Waste Minimisation Act 2008

Responsibilities of territorial authorities in relation to waste management and minimisation - Bylaws

57: Crown bound by bylaws

You could also call this:

"The government must follow local rules, but can be exempt in special cases."

Illustration for Waste Minimisation Act 2008

The Crown must follow any bylaw made by a territorial authority under section 56. You need to know that the Crown is like the government, and it has to obey these bylaws. The Minister can exempt the Crown from a bylaw if they think it is in the national interest.

The Minister can do this by giving a notice, which is a type of secondary legislation. You can find out more about what secondary legislation is and how it is published by looking at Part 3 of the Legislation Act 2019. This means the notice has to be published in a certain way.

When the Minister gives a notice, it means the Crown does not have to follow a particular bylaw. The Minister can only do this if they are satisfied that it is in the national interest. This is an important decision, and the Minister has to be careful when making it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154634.


Previous

56: Bylaws, or

"Rules made by councils to help manage waste and keep communities clean"


Next

58: Review of bylaws, or

"Checking and updating local rules every 10 years"

Part 4Responsibilities of territorial authorities in relation to waste management and minimisation
Bylaws

57Crown bound by bylaws

  1. The Crown is bound by any bylaw made by a territorial authority under section 56.

  2. However, the Minister may, by notice, exempt the Crown from any bylaw by which it is bound under subsection (1), if he or she is satisfied that the exemption is in the national interest.

  3. A notice under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 57(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 57(3): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).