Local Government (Water Services Preliminary Arrangements) Act 2024

Alternative requirements and additional powers - Alternative requirements

60: Alternatives to requirements in Local Government Act 2002

You could also call this:

"Some rules in the Local Government Act 2002 can be replaced with alternative rules for territorial authorities"

If you are a territorial authority, you can follow alternative requirements instead of some rules in the Local Government Act 2002. You can find these alternative requirements in sections 61 to 64. When you follow these alternative requirements, you do not have to follow the corresponding rules in the Local Government Act 2002.

You still have to follow other relevant rules in the Local Government Act 2002, such as the rules in sections 77(1)(c), 81, and 82.

If you choose not to follow an alternative requirement, you must follow the corresponding rule in the Local Government Act 2002. Also, if you follow an alternative requirement, section 76 of the Local Government Act 2002 does not apply to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS964523.


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Part 3Alternative requirements and additional powers
Alternative requirements

60Alternatives to requirements in Local Government Act 2002

  1. When a territorial authority complies with an alternative requirement specified in sections 61 to 64, it need not comply with the corresponding requirement in the LGA2002.

  2. However, except as specified in this Part, all other relevant requirements in the LGA2002 continue to apply. For example, the requirements in sections 77(1)(c), 81, and 82 of the LGA2002 continue to apply.

  3. In the circumstances described in section 58(a)(i), a territorial authority may decide to rely on none, any, or all of the alternative requirements set out in sections 61 to 64.

  4. A territorial authority that does not rely on an alternative requirement must comply with the corresponding requirement in the LGA2002.

  5. Section 76 of the LGA2002 does not apply to the extent that a territorial authority complies with an alternative requirement.