy regional petrol tax 200DRegional petrol tax to be notified 200ERestriction on collection of tax 200FApplication of proceeds of tax 200GReturns by wholesale distributors 200HAssessment of tax 200IAssessment presumed to be correct 200JAppeal against assessment 200KTax recoverable as a debt 200LPenalty for late payment of tax 200MEffect on agreements of imposition or alteration of tax 200NAccounting month

Part 12:
Accounting documents, special funds, trading undertakings, and expenditure

201Application and interpretation of Part 12

Financial records

202Financial records 203Allocation of administration costs 204Inspection of documents by electors and others

Custody of and payment of money

205Payment to and withdrawal from bank accounts 206Deposit at interest 207Council may establish Imprest Accounts 208Council may establish special funds 209Certain funds deemed to be special funds under this Act

Special provisions as to trading undertakings

210Asset renewal charge 211Application of asset renewal charge 212Investment of asset renewal charge 213Power to revoke appointment of Commissioners

Remuneration and expenses of, and use of facilities by, mayor or chairman and other members

214Interpretation 214AAnnual allowances to be determined by Higher Salaries Commission 214BAnnual allowances and remuneration to be determined by Minister following determination by Higher Salaries Commission 214CAlteration to annual allowances or remuneration of chairmen, deputy chairmen, chairmen of standing or special committees, and other members of local authorities 214DPayment of annual allowances and remuneration 214EAttendance at certain conferences and meetings to be remunerated 214FRemuneration of persons who are neither members nor employees of local authority 214GAnnual allowances and remuneration not payable in certain circumstances 214HAnnual allowance of chairman of district community council 214IRemuneration of chairman and other members of community council 214JAnnual allowance or remuneration payable to existing office holder not to be reduced 214KReduction of annual allowance where full term not served 214LOfficer holder may decline to accept annual allowance or remuneration 214MFund from which allowances and remuneration to be paid 215Travelling expenses of members 216Travelling expenses of members attending conferences 217Expenses of members of district community councils and community councils 218Use of transport facilities by members 219Miscellaneous expenditure

Miscellaneous provisions

220Government not liable for district debts 221Rates of interest 222Offences by employees with respect to money or accounts 223Regulations as to collection of and accounting for money 223APreparation of financial statements in certain circumstances

Part 12A:
Accountability and accounting

223BCommencement 223CConduct of affairs 223CASpecial provisions applying to Wellington Regional Council 223DAnnual plan 223EAnnual report 223FFinancial systems 223GFailure to comply with financial reporting requirements 223HInspection of financial records by members and specified officers of local authority 223IBanking and related matters 223JMiscellaneous expenditure 223KUnauthorised expenditure 223LGovernment not liable for debts

Part 13:
Council property

224Interpretation 225Property for council purposes 225AInterpretation 225BPort company shares and assets and liabilities of former harbour boards 225CApplication of proceeds of sale 225DCommunity trusts 225EPurpose of Trust 225FTrustees 225GTerm of office of trustees 225HPersons not capable of holding office as trustee 225IFinancial statements 225JTrustees to hold public meeting 225KMatters to be included in trust deed 225LTrust deed not to be inconsistent with provisions of this Act 225MApplication of Trustee Act 1956 226Disposal of council property (other than land)227Shops and offices 228Council may purchase land by instalments

Part 14:
Sale and leasing of land

229Interpretation 230Sale or exchange of council land 231Leasing of land by council 232Lease of council building as cinematograph theatre 233Leases to other local authorities may be by private contract 234Special provisions with respect to land and buildings reserved for recreation 235Council may grant easements 236Transfers and leases to Crown for reserves or public purposes

Part 15:
Works of councils

237Interpretation 237APower to acquire land 237BLand for regional planning 238General powers of council in respect of works 238AExecution of works and services for united council 239Council involvement in joint ventures with other persons 239AAgreement for execution of works and development for regional planning purposes 239BJoining of other local authorities in, and sharing of expenses of, works and development for regional planning 240Compensation payable by council for land taken or injuriously affected 241Government works not to be interfered with 242Council not authorised to create nuisance 243Protection of permanent reference marks

Part 16:
Contracts

244Interpretation 245Contracts for works 246Council may contract with Minister of Works and Development and other local authorities and public bodies for execution of works 247Co-operative contracts

Part 16A:
Works and contracts

247ACommencement 247BGeneral powers 247CGeneral power to be involved in business and other ventures 247DMethod to be adopted 247EContracts and tenders 247FPower to acquire land 247GCompensation payable by local authority for land taken or injuriously affected 247HLocal authority not authorised to create nuisance

Part 17:
Documents and local archives

248Interpretation

Documents

249Council to make arrangements in connection with documents 250Documents of district community councils and community councils 251Documents of abolished local authorities 252Authentication of documents by council or board 253Service of documents, etc 254Loss or destruction of documents, etc 255Certified copies of documents

Local archives

256Protection of local archives 257Use of local archives 258Acquisition of local archives and other documents 259Destruction of certain local archives

Part 18:
General provisions as to functions and powers

260Functions of united councils 261Regional or united council may undertake constituent authority functions 262Functions conferred by Order in Council 263Provisions on transfer of functions

Part 19:
Functions of regional and united councils only

264Interpretation 265New regional functions 266Councils to exercise civil defence functions 266AFunctions relating to developments of regional importance 267Delegation of functions from Crown 268Territorial authority may perform functions of regional council in certain circumstances 269Out-districts

Part 19A:
Administration of petroleum rationing by regional councils and united councils

269AInterpretation 269BRegions for the purposes of this Part 269CCouncils to undertake petroleum products rationing 269DPetroleum products rationing organisation plans 269EPetroleum products rationing administrative plans 269FAmendment to approved plans 269GRegional and united councils and territorial authorities to give effect to operative petroleum products rationing plans

Part 20:
Subdivision and development of land

270Interpretation and application 270ALocal Government Amendment Act 1981 not to apply to certain developments not completed at 1 January 1981 271Subdivision defined 271ADevelopment defined 272Application of this Part to the Crown 273Application of this Part to subdivision or development by council 273AApplication of this Part to developments by local authorities 273BApplication of this Part to development by hospital boards 273CApplication of this Part to relocatable home parks

Subdivision

274Subdivision not to be permitted in certain circumstances 275Scheme plan to be submitted to council 276Concept plan may be required in certain cases 277Concept plan to be referred to certain authorities 278Action to be taken in respect of concept plan 279Powers of council where scheme plan submitted 280Council and owner may agree for subdivision to proceed 281Application of Part 21 282Minimum frontage and area requirements 283Public water supply, drainage, electricity reticulation, and gas supply

Reserves

284Reserves policy 285Reserves contributions in case of residential subdivisions 286Reserves contributions in respect of subdivision for commercial or industrial purposes 287Reserves contributions previously paid 288Payment and use of reserves contributions 289Reserves along areas of water 290Compensation in respect of land along areas of water set aside as reserves 291Preservation of trees and buildings of historic interest and wildlife habitat 292Reserves for future service lanes

Development

293Development plans 294Reserves and public services contributions in respect of development 294ACalculation of development levy 294BApplication of other sections to developments 294CVariation of development plan or conditions imposed 294DReserves contributions or development levy where development varied 294ERedetermination of assessed value 294FDetermination of actual capital value of development 294FAAmendment of development levy when development completed 294GCalculation of reserves contributions and development levy when development completed 294HApplication of development levies fixed by council 294IOwner to contribute to certain regional works

Provision for parking

295Provision for parking

General provisions

296Variation or revocation of scheme plan or conditions imposed 297Refund of money if scheme plan revoked or lapses 297ARefund of money and return of land where development does not proceed 298Valuation of land or of work done 299Objection to decision relating to developments 300Appeals to Planning Tribunal 301Appeal against determination of valuer 302Work may begin pending decision on objection or appeal 303Completion certificate 304Bonds 305Survey plan may be submitted to council for approval 306Survey plan to be deposited 306AVesting of land in council in respect of a development 307Agreement to sell land or building before deposit of plan 308Plan approved subject to amalgamation or transfer of allotments 309Plan approved subject to grant or reservation of easements 310Contravention not to affect title to land 311Offences 312Savings as to previous approvals 313Code of urban subdivision 314Registration of company leases and cross leases

Part 21:
Roads (other than regional roads), service lanes, and access ways

315Interpretation 316Property in roads 317Control of roads 318Control and maintenance of boundary roads 318ATransfer of responsibilities between regional councils and territorial authorities

Formation, alteration, stopping, and closing of roads

319General powers of councils in respect of roads 319ANaming of roads 319BAllocation of property numbers 320Powers relating to roads 321Road access 321ARoading contributions as condition of approval of scheme plan 322Land for road formation or widening 323Unformed roads in the district 324Council may contribute to cost of formation, maintenance, etc, of roads outside the district 324APower to carry out works on Maori roadway 325Road widths 326Betterment arising from creation or widening of a road 327Building-line restrictions 327ABuilding-line restrictions 328Building-line restrictions provided in district scheme 329Road gradients 330Road levels 331Footpaths and channels 332Cycle tracks 333Dividing strips, etc 334Erection of monuments, etc, and provision of facilities on or under roads 334ACouncil may light roads, etc 335Vehicle crossings 336Pedestrian malls 337Alteration of pipes and drains 338Council may grant right to lay conduit pipes along or under road 339Transport shelters 340Motor garages 341Leases of airspace or subsoil of roads 341AContribution to cost of railway, subway, or bridge 342Stopping and closing of roads 342ATemporary closing of roads by Police 343Consumption or possession of intoxicating liquor in roads closed for public function or gathering 344Gates and cattle stops across roads 345Disposal of land not required for road

Limited access roads

346Interpretation 346ADeclaration and revocation of limited access roads 346BProvisions of Acts relating to roads to apply to limited access roads 346CRequirements of declaration of limited access road 346DAccess to and from land 346EAuthorisation of crossing places 346FRestricting movement to or from a limited access road 346GLimited access road not a road for purpose of subdivision or sale 346HCertificate of land affected to be forwarded to Registrar-General of Land 346ICompensation 346JOffences

Private roads and private ways

347Grades and formation of private roads 348Powers of council with respect to private roads and private ways 349Council may declare private road or right of way to be public road 350Penalty for laying out private road or private way in contravention of this Act 351Illegal private road or private way not to be registered 352Conditions to be noted on title by Registrar-General of Land

Safety provisions as to roads

353General safety provisions as to roads 354Construction of cellar or making any excavation in vicinity of road 355Council may require removal of overhanging trees, etc 356Removal of abandoned vehicles from roads 356AFurther provision in relation to removal of vehicles from roads 356BRelationship between section 356 and section 356A 357Penalties for damage to roads

Contracts and leases relating to ferries

357ALeasing powers of council with respect to ferries

Privately constructed bridges and ferries

358Privately constructed bridges and ferries 359Regulations for maintenance and use of privately constructed bridges and ferries 360Minister may delegate powers to council

Tolls at bridges, tunnels, and ferries

361Establishment or abolition of toll gates at bridges, tunnels, and ferries

Part 22:
Regional roads

362Interpretation 363Power to declare regional roads 364Constituent authority may request council to declare regional road 365Objections to proposed regional roads 366Powers of council in relation to regional roads 367Objections to intention to commence formation, or upgrading of regional road 368Power to delegate 369Revocation of a regional road 370Appeals 371Limited access regional roads 372Bylaws 373Road improvement land 373ASubsidies under National Roads Act 374Regional motorways

Part 23:
Water supply by territorial authorities

375This Part to be subject to Resource Management Act 1991 and Health Act 1956 376Interpretation and application 377Constitution of water supply areas

Powers of council in regard to waterworks

378Control of source of water supply 379Council may construct or purchase waterworks 380Special provisions as to waterworks beyond the district

Supply of water

381Council may contract for water supply 382Persons supplied with water to prevent waste 383Notice of removal of water pipes to be given to council 384Advances to property owners for water connections

Supply to persons outside district

385Supply of water outside district 386Discontinuance of supply of water outside district 387Charge for water to residents of area added to district in certain cases

Use of water for motive power

388Council may use water from waterworks for motive power 389Surplus water may be sold for motive power 390Discontinuance of supply of water for motive power

Protection of water and waterworks

391Drawing off water from waterworks 392Pollution of water supply 393Factories, etc, may be examined 394Diversion of water from waterworks in case of flood 395Offences with respect to waterworks 396Offences with respect to water meters 397Council may stop supply of water in certain cases

Part 24:
Regional water supply

398This Part to be read subject to Resource Management Act 1991 and Health Act 1956 399Interpretation 400Council may supply water to constituent authorities 401Council may construct or purchase waterworks 402Local authorities and other bodies to be notified of work 403Use of water for motive power 404Surplus water may be sold for motive power 405Discontinuance of supply of water for motive power 406Council may contract for water supply 407Drawing off water from waterworks 408Offences with respect to water supply 409Pollution of water supply 410Factories, etc, may be examined 411Diversion of water from waterworks in case of flood 412Allocation of supply of water to constituent authorities 413Appeals relating to supply of water 414Council may operate constituent authority's waterworks 415Supply of water to consumers outside the region 416Supply of water to territorial authority 417Discontinuance of supply of water outside region 418Charges for water supplied to constituent authority 419Surcharges for exceeding allocations 420Payment of charges and surcharges

Part 25:
Water races

420AApplication of Part 25 421This Part to be subject to Resource Management Act 1991 422Interpretation

Water race areas

423Constitution, alteration, and union of water race areas 424Subdivision of water race areas 425Water race map

Powers of council as to water races

426General powers of council as to water races 427Discontinuance of water race 428Council may sell disused water race 429Water channel may be declared a water race 430Council may stop supply of water in certain cases 431Compensation 432Appointment of managing ratepayers

Water races outside district

433Exercise of powers outside district 434Supply of water outside district 435Discontinuance of supply of water outside district

Provisions for the protection of water races

436Drawing off water from streams supplying water race 437Offences with respect to water races 438Pollution of water races

Bylaws

439Bylaws as to water races

Part 26:
Sewerage and stormwater drainage by territorial authorities

440This Part to be subject to Resource Management Act 1991 441Interpretation and application

Powers of council in respect of sewerage and stormwater drainage

442Council may make provision for drainage of district 443Constitution of urban drainage areas 444Drainage map 445Council may construct drains 446Council may cover in watercourse so as to make it a public drain 447Betterment contributions where watercourse covered in 448Stormwater may be led into watercourses 449Channels for stormwater 450Council may make dams, etc, in watercourses 451Diversion, etc, of drainage works 452Council may treat and deal with sewage

Powers of council as to drainage outside district

453Council may construct drainage works outside district 454Construction and repair of drainage works outside district 455Council may agree to use drainage works under control of other local authority 456Council may drain areas outside district 457Discontinuance of drainage outside district 458Rate for drainage in areas added to district

Private drains

459Council may require owners of land in certain cases to provide private drains 460Construction of private drains through adjoining premises 461Further provisions with respect to private drains 462Council may declare private drain to be public drain

Money payable by owners and occupiers

463Advances by council to owners in respect of cost of drainage connections 464Owner may recover proportion of cost of drainage connections from tenant under a lease with not less than 3 years unexpired 465Money payable to council in respect of drainage to be a charge on land 466Advances to property owners for clearing or covering in watercourses

Drain protection and protective works

467Unlawful connection of private drain 468Tree roots obstructing public drains 469Council may construct protective works to prevent damage by flood

Part 27:
Regional drainage

470This Part to be subject to Resource Management Act 1991 471Interpretation 472Council may undertake regional drainage in constituent district 473Council may undertake drainage in district of local authority 474General powers of council 475Regional drainage map 476Council may treat and deal with sewage 477Construction of drains on or under roads, etc 478Diversions, etc, of drain 479Watercourses 480Council may charge for regional drainage 481Instalments of charges for regional drainage 482Payment of charges 483Powers to permit constituent authorities to connect drains 484Connection of drains outside region 485Reticulation work 486Operation of drainage works

Offences

487Unlawful interference with drains

Part 28:
Trade wastes

488This Part to be subject to Resource Management Act 1991 489Interpretation 490Councils may undertake trade wastes disposal 491Powers of local authorities to make trade wastes bylaws 492Making of trade wastes bylaws 493Offences against trade wastes bylaws 494Restrictions on rights of local authority to charge in respect of treatment or reception of trade wastes 495Appeal from assessment of charges 496Hearing and determination of appeal 497Trade wastes bylaws may be relaxed in certain cases 498Discharge of sewage into sewerage drain in accordance with bylaws not to constitute offence 499Right to discharge trade wastes into sewerage drains 500Agreements as to disposal of trade wastes 501Local authority may enter into agreements for disposal of sewage and trade wastes

Powers of local authority as to trade wastes disposal outside district

501ALocal authority may construct trade wastes disposal works outside district 501BConstruction and repair of trade wastes disposal works outside district 501CLocal authority may agree to use trade wastes works under control of other local authority 501DLocal authority may deal with trade wastes from areas outside district 501EDiscontinuance of trade wastes system outside own district

Part 29:
Land drainage and rivers clearance

501FApplication of Part 29 502This Part to be subject to Resource Management Act 1991 503Interpretation

Land drainage areas

504Declarations in relation to drainage areas 505Procedure for demanding poll 505APoll on proposed declaration 505BPetition to make declaration 505CRelevant area for polls and petitions 506Subdivision of areas

Control of drainage channels and land drainage works

507Existing drainage channels may be brought under this Part 508Repeal of special Act

Powers of councils with respect to land drainage

509Powers of council as to drainage channels and land drainage works 510Inspection of private dams, etc

Removal of obstructions from drainage channels and watercourses

511Removal of obstructions from drainage channel or watercourse 512Power to require council to order removal of obstructions 513Order of court on application under section 511 or section 512 514Council may make advances to owners 515Removal of obstructions in watercourses outside the district

General provisions

516Exercise of powers on roads and public works not under control of council 517Bylaws for protection of land drainage works

Part 29A:
Divestment of land drainage schemes and water race schemes

517AThis Part subject to Resource Management Act 1991 and Soil Conservation and Rivers Control Act 1941 517BInterpretation 517CPurposes of this Part 517DObligation of local authority to facilitate purposes

Transfer petitions and transfer proposals

517EInitiation of transfer 517FDuty of local authority upon receipt of transfer petition and transfer proposal 517GSignatures to transfer petition 517HProposer 517IContents of transfer proposal 517JService of transfer proposal 517KRight to object to transfer proposal 517LNotice of right to object 517MContents of notice of right to object 517NLodging of objections 517OService of copies of objections 517PNotification by local authority of receipt of objections 517QProcedure where transfer proposal not required to be forwarded to Commission 517RObligation of local authority to effect transfer 517SProcedure on receipt of objections 517TDuty of Commission to consider objections 517URelevant criteria 517VNotice of Commission's determination 517WModification of support for transfer proposal

Transfer plan

517XProcedure after determination 517YObligation of local authority to effect transfer

Implementation of transfer plan

517ZTransfer by local authority of scheme assets and scheme liabilities 517ZAFurther provisions relating to transfer of scheme assets and scheme liabilities 517ZBRates and charges payable for proportionate part of year in certain circumstances 517ZCRights of entry 517ZDRegistration of rights 517ZETransfer of existing easements, etc 517ZFTransfer of water permits 517ZGTransfer of land 517ZHSection 11 and Part 10 of Resource Management Act 1991 and Part 21 of this Act not to apply 517ZIActivity permitted as of right 517ZJRevocation of resolutions constituting drainage areas and water race areas 517ZKPower of local authority to enter into contracts with scheme owners 517ZLPower to repair or maintain land drainage schemes and water races 517ZMPower of territorial authority to reconstitute land drainage or water race areas

Part 30:
Supply of energy

518Interpretation

Supply of energy by territorial authorities

519Territorial authority may light roads, etc, with energy 520Supply of energy 521Gas reticulation 522Powers in respect of supply of energy 523Territorial authority may contract with other persons for lighting of roads and for supply of energy 524Territorial authority may install, purchase, or sell fittings and equipment 525Supply of energy to persons outside the district 526Works for supply of energy to vest in territorial authority 527Consumer to supply fittings 528Offences with respect to meters 529Territorial authority to fix price of energy 530Territorial authority may cut off supply of energy 531Recovery of energy charges 532Electricity or gas company may sell works to territorial authority 533Grants and advances to owners and occupiers for energy related purposes 534When advance not to be a charge on land 535Savings of agreements

Supply of energy by regional councils or united councils

536Regional council or united council may undertake regional energy supply 536ARegional energy planning committee

Agreements for supply of energy

536BTerritorial authority, regional council, or united council may enter into arrangements with other bodies for the supply of energy

Part 31:
Waste management

537Interpretation 538Duty of territorial authority to encourage efficient waste management 539Waste management plan 540Powers in respect of waste management 540ACollection and disposal of waste 541Waste management operations and facilities 542Bylaws 543Grants 544Allocation of costs

Regional refuse collection and disposal

545Meaning of council 546Council may operate refuse collection and disposal services 547Powers of council in respect of refuse collection and disposal service 548Use of regional refuse disposal works by local authorities outside region

Part 32:
Land development for housing, commercial, and industrial purposes

549Interpretation 549AUnited council and regional council may only act under this Part in response to developments for which it may determine development levy

Development of land for housing

550Council may acquire land for housing 551Council may subdivide land 552Council may erect or purchase or convert houses 553Erection of flats and sale of flats 554Council may sell or lease houses and building sections 555Provisions as to leases 556Leasehold-purchase schemes 557Leases to employees of council may be by private contract 558Repayment of advances and purchase money 559Council may decline to sell or lease without giving reasons 560Sale or lease of land for housing 561Council may sell or lease surplus land 562Accounting of proceeds of sale or lease of building allotments

Advances to financial institutions and guarantees of housing loans

563Advances by council towards loans for housing purposes 564Guarantees by council of portions of mortgages granted for housing purposes 565Power of council to guarantee loans for erection of flats 566Council may guarantee certain replacement mortgages 567Provisions affecting mortgages 568Mortgages securing premium instead of interest 569Mortgages of leases 570Extending lending powers of financial institutions 571Insurance fund

Commercial and industrial development

572Development, sale, or lease of land and buildings for commercial or industrial purposes

Miscellaneous provisions

573Validity of documents and resolutions 574Borrowing powers of council 575Registration of agreements for sale

Part 33:
Farming and afforestation

Farming

575AInterpretation 575BRegional councils 576Power to undertake farming operations

Forestry

577Power to establish, tend, and utilise forests 578Management plans 579Licences to take forest produce 580Permits for temporary occupation 581Licences for grazing and other purposes 582Improvements effected by licensee 583Forfeiture of licences and permits 584Grants for research 585Grants for destruction of pests or weeds 586Forest bylaws

Part 34:
Public services

Conveyance of passengers and goods

586AInterpretation 587Territorial authority may establish services for conveyance of passengers and goods 588Territorial authority may establish ferry services 589Person carrying on transport or ferry service may sell undertaking to territorial authority

Vehicle-testing stations

590Vehicle-testing stations

Parking places and buildings and transport stations

591Provision of parking places and buildings and transport stations 591ABylaws as to parking places and transport stations 592Territorial authority may guarantee loans for parking buildings or parking spaces

Information centres and public relations offices

593Council may operate information centres and public relations offices

Public relations and public information

593APower of regional council to engage in public relations and public information activities

Promotion of tourism

593BTourism

Camping ground accommodation

594Council may operate camping grounds, cabins, huts, and motels

Part 34A:
Local authority trading enterprises and divestment of undertakings

594ACommencement 594BDefinition of local authority trading enterprise 594CTransfer of existing undertaking to local authority trading enterprise where local authorities have majority interest 594DTransfer of existing undertaking to local authority trading enterprise or other entity in which local authority will not have majority interest 594EProhibition on transfer of regulatory functions 594FReduction of interest in local authority trading enterprise 594GListing on Stock Exchange only after special consultative procedures followed 594HAbility to hold equity securities in local authority trading enterprises

Establishment procedures

594IEstablishment units 594JFunction of establishment units 594KEstablishment plan 594LApplication of Local Government Official Information and Meetings Act 1987 594MEstablishment unit where more than 1 local authority involved 594NPower of establishment unit in relation to divestment plan 594OPower of local authority in relation to divestment of undertakings 594PEffect of establishment unit determinations and recommendations

Principal objective of local authority trading enterprise

594QPrincipal objective to be successful business 594QAScope of operation of local authority trading enterprises that are passenger transport companies or that may receive payments for land transport related projects 594RDirectors and their role

Statement of corporate intent

594SStatement of corporate intent 594TContents of statement of corporate intent 594UCompletion of statement of corporate intent 594VModifications of statement of corporate intent 594WObligation to make statement of corporate intent available 594XCircumstances in which statement of corporate intent not required 594YSavings of certain transactions 594ZReports and accounts 594ZAProtection from disclosure of sensitive information 594ZBPublic availability of documents 594ZCAuditor-General to be auditor of local authority trading enterprises and subsidiaries 594ZDApplication of Act to related and associated companies

Transfers of undertakings

594ZETransfer of leases, licences, etc, to local authority trading enterprises 594ZFModification of provisions of Public Works Act 1981 594ZGObligation to lodge caveat 594ZHExclusion of Public Bodies Leases Act 1969 594ZILiabilities in respect of undertakings 594ZJCertain matters not affected by transfer of undertaking to local authority trading enterprise 594ZKConsequential provisions on transfer of undertaking to local authority trading enterprise 594ZLStamp duty exemption 594ZMApplication of Income Tax Act 1994 and Goods and Services Tax Act 1985 594ZNUses deemed to be permitted uses 594ZOExclusion 594ZPProhibition on guarantees, etc 594ZPARestriction on lending to local authority trading enterprise

Part 34B:
Transport-related enterprises and divestment of undertakings

594ZQInterpretation 594ZRLocal authority not to conduct passenger transport operation 594ZSDirectors of passenger transport companies, etc 594ZTPassenger transport companies incorporated before commencement of this Part 594ZURegional council not to have interest in passenger transport undertaking or operation 594ZUAUnitary authority not to have interest in passenger transport undertaking or operation after 30 June 1992 594ZVDivestment units 594ZWFunction of divestment units 594ZXDivestment plan 594ZYSale to territorial authorities 594ZZApplication of Local Government Official Information and Meetings Act 1987 594ZZADetermination and approval of regional council divestment plan 594ZZBPassenger transport interests, undertakings, and operations to be sold 594ZZCDuty to act in furtherance of objects of this Part 594ZZDRegional council not to enter into contracts 594ZZEPublic availability of documents 594ZZFFinancial assistance from National Roads Account suspended 594ZZGFinancial assistance to be identified 594ZZHRepayment of financial assistance 594ZZIControl of local authority powers in relation to passenger transport operations 594ZZJSupply of information 594ZZKUses deemed to be permitted uses

Part 35:
Public health and well-being

595General powers of territorial authority with respect to public health and well-being 596Particular powers of territorial authority with respect to public health and well-being 597Medical practitioners' surgeries

Part 36:
Recreation and community development

597AInterpretation 598Council may promote community welfare 599Council may maintain public baths, swimming baths, and bath houses 600Public baths, swimming baths, and bath houses to be subject to bylaws 601Powers of council in relation to recreation and community development 601APowers of council in relation to historic land or buildings 602Information services 603Entertainments on Sunday, Good Friday, or Christmas Day

Community centres

604Interpretation 605Council may provide or contribute towards establishment and maintenance of community centres 606Community centre areas 607Joint community centre area 608Control and management of community centre 609Finance 610Electors may petition for and participate in poll relating to uniform fee for community centre 611Charge on certain rateable property 612Fee or charge in respect of dwelling units owned by Crown 613Bylaws 614Community centre area a defined part of district 615Powers conferred by other Acts not affected

Boat havens

616Construction or maintenance of boat haven

Local and regional reserves

617Council may borrow for improvement of public reserves managed and controlled by it 618Surplus money appropriated for any reserve may be expended on other reserves 619Powers of Wellington Regional Council in relation to regional parks and reserves 619AAuckland catchment land 619BAuckland regional parks and reserves 619CWellington regional parks 619DManagement plans for regional parks 619EContents of management plans 619FPublic notice of preparation of first management plan 619GPublic notice of draft management plan 619HObligation to consider submissions and make amendments 619IReview and change of management plans

Tree planting, gardens, and lawns

620Council may expend money for tree planting 621Gardens and lawns

Part 37:
Buildings

622Council defined

Dangerous, deserted and dilapidated buildings

623Powers of council with respect to dangerous, deserted, ruinous, and dilapidated buildings 624Powers of council with respect to buildings likely to be dangerous in moderate earthquake 625Appeal to High Court 626Cost incurred to be a charge on land

Buildings for public meetings

627Interpretation 628Buildings for public meetings, etc, to be licensed and inspected 629Register of licensed buildings 630Inspection of licensed buildings 631Passages in and exits from licensed public buildings to be kept clear 632Regulations for protection of public from danger from fire or other emergency in theatres, etc 633Cancellation or suspension of licence 634Penalty for using unlicensed building 635Further provisions with respect to licensing of buildings for public meetings, etc

Apartment buildings and residential institutions

636Apartment buildings and residential institutions to be licensed 636AInspection of residential institution where disabled person resides

Fire prevention and safety in factories

636BInterpretation 636CApplication to the Crown 636DFactories to have fire safety certificates 636EChanges to factory premises, staffing, or activities after fire safety certificate issued 636FOccupier of factory to maintain means of escape and fire alarm system 636GProvision of fire-fighting equipment 636HPowers of entry and inspection to ensure compliance with fire bylaws and requirements 636IObjections against notices or requirements 636JAppeals against notices or requirements 636KNotices served by council to be suspended pending determination of appeal 636LOffences 636MPenalties 636NPower to order contravention to be remedied 636OProcedure relating to offences 636PFire safety certificates issued under Factories Act 1946 to continue in force

Preventing overcrowding

637Overcrowding of buildings 638Illegal occupation of building 639Removal of building illegally erected, etc

Miscellaneous provisions

640Design and construction of buildings to resist earthquake shocks 641Refusal of building permit 641APower to issue building permit where land subject to erosion, subsidence, slippage, or inundation 641BGiving of security 641CObjections and appeals 641DNotification to the Crown 642Temporary buildings 643Permit for erection of building on 2 or more allotments 644Thermal insulation of new residential buildings

Part 38:
Urban renewal

644AInterpretation 644BCouncil may undertake urban renewal 644CNotice of urban renewal to be given 644DProvisions as to subdivisions and development to be complied with 644EAdvances by council to owners 644FAcquisition of land by council where house unfit for habitation or area below minimum

Part 39:
Prevention of fires

645Council defined 646Fire prevention 647Fire hydrants 648Pipes to be kept charged with water 649Council to make bylaws in respect of prevention of spread of fires involving vegetation 650Removal of scrub, etc, likely to constitute a fire hazard

Part 39A:
Navigation

650ACouncils may carry out harbour works 650BAppointment of harbourmasters, enforcement officers, and honorary officers 650CGeneral powers of harbourmasters and enforcement officers 650DHarbourmaster may remove ships 650EHarbourmasters and others may regulate some navigation activities 650FApplication of section 710 and other requirements 650GOffence 650HFreedom of passage for officers of Customs, etc 650ICrown harbours and facilities 650JDelegation or transfer of council's functions, duties, or powers under this Part

Wreck

650KRemoval of wreck

Part 40:
Miscellaneous powers

651Council defined

Markets and weighing machines

652Council may provide market places 653Council may fix market charges 654Recovery of market charges 655Council may provide public weighing machines

Harbour works and navigation

656Powers of council with respect to harbour works to be exercised subject to Harbours Act 1950

Telegraphs, telephones, and electric lines

657Telegraphs and telephones 658Underground telephone and electric lines

Miscellaneous provisions

659Council may sell coal, coke, and firewood 660Road metal and lime 661Stock dips 662Stock paddocks 663Council may install, light, and maintain public clocks 664Council may contribute towards cemeteries and crematoria not vested in council 664ARegional councils may contribute to works of constituent authorities

Part 41:
Functions and powers of district community councils and community councils

665Functions and powers of district community councils 666Delegated functions and powers of community councils 667Community council to be a committee of territorial authority 668Powers of territorial authority as to improvement and development works in communities 669Advances and grants for development works in communities

Part 42:
Private works

670Order for execution of private works 671Duties of occupier 672Occupier may act if owner of premises makes default 673Council may agree with owner to execute drainage and other works on private land 674Advances by council to land owners to meet emergency expenditure 675Grants and advances for conversion of domestic fires or installation of electric domestic heating 675ACouncil may advance to owner of premises in clean air zone cost of installing electric domestic heating 676Council may execute works on default by owner or occupier 677Recovery of cost of works by council 678Amounts payable in respect of private land

Part 43:
Bylaws

679This Part to be subject to Bylaws Act 1910 680Application of Part 43 681Procedure for making bylaws 682General provisions as to bylaws 683Penalty for breach of bylaws 684AACertain provisions of Local Government Act 2002 to apply to bylaws made under this Act 684Subject matter of bylaws 684AEffect of Building Act 1991 on bylaws

Navigation bylaws

684BBylaws relating to navigation and related activities 684CNavigation bylaws not to affect port operations 684DNo marine pollution charges 684EGeneral provisions relating to navigation bylaws 684FCouncil must consult Director 685Licences to hawkers and pedlars 686Bylaws as to billiard rooms, amusement galleries, and shooting galleries 687Enforcement and administration of regional bylaws 688Metric conversions of bylaws 689Council to provide copies of bylaws 690Power to join with other bodies to make bylaws 690APrescription of fees by bylaw or by resolution 691Regulations applying to outlying islands not included in district of territorial authority 692Removal of works executed contrary to bylaws

Part 43A:
Commissioner for Disaster Recovery

692AInterpretation 692BCommissioner for Disaster Recovery 692CDeputy Commissioner for Disaster Recovery 692DFunctions of Commissioner 692ECommissioner to exercise and perform powers, functions, and duties of local authority 692FPowers, functions, and duties of Deputy Commissioner 692GCommissioner and Deputy Commissioner not to be personally liable 692HLocal authority and members not to act while Commissioner in office 692IAppointment and function of advisory committee 692JAdvances and guarantees of advances to Commissioner 692KRemuneration and expenses

Part 43B:
Ministerial reviews of local authorities

692LInterpretation 692MPower of Minister to initiate review 692NRequirement to consult 692ODecision in relation to reviews 692PAppointment of review authority 692QNotice of review to be published in Gazette 692RRemuneration 692SProcedure 692TAction on receipt of report 692UImplementation of recommendations 692VMinister may provide for implementation of recommendations 692WImplementation of recommendations for appointment of commission 692XMembership of commission 692YPowers of commission 692ZGeneral provisions relating to commission 692ZAMembers not to act while commission in office 692ZBPublication of report

Part 43C:
Removal orders

Application for removal order

692ZCInterpretation 692ZDApplication for removal order 692ZEEvidence of convictions 692ZFForm of removal order

Objection to removal order

692ZGNotice of objection 692ZHVexatious objections 692ZICourt may confirm, vary, or discharge order 692ZJAppeal to High Court final

Compliance with removal order

692ZKCompliance with removal order 692ZLNo civil proceedings against person executing removal order

Miscellaneous provisions

692ZMRelationship with Fencing Act 1978 692ZNRules of court

Part 44:
Offences and legal proceedings

Offences

693Obstruction of member or officer or agent of council 694Wilful or negligent destruction of or damage to works or property 695Recovery of amount of destruction, damage, etc, to works or property 695ARemoval of fences, structures, and vegetation 696Coat of Arms 697Default in compliance with Act, or direction given pursuant to Act 698General penalty 699Time for filing charging document 699AInfringement offences relating to navigation bylaws 699BCommission of infringement offence 699CInfringement notices 699DEntitlement to infringement fees

Legal proceedings

700Judges, District Court Judges, and Justices not disqualified as being ratepayers 701Proceedings in District Court, etc 702Service of legal proceedings on council 703Valuation roll to be evidence as to owner or occupier 704Evidence that works or property vested in or under control of council 705Recovery of debts 706Members may be required to pay costs of proceedings in certain cases

Recovery of losses incurred by local authorities

706AReport by Auditor-General on loss incurred by local authority 706BLocal authority to respond to Auditor-General 706CMembers of local authority liable for loss

General provisions

707Council may make compositions

Part 44A:
Special provisions applying to Auckland Regional Authority

707AApplication of provisions to Auckland Regional Council 707AAResidual powers of Auckland Regional Council 707BInterpretation 707CMembership of Auckland Regional Authority 707DAuckland Regional Authority elections 707EExtraordinary vacancies 707FCompilation of electoral roll 707GRoll to be available for public inspection 707HApplication for registration as a parliamentary elector 707ICompletion of roll 707JAmendments to roll 707KWhen roll in force 707LProof of roll 707MRoll for by-elections

Part 44B:
Auckland Regional Services Trust

707NInterpretation

Auckland Regional Services Trust

707OConstitution of Trust 707PEstablishment of Trust

Transfer of specified assets and specified liabilities to Trust

707QPreparation of plan for vesting of specified assets and specified liabilities in Trust 707QASpecial provisions in relation to transfers of assets and liabilities to Watercare Services Limited and Regional Forests Limited 707QBProhibition on sale or other disposition of water services assets and shares in Watercare Services Limited 707RVesting of assets and liabilities in Trust 707SCertain matters not affected by transfer of specified assets or specified liabilities to Trust 707TProvisions relating to transfer of specified assets and specified liabilities to Trust 707UTransfer of regulatory powers not authorised 707UADivestment of assets in transport-related enterprises to be subject to Part 34B 707VStamp duty exemption 707WTaxation 707XTaxes and duties 707YUses deemed to be permitted uses 707ZModification of provisions of Public Works Act 1981 707ZAObligation to lodge caveat 707ZBExclusions 707ZCReduction in functions, duties, and powers of Auckland Regional Council 707ZDContinuous service of transferred employees 707ZEMaintenance of conditions of employment 707ZEARestrictions on compensation for redundancy 707ZFWater services 707ZGRefusal disposal sites 707ZHProperties and funds acquired from Auckland Harbour Board 707ZISpecial obligation of Trust in relation to carrying out of its work and functions

Functions of Trust

707ZJFunctions of Trust 707ZJAFunctions in relation to America's Cup 707ZJBManagement of assets 707ZJCObligation of Trust to report annually on assets owned by it 707ZJDPower to dispose of assets 707ZJEEffect of sections 707ZJA to 707ZJD 707ZKTrust to be local authority for certain purposes

Elections

707ZLElection of members of Trust 707ZMFirst election of members

Chief executive

707ZNSpecial provision in respect of appointment by Auckland Regional Council of chief executive of Trust

Accountability and accounting

707ZOConduct of affairs 707ZPAnnual report to public concerning plans 707ZQAnnual report to public concerning performance 707ZRAudit Office to be auditor

Funding

707ZSFunding 707ZTEstablishment costs 707ZUApplication of revenue 707ZVRating for funding of Trust 707ZVAPower of Auckland Regional Council to rate in respect of retained liabilities

Community Trust

707ZWEstablishment of Community Trust 707ZXTrustees 707ZYDisqualification from appointment 707ZZTerm of appointment 707ZZAPurposes of Community Trust 707ZZBFinancial statements 707ZZCTrustees to hold public meeting 707ZZDMatters to be included in trust deed 707ZZETrust deed not to be inconsistent with provisions of this Act 707ZZFApplication of Trustee Act 1956

Achievement of objects

707ZZGDuty to act in furtherance of this Part

Part 44C:
Infrastructure Auckland

Accountability and accounting

707ZZZDConduct of affairs 707ZZZEAnnual plan 707ZZZFAnnual policy in relation to grants 707ZZZGAnnual report 707ZZZHExemption for listed companies

America's Cup

707ZZZIFunctions in relation to America's Cup 707ZZZJObligation to report annually on assets 707ZZZKPower to dispose of shares

Dissolution of Auckland Regional Services Trust

707ZZZLDissolution of Auckland Regional Services Trust 707ZZZLATransfer of money subject to trust 707ZZZMTaxes and duties 707ZZZNModification of provisions of Public Works Act 1981 707ZZZOObligation to lodge caveat 707ZZZPEmployees 707ZZZQFinal accounts of Auckland Regional Services Trust 707ZZZRVesting of shares in Watercare Services Limited 707ZZZSWater services 707ZZZTAuckland Regional Council allowed certain deductions for tax purposes 707ZZZUExpiry

Dissolution of Regional Treasury Management Limited

707ZZZVDissolution of Regional Treasury Management Limited 707ZZZWFinal accounts of Regional Treasury Management Limited 707ZZZXTaxes and duties

Miscellaneous provisions

707ZZZYCertain matters not affected by this Part 707ZZZZProvisions relating to vesting of assets and liabilities in Infrastructure Auckland 707ZZZZARegisters

Transitional provisions

707ZZZZBInitial membership of Infrastructure Auckland 707ZZZZCMembership of Infrastructure Auckland in period beginning on 1 July 1999 and ending with 31 December 1999 707ZZZZDMembership of Infrastructure Auckland in period beginning on 1 January 2000 and ending with 30 June 2001 707ZZZZEPower to resign 707ZZZZFExtraordinary vacancies 707ZZZZGChairperson of Infrastructure Auckland

Part 44D:
Westport Harbour

707ZZZZHHarbour assets vested in Buller District Council

Part 45:
Miscellaneous provisions

Works on private land

708Works on private land 708APower of entry 709Examination of appliances and equipment

Prohibition of vehicles and consumption or possession of liquor in public places

709AProhibition of vehicles and consumption or possession of intoxicating liquor in public place 709BInterpretation 709CFurther power to prohibit vehicles and liquor in public places 709DExceptions to prohibition for residents and their visitors 709EExceptions to prohibition for licensed premises 709FPublic notice 709GOffences 709HPowers of arrest, search, and seizure

General provisions

710Authority to act 711Penalty for acting without warrant 712Resignations from office 713Chairman compellable to give information 714Delegation of Minister's or Secretary's powers 715Delegation of powers by council 716Delegation of powers by officers 716ASpecial consultative procedure

Special orders

716BSpecial orders 716CEvidence of special order 716DTime within which proceedings to quash special order must be commenced 717Application of provisions to Auckland Regional District 718Application of Act to County of Fiord 719In certain cases Governor-General may validate proceedings or may extend time for doing anything 720Misnomer, etc, not to prevent operation of Act 721Appointment of person to exercise powers and functions of council 722Annual report 723Regulations 724Application of Act to Crown 725Consequential amendments 726Repeals, revocation, and savings

Schedule 1A:
Classes of local authorities for the purposes of sections 214 to 214M

Schedule 2:
Matters which (where applicable) Local Government Commission shall provide for in scheme in addition to matters specified in section 35(1)

Schedule 3:
Payments on transfer of trading undertaking from a territorial authority to a regional or united council

Schedule 3A:
Provisions relating to Commission

Schedule 3B:
Provisions for giving effect to reorganisation schemes

Schedule 4:
Declaration by mayor or chairperson or member

Schedule 4A:
Classes of local authorities for the purposes of Part 4C

Schedule 5:
Procedure for classification of lands for purposes of making and levying water race or rural drainage rates

Schedule 5A:
Form relating to lump sum contributions

Schedule 6:
Scales of local authorities fuel tax

Schedule 8:
Notice of imposition or alteration of local authorities fuel tax

Schedule 9:
Tenders and contracts

Schedule 10:
Conditions as to stopping of roads and the temporary prohibition of traffic on roads

Schedule 11:
Width of roads, access ways, and service lanes

Schedule 13:
Conditions of fixing levels of roads

Schedule 14:
Provisions as to constructing or maintaining waterworks, drainage works, trade wastes systems, and drainage channels, and laying gas pipes or electricity cables, and erecting poles on roads and works not under the control of the council

Schedule 15:
Conditions as to use of buildings for public meetings, and for other purposes

Schedule 16:
Conditions of constructing or undertaking works on private land

Schedule 17:
Acts under which functions, powers, and duties are conferred or imposed on Minister of Local Government and Secretary for Local Government

Schedule 17A:
Provisions relating to Auckland Regional Services Trust

Schedule 17B:
Provisions relating to Infrastructure Auckland

Schedule 18:
Enactments amended

Schedule 19:
Enactments repealed

Local Government Act 1974

Mayor, chairman, and members of councils - Disqualification of members of councils, and filling of extraordinary vacancies

98: Extraordinary vacancies on district community councils and community councils

You could also call this:

"Filling empty spots on local community councils"

Illustration for Local Government Act 1974

If you look at the law about local government, you will find a section that used to be about filling empty spots on district community councils and community councils. This section is called section 98 and it was part of the Local Government Act 1974. You can find more information about what happened to this section by looking at the Local Government Amendment Act (No 2) 1989, which changed the law on 1 November 1989.

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This page was last updated on 10 September 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM417634.

Topics:

Government and voting > Local councilsHousing and property > Land use

97: Disqualification of members of councils other than united councils, or

"Who can't be on some local councils in New Zealand"

99: Vacancies in membership of united council, or

"What happens when someone leaves a united council position"

Part 4Mayor, chairman, and members of councils
Disqualification of members of councils, and filling of extraordinary vacancies

98Extraordinary vacancies on district community councils and community councils (Repealed)

Notes

Section 98: repealed, on 1 November 1989, by section 12(2) of the Local Government Amendment Act (No 2) 1989 (1989 No 29).