Local Government Act 1974

Version
as at 1 July 2022
Local Government Act 1974

Public Act 1974 No 66
Date of assent 8 November 1974
Commencement see section 1
Contents
Page
Title 65
1 Short Title and commencement 65
2 Interpretation 65
2A Functions, powers, and duties of Minister of Local Government 76
[Repealed]
2B Secretary for Local Government [Repealed] 76
Part 1
The Local Government Commission
[Repealed]
The Commission
[Repealed]
3 Local Government Commission [Repealed] 77
4 Term of office of members [Repealed] 77
5 Extraordinary vacancies [Repealed] 77
6 Deputies of members [Repealed] 77
7 Deputy chairman [Repealed] 77
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers
under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Department of Internal Affairs.
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Version as at
Local Government Act 1974 1 July 2022
8 Temporary members [Repealed] 77

8A Committees [Repealed] 77
9 Meetings [Repealed] 78
10 Remuneration, allowances, and expenses [Repealed] 78
11 Commission may co-opt specialist advice [Repealed] 78
11A Power of Commission to engage consultants [Repealed] 78
12 Officers of Commission [Repealed] 78
13 Commission to be a commission of inquiry [Repealed] 78
14 Evidence in proceedings before Commission [Repealed] 78
Functions and powers of Commission
[Repealed]
15 Functions of Commission [Repealed] 78
15A Object [Repealed] 79
15B Duty of Commission to prepare final reorganisation schemes 79
[Repealed]
15C Power of Commission to confirm, in respect of any part of New 79
Zealand, the existing system of local government [Repealed]
15D Commission’s obligation to give priority to preparation of final 79
reorganisation schemes [Repealed]
15E Procedures for preparing final reorganisation schemes [Repealed] 79
16 Commission may direct investigations [Repealed] 79
Regional schemes
[Repealed]
17 Regional schemes [Repealed] 79
18 Procedure for preparation of regional schemes [Repealed] 80
19 Holding of public meetings [Repealed] 80
20 Notice of provisional regional scheme [Repealed] 80
21 Objections to provisional regional scheme [Repealed] 80
22 Final regional scheme [Repealed] 80
23 Notice of final regional scheme [Repealed] 80
24 Minister may refer final regional scheme back to Commission for 80
reconsideration [Repealed]
Reorganisation schemes
[Repealed]
25 Matters which may be included in reorganisation schemes 80
[Repealed]
26 Initiation of reorganisation schemes [Repealed] 81
26A Commission may decide not to proceed with proposal [Repealed] 81
27 Commission to endeavour to negotiate agreements [Repealed] 81
28 Electors may request survey to ascertain extent of public 81
opposition to proposal [Repealed]
29 Conduct of survey [Repealed] 81
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1 July 2022 Local Government Act 1974
30 Action to be taken after survey taken [Repealed] 81

31 Fate of proposal after survey [Repealed] 81
32 Public notice of provisional reorganisation scheme [Repealed] 81
33 Objections to provisional reorganisation scheme [Repealed] 81
34 Final reorganisation scheme [Repealed] 82
Matters common to regional and reorganisation schemes
[Repealed]
35 Supplementary provisions for giving effect to schemes 82
[Repealed]
36 Effect to be given to final scheme [Repealed] 82
37 Provisions to be included in Order in Council [Repealed] 82
37A Appeal against determination of Commission [Repealed] 82
37B Exercise of powers conferred by this Part not affected by 82
provisions of other Acts [Repealed]
37C Powers of local authority on which jurisdiction conferred for 82
purposes of scheme [Repealed]
37D Effect of inclusion of district or part thereof in another district 83
[Repealed]
37E Apportionment of assets and liabilities [Repealed] 83
37F Apportionment of loan liabilities [Repealed] 83
37G Apportionment of petroleum tax revenue [Repealed] 83
37H Payment on transfer of trading undertaking [Repealed] 83
37HA Certain matters not affected by transfer of functions, duties, or 83
powers [Repealed]
37HB Registers [Repealed] 83
Annual report
[Repealed]
37I Annual report [Repealed] 83
Part 1A
Purposes and structure of local government
[Repealed]
37J Commencement [Repealed] 84
37K Purposes of local government [Repealed] 84
37L Structure of local government [Repealed] 84
37M Cities [Repealed] 84
37N Unitary authorities [Repealed] 84
37O Regional boundaries [Repealed] 84
37P Territorial authority boundaries [Repealed] 84
37Q Out-districts [Repealed] 84
37R Minister of Local Government to be territorial authority 85
[Repealed]
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37RA Minister of Conservation to have certain powers of regional 85

council and territorial authority [Repealed]
37S Functions of regional councils [Repealed] 85
37SA Further provisions relating to functions of regional councils 85
[Repealed]
37SB Hazardous waste management [Repealed] 85
37SC Transfer of functions, duties, etc [Repealed] 85
37SD Revocation of transfer of functions, duties, etc [Repealed] 85
Auckland regional growth strategy
[Repealed]
37SE Auckland regional growth strategy [Repealed] 85
37SF Copies of regional growth strategy [Repealed] 86
37SG Regional growth forum [Repealed] 86
37SH Consultation [Repealed] 86
37T Functions of territorial authorities [Repealed] 86
Part 2A
Local Government Commission
[Repealed]
37U Commencement [Repealed] 86
37V Local Government Commission [Repealed] 86
37W Functions of Commission [Repealed] 86
37X Commission to report to Minister [Repealed] 86
37Y Membership of Commission [Repealed] 87
37Z Term of office [Repealed] 87
37ZA Deputies of members [Repealed] 87
37ZB Temporary members [Repealed] 87
37ZC Further provisions applying in respect of Commission [Repealed] 87
Part 2AA
Appeals against decisions of Commission
[Repealed]
37ZD Commencement [Repealed] 87
37ZE Appeal against decision of Commission on question of law 87
[Repealed]
37ZF Notice of appeal [Repealed] 87
37ZG Right to appear and be heard on appeals [Repealed] 88
37ZH Orders relating to determination of appeals [Repealed] 88
37ZI Dismissal of appeal [Repealed] 88
37ZJ Appeal in respect of additional points of law [Repealed] 88
37ZK Extension of time [Repealed] 88
37ZL Date of hearing [Repealed] 88
37ZM Restriction on appeals [Repealed] 88
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Part 2B
Initiation of reorganisation proposals
[Repealed]
Reorganisation proposals
[Repealed]
37ZN Matters that may be included in reorganisation proposal 89
[Repealed]
37ZO Initiation of reorganisation proposal [Repealed] 89
37ZP Procedure for initiation of reorganisation proposal [Repealed] 89
37ZQ Contents of reorganisation proposal [Repealed] 89
Criteria
[Repealed]
37ZQA Criteria [Repealed] 89
37ZR Boundaries [Repealed] 89
37ZRA Membership [Repealed] 90
Part 2BA
Consideration of proposals for boundary alterations and
transfer of functions
[Repealed]
37ZS Interpretation [Repealed] 90
37ZT Action required on receipt of reorganisation proposal [Repealed] 90
37ZU Relevant criteria [Repealed] 90
Principal local authority
[Repealed]
37ZV Designation of principal local authority [Repealed] 90
37ZW Duties of principal local authority [Repealed] 90
Submissions
[Repealed]
37ZX Submissions in relation to draft reorganisation scheme 91
[Repealed]
37ZY Power to appoint committee to consider submissions [Repealed] 91
37ZZ Consideration and hearing of submissions [Repealed] 91
Decisions
[Repealed]
37ZZA Decisions in relation to draft reorganisation scheme [Repealed] 91
37ZZB Procedure where no submissions received [Repealed] 91
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Appeals
[Repealed]
37ZZC Appeal against decision of principal local authority [Repealed] 91
37ZZD Notice of appeal [Repealed] 92
37ZZE Right to appear and be heard on appeals [Repealed] 92
37ZZF Orders relating to determination of appeals [Repealed] 92
37ZZG Dismissal of appeal [Repealed] 92
37ZZH Appeal in respect of additional matters [Repealed] 92
37ZZI Extension of time [Repealed] 92
37ZZJ Date of hearing [Repealed] 92
37ZZK Hearing and determination of appeal [Repealed] 92
37ZZL Power to refer appeal back for reconsideration [Repealed] 92
37ZZM Notice of decision on appeal [Repealed] 93
37ZZMA Procedure after appeal [Repealed] 93
37ZZN Provisions pending determination of appeal [Repealed] 93
Similar proposals
[Repealed]
37ZZNA Power to decline to consider reorganisation proposal [Repealed] 93
Part 2BB
Consideration of proposals for new districts
[Repealed]
37ZZO Interpretation [Repealed] 93
37ZZP Minimum populations of districts and regions [Repealed] 93
37ZZQ Duties of principal administrative officer [Repealed] 94
37ZZQA Representative of electors [Repealed] 94
37ZZQB Commission to obtain views [Repealed] 94
37ZZR Commission to prepare draft reorganisation scheme and 94
explanatory statement [Repealed]
37ZZS Consideration of proposal by Commission [Repealed] 94
37ZZSA Power to decline to consider reorganisation proposal [Repealed] 94
37ZZT Referral back of proposal [Repealed] 94
37ZZTA Power to decline resubmitted proposal [Repealed] 94
Reviews
[Repealed]
37ZZTB Reviews [Repealed] 95
37ZZTC Statement of review [Repealed] 95
37ZZTD Public notice of review [Repealed] 95
37ZZTE Submissions on review [Repealed] 95
37ZZTF Requirement to consult [Repealed] 95
37ZZTG Consideration of submissions [Repealed] 95
37ZZTH Inquiries and investigations [Repealed] 95
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37ZZTI Decisions on review [Repealed] 95

37ZZTJ Completion of review [Repealed] 96
37ZZTK Application of Part 2BA with modifications [Repealed] 96
[Repealed]
37ZZU Commission to deal with amended proposal [Repealed] 96
37ZZV Draft reorganisation schemes [Repealed] 96
37ZZVA Power to amend basis of certain rates [Repealed] 96
37ZZVB Power to amend reorganisation schemes [Repealed] 96
37ZZW Explanatory statement [Repealed] 96
37ZZX Commission to give public notice of draft reorganisation scheme 96
and explanatory statement [Repealed]
37ZZY Submissions on draft reorganisation scheme [Repealed] 97
37ZZZ Consideration of submissions [Repealed] 97
37ZZZA Reorganisation scheme [Repealed] 97
37ZZZB Explanatory statement [Repealed] 97
37ZZZC Duty of Commission to give notice [Repealed] 97
37ZZZD Power of proposer to withdraw proposal [Repealed] 97
37ZZZDA Power of Commission to abandon reorganisation scheme or to 97
resolve to conduct review [Repealed]
Polls
[Repealed]
37ZZZE Polls to be held [Repealed] 97
37ZZZF Timing of poll [Repealed] 98
37ZZZG Official result of poll [Repealed] 98
37ZZZH Fate of proposal after poll [Repealed] 98
37ZZZHA Power to decline to consider reorganisation proposal [Repealed] 98
37ZZZI Regulations [Repealed] 98
Expenditure limits
[Repealed]
37ZZZIA Interpretation [Repealed] 98
37ZZZIB Population [Repealed] 98
37ZZZIC Advertising in relation to polls [Repealed] 98
37ZZZID Provision of funding to proposer [Repealed] 99
37ZZZIE Returns of expenditure [Repealed] 99
37ZZZIF Authorisation of advertising [Repealed] 99
37ZZZIG Application [Repealed] 99
Part 2BC
Implementation of reorganisation schemes
[Repealed]
37ZZZJ Implementation of reorganisation schemes [Repealed] 99
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37ZZZK Provisions relating to Orders in Council giving effect to 99

reorganisation schemes [Repealed]
37ZZZL Order in Council may set ward and constituency boundaries 99
[Repealed]
37ZZZM Effect of Orders in Council giving effect to reorganisation 100
schemes [Repealed]
37ZZZN Power to amend basis of certain rates [Repealed] 100
37ZZZO Power to amend reorganisation schemes [Repealed] 100
Miscellaneous provisions
[Repealed]
37ZZZP No compensation payable where function transferred [Repealed] 100
37ZZZQ Certain matters not affected by transfer of functions, duties, or 100
powers [Repealed]
37ZZZR Registers [Repealed] 100
37ZZZS Prohibition in respect of requests and recommendations under 100
other enactments [Repealed]
Part 2
Regions, territorial districts, and communities
[Repealed]
38 This Part to be read subject to Part 1 [Repealed] 101
39 Application of this Act [Repealed] 101
Regions and regional and united councils
[Repealed]
40 Constitution, alteration, union, and abolition of regions 101
[Repealed]
41 Regional councils and united councils [Repealed] 101
42 Membership of regional councils [Repealed] 101
43 Review of constituencies and membership [Repealed] 101
44 Objections to decision of regional council [Repealed] 101
45 Membership of united councils [Repealed] 102
46 Alteration of allocation of appointments to united councils 102
[Repealed]
46A Joint appointments to united council [Repealed] 102
Constitution of districts of territorial authorities
[Repealed]
47 Interpretation [Repealed] 102
48 Constitution, alteration, and union of districts [Repealed] 102
49 Electors may request constitution of new district or alteration of 102
boundaries of existing district [Repealed]
50 Boundaries of districts [Repealed] 102
51 New cities [Repealed] 102
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Councils of districts
[Repealed]
52 Councils of districts [Repealed] 103
53 Incorporation of councils [Repealed] 103
54 District councils [Repealed] 103
55 Membership of councils [Repealed] 103
56 Review of basis of election [Repealed] 103
56A Review of basis of election and division of district with 103
population over 70 000 into wards [Repealed]
56B Commission to determine wards [Repealed] 103
56C Factors to be used in determining wards [Repealed] 103
56D Ward system where members of territorial authority elected on 104
ward system in 1983 [Repealed]
Constitution of communities
[Repealed]
57 Constitution of communities [Repealed] 104
58 Union, alteration, or abolition, of communities [Repealed] 104
District community councils and community councils
[Repealed]
59 District community councils and community councils [Repealed] 104
60 Membership of district community councils and community 104
councils [Repealed]
61 Purpose of community council [Repealed] 104
Part 3
Elections, electors, and electoral rolls
[Repealed]
Members other than members of united council
[Repealed]
62 Election of members [Repealed] 105
63 Electors qualified for election [Repealed] 105
64 Persons disqualified for election [Repealed] 105
Members of united council
[Repealed]
65 Members of united council [Repealed] 105
Special provisions relating to communities
[Repealed]
66 Community within jurisdiction of district community council to 106
constitute a ward [Repealed]
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67 Representation of district community council on territorial 106

authority and other bodies [Repealed]
68 Appointment of representative of community council to attend 106
territorial authority meetings [Repealed]
Electors
[Repealed]
69 Parliamentary electors with appropriate residential qualification 106
qualified as electors of territorial authority, ward, or community
[Repealed]
70 Electors and voting rights [Repealed] 106
71 Electors of regions [Repealed] 106
72 Compilation of electoral roll [Repealed] 107
73 No person to be enrolled more than once [Repealed] 107
Electoral rolls
[Repealed]
74 Roll to be available for public inspection [Repealed] 107
75 Application for registration as a parliamentary elector [Repealed] 107
76 Completion of roll [Repealed] 107
77 Amendments to roll [Repealed] 107
78 When roll in force [Repealed] 107
79 Proof of roll [Repealed] 107
80 Roll for by-election or poll [Repealed] 108
81 Use of roll for other local authority election, by-election, or poll 108
[Repealed]
82 Special provisions relating to regional council elections 108
[Repealed]
83 Local Elections and Polls Act 1976 applied [Repealed] 108
84 Revision of rolls [Repealed] 108
85 Rolls for purposes of by-elections and polls [Repealed] 108
86 Use of rolls for other local authority elections and polls 108
[Repealed]
87 Special provisions relating to regional council elections 108
[Repealed]
88 Local Elections and Polls Act 1976 applied [Repealed] 108
89 Compulsory enrolment of residential electors [Repealed] 109
Part 4
Mayor, chairman, and members of councils
[Repealed]
90 Mayor of borough [Repealed] 109
91 Mayor or chairman of district council [Repealed] 109
92 Election of mayor [Repealed] 109
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93 Election of chairman of regional council, united council, county, 109

district of a district council, town district, district community
council, or community council [Repealed]
93A Regional, united, county, district, town, district community, or 109
community council may remove chairman from office and elect
new chairman [Repealed]
93B Election of chairman by open voting [Repealed] 109
94 Principal officer to preside at meeting for election of chairman 110
[Repealed]
95 Provisions where the same person elected to be both mayor and a 110
member [Repealed]
96 Provisions applying to all mayors and chairmen [Repealed] 110
Disqualification of members of councils, and filling of
extraordinary vacancies
[Repealed]
97 Disqualification of members of councils other than united 110
councils [Repealed]
98 Extraordinary vacancies on district community councils and 110
community councils [Repealed]
99 Vacancies in membership of united council [Repealed] 110
100 Ouster of office of member [Repealed] 110
101 Audit Office to institute proceedings [Repealed] 110
Part 4A
Membership, wards, and constituencies
[Repealed]
101A Commencement [Repealed] 111
101B Application [Repealed] 111
101C Membership of territorial authorities [Repealed] 111
101CA Membership of regional councils [Repealed] 111
101D Wards and constituencies of districts and regions [Repealed] 111
101E Membership [Repealed] 111
101F Electors of regions, territorial authorities, and communities 111
[Repealed]
101G Parliamentary electors qualified for election to any regional 111
council, territorial authority, or community board [Repealed]
101GA Candidacy for both regional council and constituent authority 112
prohibited [Repealed]
101H Review of membership and basis of election [Repealed] 112
101I Distribution of copies of resolution [Repealed] 112
101J Objections [Repealed] 112
101K Commission to determine wards and constituencies [Repealed] 112
101L Factors in determination of membership and basis of election 112
[Repealed]
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101M When ward and constituency determinations take effect 112

[Repealed]
Presiding members of territorial authorities and regional
councils
[Repealed]
101N Presiding member [Repealed] 112
101O Qualification and election of mayor of territorial authority 113
[Repealed]
101P Election of chairperson of regional council [Repealed] 113
101Q Provisions applying to all mayors and chairpersons [Repealed] 113
101R Filling of vacancy in office of mayor [Repealed] 113
101S Filling of vacancy in office of chairperson [Repealed] 113
101T Mayors and chairpersons to be Justices of the Peace [Repealed] 113
101U Election of deputy mayor or deputy chairperson [Repealed] 113
101V Power of regional council or territorial authority to remove 113
chairperson, deputy chairperson, or deputy mayor from office and
elect successor [Repealed]
101W Provisions where same person elected to be both mayor and a 113
member [Repealed]
Extraordinary vacancies
[Repealed]
101X Disqualification of members [Repealed] 114
101Y Ouster of office of member [Repealed] 114
101Z Secretary to institute proceedings [Repealed] 114
101ZA Member’s right to resign [Repealed] 114
101ZB Extraordinary vacancies [Repealed] 114
101ZC Procedure in relation to extraordinary vacancy in local authority 114
[Repealed]
101ZD Power to require election to be held [Repealed] 114
101ZE Election to extraordinary vacancy [Repealed] 114
Part 4B
Communities
[Repealed]
101ZF Commencement [Repealed] 115
101ZG Constitution of communities [Repealed] 115
101ZH Matters pertaining to constitution of communities [Repealed] 115
101ZI Proposal to establish community [Repealed] 115
101ZJ Requirements in relation to proposal [Repealed] 115
101ZK Proposal seeking constitution of communities [Repealed] 115
101ZL Matters to be considered when constituting community 115
[Repealed]
101ZM Appeal against refusal to constitute community [Repealed] 115
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101ZN Procedures relating to resolution to constitute community 116

[Repealed]
101ZO Union, alteration, or abolition of communities [Repealed] 116
Community boards
[Repealed]
101ZP Community boards [Repealed] 116
101ZQ Membership of community boards [Repealed] 116
101ZR Elections of community boards [Repealed] 116
101ZS Application of certain provisions relating to extraordinary 116
vacancies [Repealed]
Procedural matters
[Repealed]
101ZT Chairperson of community board [Repealed] 116
101ZU Community board committees [Repealed] 117
101ZV Quorum of community board and committees of community 117
board [Repealed]
101ZW Application of Part 5A [Repealed] 117
101ZX Community boards not committees of territorial authority 117
[Repealed]
Purposes, functions, duties, and powers of community boards
[Repealed]
101ZY Purposes of community board [Repealed] 117
101ZZ Functions, duties, and powers of community board [Repealed] 117
101ZZA Specific functions determined by Order in Council [Repealed] 117
Administrative and other facilities
[Repealed]
101ZZB Provision of administrative and other facilities for community 118
boards [Repealed]
101ZZC Expenses of community boards [Repealed] 118
Part 4C
Remuneration of members
[Repealed]
101ZZD Commencement [Repealed] 118
101ZZE Interpretation [Repealed] 118
101ZZF Remuneration Authority to determine remuneration [Repealed] 118
101ZZG Mandatory criteria for Authority [Repealed] 118
101ZZH Submissions to Authority [Repealed] 119
101ZZI Frequency of adjustments [Repealed] 119
101ZZJ Determination is a regulation [Repealed] 119
101ZZK Publication of determinations [Repealed] 119
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101ZZL Levy to pay Authority’s costs [Repealed] 119

101ZZM Members and officers of Remuneration Authority to maintain 119
secrecy [Repealed]
101ZZN Meaning of remuneration [Repealed] 119
101ZZO Greytown District Trust Lands Trustees [Repealed] 119
101ZZP Salary or allowances not payable in certain circumstances 119
[Repealed]
101ZZQ Salary or allowance payable to existing office holder not to be 120
reduced [Repealed]
101ZZR Reduction of salary where full term not served [Repealed] 120
101ZZS Office holder may decline to accept salary or allowance 120
[Repealed]
101ZZT Fund from which salaries and allowances to be paid [Repealed] 120
101ZZU Travelling expenses of members [Repealed] 120
101ZZV Travelling expenses of members attending conferences 120
[Repealed]
Part 5
Procedural matters
[Repealed]
103 Declaration by member [Repealed] 120
Committees
[Repealed]
104 Standing or special committees [Repealed] 121
105 Joint committees [Repealed] 121
106 Subcommittees [Repealed] 121
Meetings
[Repealed]
107 Chairman of meetings [Repealed] 121
108 Quorum of councils and committees, and voting at meetings 121
[Repealed]
108A Voting system for certain elections and appointments [Repealed] 121
109 Proceedings not invalidated by vacancies, irregularities, etc 121
[Repealed]
110 Ordinary meetings [Repealed] 122
111 Special meetings [Repealed] 122
112 Minutes of proceedings [Repealed] 122
Special orders
[Repealed]
113 Special orders [Repealed] 122
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Procedural rules
[Repealed]
114 Rules as to proceedings of council, committees, etc [Repealed] 122
Part 5A
Procedural and organisational matters
[Repealed]
114B Interpretation [Repealed] 123
Meetings
[Repealed]
114C General provisions as to meetings [Repealed] 123
114D First meeting following triennial general election [Repealed] 123
114E Ordinary meetings [Repealed] 123
114F Special meetings [Repealed] 123
114G Emergency meetings [Repealed] 123
114H Meetings not invalid because notice not given [Repealed] 123
Conduct of meetings
[Repealed]
114I Quorum of councils and committees [Repealed] 124
114J Voting [Repealed] 124
114K Voting systems for certain appointments [Repealed] 124
114L Chairperson of meetings [Repealed] 124
Procedures at meetings
[Repealed]
114M Standing orders [Repealed] 124
114N Minutes of proceedings [Repealed] 124
114O Proceedings not invalidated by vacancies, irregularities, etc 124
[Repealed]
Committees and subcommittees
[Repealed]
114P Power to appoint committees and subcommittees [Repealed] 125
114Q Delegation to committees and subcommittees [Repealed] 125
114R Membership of committees and subcommittees [Repealed] 125
114S Joint committees [Repealed] 125
Conduct of members
[Repealed]
114T Members to give notice of addresses [Repealed] 125
114U Declaration by member [Repealed] 125
114V Members shall abide by standing orders [Repealed] 125
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Part 6
[Repealed]
115 Administration of united council [Repealed] 126
116 Administering authority to provide staff, land, and other facilities 126
for united council [Repealed]
117 Staff of regional councils and territorial authorities [Repealed] 126
118 Provision of administrative and other facilities for district 126
community councils and community councils [Repealed]
119 Expenses of community councils [Repealed] 126
Part 6A
Employment of staff
[Repealed]
119B Staff of local authorities [Repealed] 127
119C Chief executive officer or group of senior executive officers 127
[Repealed]
119D Responsibilities of executive officers [Repealed] 127
119E Maximum term of employment [Repealed] 127
119F General employment principles [Repealed] 127
119G Equal employment opportunities programme [Repealed] 127
119H Appointments on merit [Repealed] 127
119I Obligation to notify vacancies [Repealed] 127
119J Maximum term of office of certain employees [Repealed] 127
Part 7
General revenues and estimates
[Repealed]
120 General revenues [Repealed] 128
121 Annual estimates [Repealed] 128
122 Application of income [Repealed] 128
Part 7A
Financial management
[Repealed]
122A Interpretation [Repealed] 128
122B Purposes [Repealed] 128
122C Principles of financial management [Repealed] 128
122D Local authorities not required to use specific funding mechanisms 129
[Repealed]
122E Funding of expenditure needs [Repealed] 129
122F Principles relating to funding of expenditure needs [Repealed] 129
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122G Considerations related to funding of expenditure needs 129

[Repealed]
122H Matters related to mechanisms for funding of expenditure needs 129
[Repealed]
122I Compliance [Repealed] 129
122J Short-term borrowing, reserves, etc [Repealed] 129
122K Long-term financial strategy [Repealed] 129
122L Content of long-term financial strategy [Repealed] 129
122M Significant forecasting assumptions of long-term financial 130
strategy [Repealed]
122N Funding policy [Repealed] 130
122O Content of funding policy [Repealed] 130
122P Investment policy [Repealed] 130
122Q Content of investment policy [Repealed] 130
122R Borrowing management policy [Repealed] 130
122S Content of borrowing management policy [Repealed] 130
122T Changes to long-term financial strategy and policies [Repealed] 130
122U Variations between long-term financial strategy and funding, 130
investment, or borrowing management policies [Repealed]
122V Report on long-term financial strategy and policies [Repealed] 131
122W Limitation of review [Repealed] 131
122X Statement of compliance [Repealed] 131
Part 7B
Borrowing and security
[Repealed]
122Y Commencement [Repealed] 131
122Z Interpretation [Repealed] 131
Power to borrow
[Repealed]
122ZA General power to borrow [Repealed] 131
122ZAA Internal borrowing [Repealed] 131
122ZB Power to enter into incidental arrangements [Repealed] 132
122ZC Prohibition on borrowing in foreign currency [Repealed] 132
Procedure for raising loans
[Repealed]
122ZD Procedure for borrowing money [Repealed] 132
Securities and charges
[Repealed]
122ZE Security for loans [Repealed] 132
122ZF Provisions applying to special rates [Repealed] 132
122ZG Effects of breach on third parties [Repealed] 132
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Registration of charges
[Repealed]
122ZH Registration of charges [Repealed] 133
122ZI Register of charges maintained by Registrar of Companies 133
[Repealed]
122ZJ Register of charges maintained by local authority [Repealed] 133
122ZK Registration of subsisting charges [Repealed] 133
Receivership
[Repealed]
122ZL Appointment of receivers [Repealed] 133
122ZM Powers and duties of receivers [Repealed] 133
122ZN Constraints on receiver [Repealed] 133
122ZO Protection for receiver [Repealed] 134
[Repealed]
122ZP Loans not guaranteed by Crown [Repealed] 134
122ZQ Assimilation of existing stock with new stock [Repealed] 134
122ZR Provisions relating to sinking funds [Repealed] 134
122ZS Conversion of existing loans [Repealed] 134
122ZT Preservation of existing status [Repealed] 134
Part 8
Assessments of united councils
[Repealed]
123 Constituent authorities to meet expenditure [Repealed] 134
124 Valuation equalisation [Repealed] 135
125 Alterations to apportionment of expenditure [Repealed] 135
125A Objections as to alterations to apportionment of expenditure 135
[Repealed]
126 Assessment of contributions [Repealed] 135
127 Jurisdiction of District Court [Repealed] 135
128 Production of documents to be evidence [Repealed] 135
129 Payment of assessments [Repealed] 135
130 Powers of constituent authorities and other territorial authorities 135
in respect of payments [Repealed]
131 Powers of united council to recover contributions in case of 135
default [Repealed]
132 United councils not to have rating powers [Repealed] 136
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Part 9
Rates and charges
[Repealed]
133 Levying and recovery of rates where property situated in region 136
or out-district [Repealed]
General rating by regional councils
[Repealed]
134 Determination of rating system [Repealed] 136
135 Regional general rate [Repealed] 136
Territorial authority general rates
[Repealed]
136 Territorial authority general rates [Repealed] 136
137 Levying of territorial authority general rate where ward accounts 136
kept [Repealed]
138 Territorial authority may cease to make and levy general rates 137
separately in each ward [Repealed]
General rating in communities
[Repealed]
139 Community general rate [Repealed] 137
Regional works and services rates
[Repealed]
140 Regional works and services rates [Repealed] 137
141 Exercise of rating and levying powers of other authorities 137
[Repealed]
Territorial authority separate rates
[Repealed]
142 Works and services rates [Repealed] 137
143 Separate rates [Repealed] 137
Improvement and development rates in communities
[Repealed]
144 Community improvement and development rates [Repealed] 138
145 Territorial authority may exempt farm lands in community from 138
improvement and development rates [Repealed]
Rating methods
[Repealed]
147 Differential rates [Repealed] 138
147A Introduction of differential rating [Repealed] 138
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148 Alteration to system of differential rating [Repealed] 138

148A Certain changes not to compromise alteration to system of 138
differential rating [Repealed]
149 Revocation of differential rating [Repealed] 139
150 Notice to Valuer-General [Repealed] 139
151 Levying of differential rate [Repealed] 139
152 Application of proceeds of differential rate [Repealed] 139
153 Rating on a graduated scale [Repealed] 139
154 Land drainage or water race rating on area system [Repealed] 139
155 Appeal against operation of area system [Repealed] 139
156 Classification for purposes of area rate [Repealed] 139
157 Fire protection rate on value of improvements [Repealed] 139
Charges instead of rates
[Repealed]
157A Uniform annual general charge [Repealed] 140
157B Reduction or cancellation of uniform annual general charge 140
[Repealed]
157C Uniform annual general charges on properties only partly in 140
district [Repealed]
158 Water charges [Repealed] 140
159 Provisions as to water meters [Repealed] 140
160 Water race charge [Repealed] 140
161 Owner granting land for water race may have water free of charge 140
or at a reduced charge [Repealed]
162 Sewerage and stormwater drainage charges [Repealed] 140
163 Refuse charges [Repealed] 141
164 Fire protection charges [Repealed] 141
164A Uniform annual charges instead of rates for certain purpose 141
[Repealed]
164AA Annual charges on properties in common occupation [Repealed] 141
Lump sum contribution to capital cost of works
[Repealed]
164C Territorial authority may resolve to seek lump sum contributions 141
from ratepayers [Repealed]
164D Preparation of cost estimates and calculation of contributions and 141
rates or charges relating to works [Repealed]
164E Right to make lump sum contribution [Repealed] 141
164F Notification to ratepayer of right to make election [Repealed] 142
164G Effect of election to make a lump sum contribution [Repealed] 142
164H Payment of lump sum contributions [Repealed] 142
164I Recalculation of lump sum contribution on completion of work 142
[Repealed]
20
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164J Refund of or increase in lump sum contribution [Repealed] 142

164K Lump sum contribution deemed to be separate rate [Repealed] 142
Part 10
Miscellaneous financial provisions
[Repealed]
166 Minimum rates [Repealed] 142
167 Charges deemed to be rates [Repealed] 143
168 In default of payment of water rates or charges supply may be 143
stopped [Repealed]
169 Adjusted valuation [Repealed] 143
170 Adoption of different rating system in community [Repealed] 143
171 Deduction from proceeds of separate rate of cost of making and 143
levying rate, etc [Repealed]
172 Separate rate may be made an annually recurring rate [Repealed] 143
173 Certain separate rates payable in full or for proportionate part of 143
year in certain circumstances [Repealed]
174 Consolidation of special rates [Repealed] 143
175 Consolidation of rates [Repealed] 144
176 Application of surplus of certain rates and contributions 144
[Repealed]
177 Unauthorised expenditure [Repealed] 144
178 Special provisions as to County of Chatham Islands [Repealed] 144
Timber levy
[Repealed]
179 Levy on timber [Repealed] 144
Borrowing
[Repealed]
180 Security for loans [Repealed] 144
Part 11
Local authorities fuel tax
181 Interpretation 145
182 Application of this Part 146
183 Tax areas for purposes of tax 147
184 Notice of change of distribution authority 147
185 Powers of component authorities to levy fuel tax 147
186 Alteration of scale of tax 149
187 Notice of alteration of tax 150
188 Functions of distribution authority 150
Collection of tax
189 Returns by wholesale distributors 151
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190 Assessment of tax 151

191 Assessment presumed to be correct 152
192 Appeal against assessment 152
193 Tax recoverable as a debt 153
194 Penalty for late payment of tax 153
Application of proceeds of tax
195 Separate bank account to be kept by distribution authority 154
196 Accounts to be kept in accordance with requirements of Auditor- 154
General
197 Transfer by distribution authority of authorised cost of services 154
198 Distribution of proceeds 155
199 Effect on agreements of imposition or alteration of tax 155
199A Order in Council prescribing local authorities fuel tax 156
200 Regulations in respect of local authorities fuel tax 156
Part 11A
Regional petrol tax
[Repealed]
200B Application of this Part [Repealed] 157
200C Power of regional councils to levy regional petrol tax [Repealed] 158
200D Regional petrol tax to be notified [Repealed] 158
200E Restriction on collection of tax [Repealed] 158
200F Application of proceeds of tax [Repealed] 158
200G Returns by wholesale distributors [Repealed] 158
200H Assessment of tax [Repealed] 158
200I Assessment presumed to be correct [Repealed] 158
200J Appeal against assessment [Repealed] 158
200K Tax recoverable as a debt [Repealed] 158
200L Penalty for late payment of tax [Repealed] 159
200M Effect on agreements of imposition or alteration of tax 159
[Repealed]
200N Accounting month [Repealed] 159
Part 12
Accounting documents, special funds, trading undertakings,
and expenditure
[Repealed]
201 Application and interpretation of Part 12 [Repealed] 159
Financial records
[Repealed]
202 Financial records [Repealed] 159
203 Allocation of administration costs [Repealed] 159
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204 Inspection of documents by electors and others [Repealed] 160

Custody of and payment of money
[Repealed]
205 Payment to and withdrawal from bank accounts [Repealed] 160
206 Deposit at interest [Repealed] 160
207 Council may establish Imprest Accounts [Repealed] 160
208 Council may establish special funds [Repealed] 160
209 Certain funds deemed to be special funds under this Act 160
[Repealed]
Special provisions as to trading undertakings
[Repealed]
210 Asset renewal charge [Repealed] 160
211 Application of asset renewal charge [Repealed] 161
212 Investment of asset renewal charge [Repealed] 161
213 Power to revoke appointment of Commissioners [Repealed] 161
Remuneration and expenses of, and use of facilities by, mayor or
chairman and other members
[Repealed]
214A Annual allowances to be determined by Higher Salaries 161
Commission [Repealed]
214B Annual allowances and remuneration to be determined by 161
Minister following determination by Higher Salaries Commission
[Repealed]
214C Alteration to annual allowances or remuneration of chairmen, 161
deputy chairmen, chairmen of standing or special committees,
and other members of local authorities [Repealed]
214D Payment of annual allowances and remuneration [Repealed] 162
214E Attendance at certain conferences and meetings to be 162
remunerated [Repealed]
214F Remuneration of persons who are neither members nor 162
employees of local authority [Repealed]
214G Annual allowances and remuneration not payable in certain 162
circumstances [Repealed]
214H Annual allowance of chairman of district community council 162
[Repealed]
214I Remuneration of chairman and other members of community 162
council [Repealed]
214J Annual allowance or remuneration payable to existing office 162
holder not to be reduced [Repealed]
214K Reduction of annual allowance where full term not served 162
[Repealed]
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214L Officer holder may decline to accept annual allowance or 163

remuneration [Repealed]
214M Fund from which allowances and remuneration to be paid 163
[Repealed]
215 Travelling expenses of members [Repealed] 163
216 Travelling expenses of members attending conferences 163
[Repealed]
217 Expenses of members of district community councils and 163
community councils [Repealed]
218 Use of transport facilities by members [Repealed] 163
219 Miscellaneous expenditure [Repealed] 163
[Repealed]
220 Government not liable for district debts [Repealed] 163
221 Rates of interest [Repealed] 164
222 Offences by employees with respect to money or accounts 164
[Repealed]
223 Regulations as to collection of and accounting for money 164
[Repealed]
223A Preparation of financial statements in certain circumstances 164
[Repealed]
Part 12A
Accountability and accounting
[Repealed]
223B Commencement [Repealed] 164
223C Conduct of affairs [Repealed] 164
223CA Special provisions applying to Wellington Regional Council 164
[Repealed]
223D Annual plan [Repealed] 164
223E Annual report [Repealed] 165
223F Financial systems [Repealed] 165
223G Failure to comply with financial reporting requirements 165
[Repealed]
223H Inspection of financial records by members and specified officers 165
of local authority [Repealed]
223I Banking and related matters [Repealed] 165
223J Miscellaneous expenditure [Repealed] 165
223K Unauthorised expenditure [Repealed] 165
223L Government not liable for debts [Repealed] 165
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Part 13
Council property
[Repealed]
225 Property for council purposes [Repealed] 166
225B Port company shares and assets and liabilities of former harbour 166
boards [Repealed]
225C Application of proceeds of sale [Repealed] 166
225D Community trusts [Repealed] 166
225E Purpose of Trust [Repealed] 166
225F Trustees [Repealed] 166
225G Term of office of trustees [Repealed] 167
225H Persons not capable of holding office as trustee [Repealed] 167
225I Financial statements [Repealed] 167
225J Trustees to hold public meeting [Repealed] 167
225K Matters to be included in trust deed [Repealed] 167
225L Trust deed not to be inconsistent with provisions of this Act 167
[Repealed]
225M Application of Trustee Act 1956 [Repealed] 167
226 Disposal of council property (other than land) [Repealed] 167
227 Shops and offices [Repealed] 167
228 Council may purchase land by instalments [Repealed] 168
Part 14
Sale and leasing of land
[Repealed]
230 Sale or exchange of council land [Repealed] 168
231 Leasing of land by council [Repealed] 168
232 Lease of council building as cinematograph theatre [Repealed] 168
233 Leases to other local authorities may be by private contract 168
[Repealed]
234 Special provisions with respect to land and buildings reserved for 168
recreation [Repealed]
235 Council may grant easements [Repealed] 169
236 Transfers and leases to Crown for reserves or public purposes 169
[Repealed]
Part 15
Works of councils
[Repealed]
237A Power to acquire land [Repealed] 169
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237B Land for regional planning [Repealed] 169

238 General powers of council in respect of works [Repealed] 169
238A Execution of works and services for united council [Repealed] 169
239 Council involvement in joint ventures with other persons 169
[Repealed]
239A Agreement for execution of works and development for regional 170
planning purposes [Repealed]
239B Joining of other local authorities in, and sharing of expenses of, 170
works and development for regional planning [Repealed]
240 Compensation payable by council for land taken or injuriously 170
affected [Repealed]
241 Government works not to be interfered with [Repealed] 170
242 Council not authorised to create nuisance [Repealed] 170
243 Protection of permanent reference marks [Repealed] 170
Part 16
Contracts
[Repealed]
245 Contracts for works [Repealed] 171
246 Council may contract with Minister of Works and Development 171
and other local authorities and public bodies for execution of
works [Repealed]
247 Co-operative contracts [Repealed] 171
Part 16A
Works and contracts
[Repealed]
247B General powers [Repealed] 171
247C General power to be involved in business and other ventures 171
[Repealed]
247D Method to be adopted [Repealed] 171
247E Contracts and tenders [Repealed] 172
247F Power to acquire land [Repealed] 172
247G Compensation payable by local authority for land taken or 172
injuriously affected [Repealed]
247H Local authority not authorised to create nuisance [Repealed] 172
Part 17
Documents and local archives
[Repealed]
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Documents
[Repealed]
249 Council to make arrangements in connection with documents 172
[Repealed]
250 Documents of district community councils and community 172
councils [Repealed]
251 Documents of abolished local authorities [Repealed] 173
252 Authentication of documents by council or board [Repealed] 173
253 Service of documents, etc [Repealed] 173
254 Loss or destruction of documents, etc [Repealed] 173
255 Certified copies of documents [Repealed] 173
Local archives
[Repealed]
256 Protection of local archives [Repealed] 173
257 Use of local archives [Repealed] 173
258 Acquisition of local archives and other documents [Repealed] 173
259 Destruction of certain local archives [Repealed] 174
Part 18
General provisions as to functions and powers
[Repealed]
260 Functions of united councils [Repealed] 174
261 Regional or united council may undertake constituent authority 174
functions [Repealed]
262 Functions conferred by Order in Council [Repealed] 174
263 Provisions on transfer of functions [Repealed] 174
Part 19
Functions of regional and united councils only
[Repealed]
265 New regional functions [Repealed] 175
266 Councils to exercise civil defence functions [Repealed] 175
266A Functions relating to developments of regional importance 175
[Repealed]
267 Delegation of functions from Crown [Repealed] 175
268 Territorial authority may perform functions of regional council in 175
certain circumstances [Repealed]
269 Out-districts [Repealed] 175
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Part 19A
Administration of petroleum rationing by regional councils
and united councils
[Repealed]
269B Regions for the purposes of this Part [Repealed] 176
269C Councils to undertake petroleum products rationing [Repealed] 176
269D Petroleum products rationing organisation plans [Repealed] 176
269E Petroleum products rationing administrative plans [Repealed] 176
269F Amendment to approved plans [Repealed] 176
269G Regional and united councils and territorial authorities to give 176
effect to operative petroleum products rationing plans [Repealed]
Part 20
Subdivision and development of land
[Repealed]
270 Interpretation and application [Repealed] 176
270A Local Government Amendment Act 1981 not to apply to certain 177
developments not completed at 1 January 1981 [Repealed]
271 Subdivision defined [Repealed] 177
271A Development defined [Repealed] 177
272 Application of this Part to the Crown [Repealed] 177
273 Application of this Part to subdivision or development by council 177
[Repealed]
273A Application of this Part to developments by local authorities 177
[Repealed]
273B Application of this Part to development by hospital boards 177
[Repealed]
273C Application of this Part to relocatable home parks [Repealed] 177
Subdivision
[Repealed]
274 Subdivision not to be permitted in certain circumstances 178
[Repealed]
275 Scheme plan to be submitted to council [Repealed] 178
276 Concept plan may be required in certain cases [Repealed] 178
277 Concept plan to be referred to certain authorities [Repealed] 178
278 Action to be taken in respect of concept plan [Repealed] 178
279 Powers of council where scheme plan submitted [Repealed] 178
280 Council and owner may agree for subdivision to proceed 178
[Repealed]
281 Application of Part 21 [Repealed] 178
282 Minimum frontage and area requirements [Repealed] 179
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283 Public water supply, drainage, electricity reticulation, and gas 179
supply [Repealed]
Reserves
[Repealed]
284 Reserves policy [Repealed] 179
285 Reserves contributions in case of residential subdivisions 179
[Repealed]
286 Reserves contributions in respect of subdivision for commercial 179
or industrial purposes [Repealed]
287 Reserves contributions previously paid [Repealed] 179
288 Payment and use of reserves contributions [Repealed] 179
289 Reserves along areas of water [Repealed] 179
290 Compensation in respect of land along areas of water set aside as 180
reserves [Repealed]
291 Preservation of trees and buildings of historic interest and wildlife 180
habitat [Repealed]
292 Reserves for future service lanes [Repealed] 180
Development
[Repealed]
293 Development plans [Repealed] 180
294 Reserves and public services contributions in respect of 180
development [Repealed]
294A Calculation of development levy [Repealed] 180
294B Application of other sections to developments [Repealed] 180
294C Variation of development plan or conditions imposed [Repealed] 180
294D Reserves contributions or development levy where development 181
varied [Repealed]
294E Redetermination of assessed value [Repealed] 181
294F Determination of actual capital value of development [Repealed] 181
294FA Amendment of development levy when development completed 181
[Repealed]
294G Calculation of reserves contributions and development levy when 181
development completed [Repealed]
294H Application of development levies fixed by council [Repealed] 181
294I Owner to contribute to certain regional works [Repealed] 181
Provision for parking
[Repealed]
295 Provision for parking [Repealed] 181
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General provisions
[Repealed]
296 Variation or revocation of scheme plan or conditions imposed 182
[Repealed]
297 Refund of money if scheme plan revoked or lapses [Repealed] 182
297A Refund of money and return of land where development does not 182
proceed [Repealed]
298 Valuation of land or of work done [Repealed] 182
299 Objection to decision relating to developments [Repealed] 182
300 Appeals to Planning Tribunal [Repealed] 182
301 Appeal against determination of valuer [Repealed] 182
302 Work may begin pending decision on objection or appeal 182
[Repealed]
303 Completion certificate [Repealed] 183
304 Bonds [Repealed] 183
305 Survey plan may be submitted to council for approval [Repealed] 183
306 Survey plan to be deposited [Repealed] 183
306A Vesting of land in council in respect of a development [Repealed] 183
307 Agreement to sell land or building before deposit of plan 183
[Repealed]
308 Plan approved subject to amalgamation or transfer of allotments 183
[Repealed]
309 Plan approved subject to grant or reservation of easements 183
[Repealed]
310 Contravention not to affect title to land [Repealed] 183
311 Offences [Repealed] 184
312 Savings as to previous approvals [Repealed] 184
313 Code of urban subdivision [Repealed] 184
314 Registration of company leases and cross leases [Repealed] 184
Part 21
Roads (other than regional roads), service lanes, and access
ways
316 Property in roads 186
317 Control of roads 187
318 Control and maintenance of boundary roads [Repealed] 188
318A Transfer of responsibilities between regional councils and 188
territorial authorities
Formation, alteration, stopping, and closing of roads
319 General powers of councils in respect of roads 189
319A Naming of roads 190
319B Allocation of property numbers 190
320 Powers relating to roads [Repealed] 190
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321 Road access [Repealed] 190

321A Roading contributions as condition of approval of scheme plan 190
[Repealed]
322 Land for road formation or widening [Repealed] 191
323 Unformed roads in the district 191
324 Council may contribute to cost of formation, maintenance, etc, of 191
roads outside the district
324A Power to carry out works on Maori roadway 191
325 Road widths [Expired] 192
326 Betterment arising from creation or widening of a road 192
327 Building-line restrictions [Repealed] 195
327A Building-line restrictions 195
328 Building-line restrictions provided in district scheme [Repealed] 195
329 Road gradients 195
330 Road levels 195
331 Footpaths and channels 196
332 Cycle tracks 197
333 Dividing strips, etc 197
334 Erection of monuments, etc, and provision of facilities on or 198
under roads
334A Council may light roads, etc 198
335 Vehicle crossings 199
336 Pedestrian malls 201
337 Alteration of pipes and drains 202
338 Council may grant right to lay conduit pipes along or under road 202
339 Transport shelters 203
340 Motor garages 203
341 Leases of airspace or subsoil of roads 204
341A Contribution to cost of railway, subway, or bridge 205
342 Stopping and closing of roads 206
342A Temporary closing of roads by Police [Repealed] 206
343 Consumption or possession of intoxicating liquor in roads closed 206
for public function or gathering [Repealed]
344 Gates and cattle stops across roads 206
345 Disposal of land not required for road 208
Limited access roads
346A Declaration and revocation of limited access roads 211
346B Provisions of Acts relating to roads to apply to limited access 211
roads
346C Requirements of declaration of limited access road 211
346D Access to and from land 212
346E Authorisation of crossing places 213
346F Restricting movement to or from a limited access road 213
31
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346G Limited access road not a road for purpose of subdivision or sale 214
346H Certificate of land affected to be forwarded to Registrar-General 215
of Land
346I Compensation 215
346J Offences 216
Private roads and private ways
347 Grades and formation of private roads 216
348 Powers of council with respect to private roads and private ways 216
349 Council may declare private road or right of way to be public 218
road
350 Penalty for laying out private road or private way in 218
contravention of this Act
351 Illegal private road or private way not to be registered 218
352 Conditions to be noted on title by Registrar-General of Land 219
Safety provisions as to roads
353 General safety provisions as to roads 219
354 Construction of cellar or making any excavation in vicinity of 220
road
355 Council may require removal of overhanging trees, etc 221
356 Removal of abandoned vehicles from roads 222
356A Further provision in relation to removal of vehicles from roads 224
356B Relationship between section 356 and section 356A 226
357 Penalties for damage to roads 226
Contracts and leases relating to ferries
357A Leasing powers of council with respect to ferries 228
Privately constructed bridges and ferries
358 Privately constructed bridges and ferries 228
359 Regulations for maintenance and use of privately constructed 229
bridges and ferries
360 Minister may delegate powers to council 229
Tolls at bridges, tunnels, and ferries
361 Establishment or abolition of toll gates at bridges, tunnels, and 230
ferries
Part 22
Regional roads
[Repealed]
363 Power to declare regional roads [Repealed] 231
364 Constituent authority may request council to declare regional 231
road [Repealed]
365 Objections to proposed regional roads [Repealed] 231
32
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366 Powers of council in relation to regional roads [Repealed] 232

367 Objections to intention to commence formation, or upgrading of 232
regional road [Repealed]
368 Power to delegate [Repealed] 232
369 Revocation of a regional road [Repealed] 232
370 Appeals [Repealed] 232
371 Limited access regional roads [Repealed] 232
372 Bylaws [Repealed] 232
373 Road improvement land [Repealed] 232
373A Subsidies under National Roads Act [Repealed] 232
374 Regional motorways [Repealed] 233
Part 23
Water supply by territorial authorities
[Repealed]
375 This Part to be subject to Resource Management Act 1991 and 233
Health Act 1956 [Repealed]
377 Constitution of water supply areas [Repealed] 233
Powers of council in regard to waterworks
[Repealed]
378 Control of source of water supply [Repealed] 233
379 Council may construct or purchase waterworks [Repealed] 233
380 Special provisions as to waterworks beyond the district 233
[Repealed]
Supply of water
[Repealed]
381 Council may contract for water supply [Repealed] 234
382 Persons supplied with water to prevent waste [Repealed] 234
383 Notice of removal of water pipes to be given to council 234
[Repealed]
384 Advances to property owners for water connections [Repealed] 234
Supply to persons outside district
[Repealed]
385 Supply of water outside district [Repealed] 234
386 Discontinuance of supply of water outside district [Repealed] 234
387 Charge for water to residents of area added to district in certain 234
cases [Repealed]
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Use of water for motive power

[Repealed]
388 Council may use water from waterworks for motive power 235
[Repealed]
389 Surplus water may be sold for motive power [Repealed] 235
390 Discontinuance of supply of water for motive power [Repealed] 235
Protection of water and waterworks
[Repealed]
391 Drawing off water from waterworks [Repealed] 235
392 Pollution of water supply [Repealed] 235
393 Factories, etc, may be examined [Repealed] 235
394 Diversion of water from waterworks in case of flood [Repealed] 235
395 Offences with respect to waterworks [Repealed] 236
396 Offences with respect to water meters [Repealed] 236
397 Council may stop supply of water in certain cases [Repealed] 236
Part 24
Regional water supply
[Repealed]
398 This Part to be read subject to Resource Management Act 1991 236
and Health Act 1956 [Repealed]
400 Council may supply water to constituent authorities [Repealed] 236
401 Council may construct or purchase waterworks [Repealed] 236
402 Local authorities and other bodies to be notified of work 237
[Repealed]
403 Use of water for motive power [Repealed] 237
404 Surplus water may be sold for motive power [Repealed] 237
405 Discontinuance of supply of water for motive power [Repealed] 237
406 Council may contract for water supply [Repealed] 237
407 Drawing off water from waterworks [Repealed] 237
408 Offences with respect to water supply [Repealed] 237
409 Pollution of water supply [Repealed] 237
410 Factories, etc, may be examined [Repealed] 237
411 Diversion of water from waterworks in case of flood [Repealed] 238
412 Allocation of supply of water to constituent authorities 238
[Repealed]
413 Appeals relating to supply of water [Repealed] 238
414 Council may operate constituent authority’s waterworks 238
[Repealed]
415 Supply of water to consumers outside the region [Repealed] 238
416 Supply of water to territorial authority [Repealed] 238
417 Discontinuance of supply of water outside region [Repealed] 238
34
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418 Charges for water supplied to constituent authority [Repealed] 238

419 Surcharges for exceeding allocations [Repealed] 238
420 Payment of charges and surcharges [Repealed] 239
Part 25
Water races
[Repealed]
420A Application of Part 25 [Repealed] 239
421 This Part to be subject to Resource Management Act 1991 239
[Repealed]
Water race areas
[Repealed]
423 Constitution, alteration, and union of water race areas [Repealed] 239
424 Subdivision of water race areas [Repealed] 239
425 Water race map [Repealed] 239
Powers of council as to water races
[Repealed]
426 General powers of council as to water races [Repealed] 240
427 Discontinuance of water race [Repealed] 240
428 Council may sell disused water race [Repealed] 240
429 Water channel may be declared a water race [Repealed] 240
430 Council may stop supply of water in certain cases [Repealed] 240
431 Compensation [Repealed] 240
432 Appointment of managing ratepayers [Repealed] 240
Water races outside district
[Repealed]
433 Exercise of powers outside district [Repealed] 241
434 Supply of water outside district [Repealed] 241
435 Discontinuance of supply of water outside district [Repealed] 241
Provisions for the protection of water races
[Repealed]
436 Drawing off water from streams supplying water race [Repealed] 241
437 Offences with respect to water races [Repealed] 241
438 Pollution of water races [Repealed] 241
Bylaws
[Repealed]
439 Bylaws as to water races [Repealed] 242
35
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Part 26
Sewerage and stormwater drainage by territorial authorities
[Repealed]
Powers of council in respect of sewerage and stormwater
drainage
442 Council may make provision for drainage of district [Repealed] 242
443 Constitution of urban drainage areas [Repealed] 242
444 Drainage map [Repealed] 242
445 Council may construct drains [Repealed] 243
446 Council may cover in watercourse so as to make it a public drain 243
447 Betterment contributions where watercourse covered in 245
448 Stormwater may be led into watercourses [Repealed] 245
449 Channels for stormwater [Repealed] 246
450 Council may make dams, etc, in watercourses [Repealed] 246
451 Diversion, etc, of drainage works 246
452 Council may treat and deal with sewage [Repealed] 246
Powers of council as to drainage outside district
[Repealed]
453 Council may construct drainage works outside district [Repealed] 247
454 Construction and repair of drainage works outside district 247
[Repealed]
455 Council may agree to use drainage works under control of other 247
local authority [Repealed]
456 Council may drain areas outside district [Repealed] 247
457 Discontinuance of drainage outside district [Repealed] 247
458 Rate for drainage in areas added to district [Repealed] 247
Private drains
459 Council may require owners of land in certain cases to provide 247
private drains
460 Construction of private drains through adjoining premises 249
461 Further provisions with respect to private drains 250
462 Council may declare private drain to be public drain 251
Money payable by owners and occupiers
[Repealed]
463 Advances by council to owners in respect of cost of drainage 252
connections [Repealed]
464 Owner may recover proportion of cost of drainage connections 252
from tenant under a lease with not less than 3 years unexpired
[Repealed]
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465 Money payable to council in respect of drainage to be a charge on 252

land [Repealed]
466 Advances to property owners for clearing or covering in 252
watercourses [Repealed]
Drain protection and protective works
467 Unlawful connection of private drain 252
468 Tree roots obstructing public drains 253
469 Council may construct protective works to prevent damage by 254
flood [Repealed]
Part 27
Regional drainage
[Repealed]
[Repealed]
472 Council may undertake regional drainage in constituent district 254
[Repealed]
473 Council may undertake drainage in district of local authority 254
[Repealed]
474 General powers of council [Repealed] 255
475 Regional drainage map [Repealed] 255
476 Council may treat and deal with sewage [Repealed] 255
477 Construction of drains on or under roads, etc [Repealed] 255
478 Diversions, etc, of drain [Repealed] 255
479 Watercourses [Repealed] 255
480 Council may charge for regional drainage [Repealed] 255
481 Instalments of charges for regional drainage [Repealed] 255
482 Payment of charges [Repealed] 255
483 Powers to permit constituent authorities to connect drains 256
[Repealed]
484 Connection of drains outside region [Repealed] 256
485 Reticulation work [Repealed] 256
486 Operation of drainage works [Repealed] 256
Offences
[Repealed]
487 Unlawful interference with drains [Repealed] 256
Part 28
Trade wastes
[Repealed]
[Repealed]
37
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490 Councils may undertake trade wastes disposal [Repealed] 257
491 Powers of local authorities to make trade wastes bylaws 257
[Repealed]
492 Making of trade wastes bylaws [Repealed] 257
493 Offences against trade wastes bylaws [Repealed] 257
494 Restrictions on rights of local authority to charge in respect of 257
treatment or reception of trade wastes [Repealed]
495 Appeal from assessment of charges [Repealed] 257
496 Hearing and determination of appeal [Repealed] 257
497 Trade wastes bylaws may be relaxed in certain cases [Repealed] 257
498 Discharge of sewage into sewerage drain in accordance with 258
bylaws not to constitute offence [Repealed]
499 Right to discharge trade wastes into sewerage drains [Repealed] 258
500 Agreements as to disposal of trade wastes [Repealed] 258
501 Local authority may enter into agreements for disposal of sewage 258
and trade wastes [Repealed]
Powers of local authority as to trade wastes disposal outside
district
[Repealed]
501A Local authority may construct trade wastes disposal works 258
outside district [Repealed]
501B Construction and repair of trade wastes disposal works outside 258
district [Repealed]
501C Local authority may agree to use trade wastes works under 258
control of other local authority [Repealed]
501D Local authority may deal with trade wastes from areas outside 259
district [Repealed]
501E Discontinuance of trade wastes system outside own district 259
[Repealed]
Part 29
Land drainage and rivers clearance
501F Application of Part 29 259
Land drainage areas
504 Declarations in relation to drainage areas 260
505 Procedure for demanding poll 261
505A Poll on proposed declaration 262
505B Petition to make declaration 262
505C Relevant area for polls and petitions 262
506 Subdivision of areas 263
38
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Control of drainage channels and land drainage works

507 Existing drainage channels may be brought under this Part 263
508 Repeal of special Act 263
Powers of councils with respect to land drainage
509 Powers of council as to drainage channels and land drainage 263
works
510 Inspection of private dams, etc 264
Removal of obstructions from drainage channels and
watercourses
511 Removal of obstructions from drainage channel or watercourse 264
512 Power to require council to order removal of obstructions 266
513 Order of court on application under section 511 or section 512 266
514 Council may make advances to owners 267
515 Removal of obstructions in watercourses outside the district 268
General provisions
516 Exercise of powers on roads and public works not under control 268
of council
517 Bylaws for protection of land drainage works 269
Part 29A
Divestment of land drainage schemes and water race schemes
517A This Part subject to Resource Management Act 1991 and Soil 270
Conservation and Rivers Control Act 1941
517B Interpretation 270
517C Purposes of this Part 272
517D Obligation of local authority to facilitate purposes 272
Transfer petitions and transfer proposals
517E Initiation of transfer 272
517F Duty of local authority upon receipt of transfer petition and 272
transfer proposal
517G Signatures to transfer petition 273
517H Proposer 274
517I Contents of transfer proposal 274
517J Service of transfer proposal 275
517K Right to object to transfer proposal 275
517L Notice of right to object 276
517M Contents of notice of right to object 276
517N Lodging of objections 277
517O Service of copies of objections 278
517P Notification by local authority of receipt of objections 278
517Q Procedure where transfer proposal not required to be forwarded to 278
Commission
39
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517R Obligation of local authority to effect transfer 279

517S Procedure on receipt of objections 279
517T Duty of Commission to consider objections 279
517U Relevant criteria 280
517V Notice of Commission’s determination 281
517W Modification of support for transfer proposal 281
Transfer plan
517X Procedure after determination 282
517Y Obligation of local authority to effect transfer 282
Implementation of transfer plan
517Z Transfer by local authority of scheme assets and scheme 283
liabilities
517ZA Further provisions relating to transfer of scheme assets and 284
scheme liabilities
517ZB Rates and charges payable for proportionate part of year in certain 285
circumstances
517ZC Rights of entry 285
517ZD Registration of rights 286
517ZE Transfer of existing easements, etc 288
517ZF Transfer of water permits 289
517ZG Transfer of land 290
517ZH Section 11 and Part 10 of Resource Management Act 1991 and 290
Part 21 of this Act not to apply
517ZI Activity permitted as of right 290
517ZJ Revocation of resolutions constituting drainage areas and water 290
race areas
517ZK Power of local authority to enter into contracts with scheme 291
owners
517ZL Power to repair or maintain land drainage schemes and water 291
races
517ZM Power of territorial authority to reconstitute land drainage or 292
water race areas
Part 30
Supply of energy
[Repealed]
Supply of energy by territorial authorities
[Repealed]
519 Territorial authority may light roads, etc, with energy [Repealed] 293
520 Supply of energy [Repealed] 293
521 Gas reticulation [Repealed] 293
522 Powers in respect of supply of energy [Repealed] 293
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523 Territorial authority may contract with other persons for lighting 293
of roads and for supply of energy [Repealed]
524 Territorial authority may install, purchase, or sell fittings and 293
equipment [Repealed]
525 Supply of energy to persons outside the district [Repealed] 293
526 Works for supply of energy to vest in territorial authority 293
[Repealed]
527 Consumer to supply fittings [Repealed] 294
528 Offences with respect to meters [Repealed] 294
529 Territorial authority to fix price of energy [Repealed] 294
530 Territorial authority may cut off supply of energy [Repealed] 294
531 Recovery of energy charges [Repealed] 294
532 Electricity or gas company may sell works to territorial authority 294
[Repealed]
533 Grants and advances to owners and occupiers for energy related 294
purposes [Repealed]
534 When advance not to be a charge on land [Repealed] 294
535 Savings of agreements [Repealed] 294
Supply of energy by regional councils or united councils
[Repealed]
536 Regional council or united council may undertake regional energy 295
supply [Repealed]
536A Regional energy planning committee [Repealed] 295
Agreements for supply of energy
[Repealed]
536B Territorial authority, regional council, or united council may enter 295
into arrangements with other bodies for the supply of energy
[Repealed]
Part 31
Waste management
[Repealed]
538 Duty of territorial authority to encourage efficient waste 295
management [Repealed]
539 Waste management plan [Repealed] 296
540 Powers in respect of waste management [Repealed] 296
540A Collection and disposal of waste [Repealed] 296
541 Waste management operations and facilities [Repealed] 296
543 Grants [Repealed] 296
544 Allocation of costs [Repealed] 296
41
Version as at
Regional refuse collection and disposal

[Repealed]
545 Meaning of council [Repealed] 296
546 Council may operate refuse collection and disposal services 297
[Repealed]
547 Powers of council in respect of refuse collection and disposal 297
service [Repealed]
548 Use of regional refuse disposal works by local authorities outside 297
region [Repealed]
Part 32
Land development for housing, commercial, and industrial
purposes
[Repealed]
549A United council and regional council may only act under this Part 297
in response to developments for which it may determine
development levy [Repealed]
Development of land for housing
[Repealed]
550 Council may acquire land for housing [Repealed] 297
551 Council may subdivide land [Repealed] 298
552 Council may erect or purchase or convert houses [Repealed] 298
553 Erection of flats and sale of flats [Repealed] 298
554 Council may sell or lease houses and building sections 298
[Repealed]
555 Provisions as to leases [Repealed] 298
556 Leasehold-purchase schemes [Repealed] 298
557 Leases to employees of council may be by private contract 298
[Repealed]
558 Repayment of advances and purchase money [Repealed] 298
559 Council may decline to sell or lease without giving reasons 298
[Repealed]
560 Sale or lease of land for housing [Repealed] 299
561 Council may sell or lease surplus land [Repealed] 299
562 Accounting of proceeds of sale or lease of building allotments 299
[Repealed]
Advances to financial institutions and guarantees of housing
loans
[Repealed]
563 Advances by council towards loans for housing purposes 299
[Repealed]
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564 Guarantees by council of portions of mortgages granted for 299

housing purposes [Repealed]
565 Power of council to guarantee loans for erection of flats 299
[Repealed]
566 Council may guarantee certain replacement mortgages 299
[Repealed]
567 Provisions affecting mortgages [Repealed] 299
568 Mortgages securing premium instead of interest [Repealed] 300
569 Mortgages of leases [Repealed] 300
570 Extending lending powers of financial institutions [Repealed] 300
571 Insurance fund [Repealed] 300
Commercial and industrial development
[Repealed]
572 Development, sale, or lease of land and buildings for commercial 300
or industrial purposes [Repealed]
[Repealed]
573 Validity of documents and resolutions [Repealed] 300
574 Borrowing powers of council [Repealed] 300
575 Registration of agreements for sale [Repealed] 301
Part 33
Farming and afforestation
[Repealed]
Farming
[Repealed]
575B Regional councils [Repealed] 301
576 Power to undertake farming operations [Repealed] 301
Forestry
[Repealed]
577 Power to establish, tend, and utilise forests [Repealed] 301
578 Management plans [Repealed] 301
579 Licences to take forest produce [Repealed] 302
580 Permits for temporary occupation [Repealed] 302
581 Licences for grazing and other purposes [Repealed] 302
582 Improvements effected by licensee [Repealed] 302
583 Forfeiture of licences and permits [Repealed] 302
584 Grants for research [Repealed] 302
585 Grants for destruction of pests or weeds [Repealed] 302
586 Forest bylaws [Repealed] 302
43
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Part 34
Public services
Conveyance of passengers and goods
[Repealed]
587 Territorial authority may establish services for conveyance of 303
passengers and goods [Repealed]
588 Territorial authority may establish ferry services [Repealed] 303
589 Person carrying on transport or ferry service may sell undertaking 303
to territorial authority [Repealed]
Vehicle-testing stations
[Repealed]
590 Vehicle-testing stations [Repealed] 303
Parking places and buildings and transport stations
591 Provision of parking places and buildings and transport stations 304
591A Bylaws as to parking places and transport stations [Repealed] 305
592 Territorial authority may guarantee loans for parking buildings or 305
parking spaces [Repealed]
Information centres and public relations offices
[Repealed]
593 Council may operate information centres and public relations 305
offices [Repealed]
Public relations and public information
[Repealed]
593A Power of regional council to engage in public relations and public 305
information activities [Repealed]
Promotion of tourism
[Repealed]
593B Tourism [Repealed] 306
Camping ground accommodation
[Repealed]
594 Council may operate camping grounds, cabins, huts, and motels 306
[Repealed]
Part 34A
Local authority trading enterprises and divestment of
undertakings
[Repealed]
44
Version as at
594B Definition of local authority trading enterprise [Repealed] 306

594C Transfer of existing undertaking to local authority trading 306
enterprise where local authorities have majority interest
[Repealed]
594D Transfer of existing undertaking to local authority trading 307
enterprise or other entity in which local authority will not have
majority interest [Repealed]
594E Prohibition on transfer of regulatory functions [Repealed] 307
594F Reduction of interest in local authority trading enterprise 307
[Repealed]
594G Listing on Stock Exchange only after special consultative 307
procedures followed [Repealed]
594H Ability to hold equity securities in local authority trading 307
enterprises [Repealed]
Establishment procedures
[Repealed]
594I Establishment units [Repealed] 307
594J Function of establishment units [Repealed] 307
594K Establishment plan [Repealed] 307
594L Application of Local Government Official Information and 308
Meetings Act 1987 [Repealed]
594M Establishment unit where more than 1 local authority involved 308
[Repealed]
594N Power of establishment unit in relation to divestment plan 308
[Repealed]
594O Power of local authority in relation to divestment of undertakings 308
[Repealed]
594P Effect of establishment unit determinations and recommendations 308
[Repealed]
Principal objective of local authority trading enterprise
[Repealed]
594Q Principal objective to be successful business [Repealed] 308
594QA Scope of operation of local authority trading enterprises that are 308
passenger transport companies or that may receive payments for
land transport related projects [Repealed]
594R Directors and their role [Repealed] 309
Statement of corporate intent
[Repealed]
594S Statement of corporate intent [Repealed] 309
594T Contents of statement of corporate intent [Repealed] 309
594U Completion of statement of corporate intent [Repealed] 309
594V Modifications of statement of corporate intent [Repealed] 309
45
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594W Obligation to make statement of corporate intent available 309

[Repealed]
594X Circumstances in which statement of corporate intent not required 309
[Repealed]
594Y Savings of certain transactions [Repealed] 309
594Z Reports and accounts [Repealed] 310
594ZA Protection from disclosure of sensitive information [Repealed] 310
594ZB Public availability of documents [Repealed] 310
594ZC Auditor-General to be auditor of local authority trading 310
enterprises and subsidiaries [Repealed]
594ZD Application of Act to related and associated companies 310
[Repealed]
Transfers of undertakings
[Repealed]
594ZE Transfer of leases, licences, etc, to local authority trading 310
enterprises [Repealed]
594ZF Modification of provisions of Public Works Act 1981 [Repealed] 310
594ZG Obligation to lodge caveat [Repealed] 310
594ZH Exclusion of Public Bodies Leases Act 1969 [Repealed] 311
594ZI Liabilities in respect of undertakings [Repealed] 311
594ZJ Certain matters not affected by transfer of undertaking to local 311
authority trading enterprise [Repealed]
594ZK Consequential provisions on transfer of undertaking to local 311
authority trading enterprise [Repealed]
594ZL Stamp duty exemption [Repealed] 311
594ZM Application of Income Tax Act 1994 and Goods and Services Tax 311
Act 1985 [Repealed]
594ZN Uses deemed to be permitted uses [Repealed] 311
594ZO Exclusion [Repealed] 311
594ZP Prohibition on guarantees, etc [Repealed] 312
594ZPA Restriction on lending to local authority trading enterprise 312
[Repealed]
Part 34B
Transport-related enterprises and divestment of undertakings
[Repealed]
594ZQ Interpretation [Repealed] 312
594ZR Local authority not to conduct passenger transport operation 312
[Repealed]
594ZS Directors of passenger transport companies, etc [Repealed] 312
594ZT Passenger transport companies incorporated before 312
commencement of this Part [Repealed]
594ZU Regional council not to have interest in passenger transport 312
undertaking or operation [Repealed]
46
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594ZUA Unitary authority not to have interest in passenger transport 313

undertaking or operation after 30 June 1992 [Repealed]
594ZV Divestment units [Repealed] 313
594ZW Function of divestment units [Repealed] 313
594ZX Divestment plan [Repealed] 313
594ZY Sale to territorial authorities [Repealed] 313
594ZZ Application of Local Government Official Information and 313
Meetings Act 1987 [Repealed]
594ZZA Determination and approval of regional council divestment plan 313
[Repealed]
594ZZB Passenger transport interests, undertakings, and operations to be 313
sold [Repealed]
594ZZC Duty to act in furtherance of objects of this Part [Repealed] 314
594ZZD Regional council not to enter into contracts [Repealed] 314
594ZZE Public availability of documents [Repealed] 314
594ZZF Financial assistance from National Roads Account suspended 314
[Repealed]
594ZZG Financial assistance to be identified [Repealed] 314
594ZZH Repayment of financial assistance [Repealed] 314
594ZZI Control of local authority powers in relation to passenger 314
transport operations [Repealed]
594ZZJ Supply of information [Repealed] 314
594ZZK Uses deemed to be permitted uses [Repealed] 314
Part 35
Public health and well-being
[Repealed]
595 General powers of territorial authority with respect to public 315
health and well-being [Repealed]
596 Particular powers of territorial authority with respect to public 315
health and well-being [Repealed]
597 Medical practitioners’ surgeries [Repealed] 315
Part 36
Recreation and community development
598 Council may promote community welfare [Repealed] 315
599 Council may maintain public baths, swimming baths, and bath 315
houses [Repealed]
600 Public baths, swimming baths, and bath houses to be subject to 316
bylaws [Repealed]
601 Powers of council in relation to recreation and community 316
development [Repealed]
601A Powers of council in relation to historic land or buildings 316
[Repealed]
47
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602 Information services [Repealed] 316

603 Entertainments on Sunday, Good Friday, or Christmas Day 316
[Repealed]
Community centres
[Repealed]
605 Council may provide or contribute towards establishment and 316
maintenance of community centres [Repealed]
606 Community centre areas [Repealed] 316
607 Joint community centre area [Repealed] 317
608 Control and management of community centre [Repealed] 317
609 Finance [Repealed] 317
610 Electors may petition for and participate in poll relating to 317
uniform fee for community centre [Repealed]
611 Charge on certain rateable property [Repealed] 317
612 Fee or charge in respect of dwelling units owned by Crown 317
[Repealed]
614 Community centre area a defined part of district [Repealed] 317
615 Powers conferred by other Acts not affected [Repealed] 317
Boat havens
[Repealed]
616 Construction or maintenance of boat haven [Repealed] 318
Local and regional reserves
[Repealed]
617 Council may borrow for improvement of public reserves 318
managed and controlled by it [Repealed]
618 Surplus money appropriated for any reserve may be expended on 318
other reserves [Repealed]
619 Powers of Wellington Regional Council in relation to regional 318
parks and reserves [Repealed]
619A Auckland catchment land [Repealed] 318
619B Auckland regional parks and reserves [Repealed] 318
619C Wellington regional parks [Repealed] 319
619D Management plans for regional parks [Repealed] 319
619E Contents of management plans [Repealed] 319
619F Public notice of preparation of first management plan [Repealed] 319
619G Public notice of draft management plan [Repealed] 319
619H Obligation to consider submissions and make amendments 319
[Repealed]
619I Review and change of management plans [Repealed] 319
48
Version as at
Tree planting, gardens, and lawns

[Repealed]
620 Council may expend money for tree planting [Repealed] 319
621 Gardens and lawns [Repealed] 320
Part 37
Buildings
[Repealed]
622 Council defined [Repealed] 320
Dangerous, deserted and dilapidated buildings
[Repealed]
623 Powers of council with respect to dangerous, deserted, ruinous, 320
and dilapidated buildings [Repealed]
624 Powers of council with respect to buildings likely to be dangerous 320
in moderate earthquake [Repealed]
625 Appeal to High Court [Repealed] 320
626 Cost incurred to be a charge on land [Repealed] 320
Buildings for public meetings
[Repealed]
628 Buildings for public meetings, etc, to be licensed and inspected 321
[Repealed]
629 Register of licensed buildings [Repealed] 321
630 Inspection of licensed buildings [Repealed] 321
631 Passages in and exits from licensed public buildings to be kept 321
clear [Repealed]
632 Regulations for protection of public from danger from fire or 321
other emergency in theatres, etc [Repealed]
633 Cancellation or suspension of licence [Repealed] 321
634 Penalty for using unlicensed building [Repealed] 321
635 Further provisions with respect to licensing of buildings for 321
public meetings, etc [Repealed]
Apartment buildings and residential institutions
[Repealed]
636 Apartment buildings and residential institutions to be licensed 322
[Repealed]
636A Inspection of residential institution where disabled person resides 322
[Repealed]
Fire prevention and safety in factories
[Repealed]
49
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636C Application to the Crown [Repealed] 322

636D Factories to have fire safety certificates [Repealed] 322
636E Changes to factory premises, staffing, or activities after fire safety 322
certificate issued [Repealed]
636F Occupier of factory to maintain means of escape and fire alarm 322
system [Repealed]
636G Provision of fire-fighting equipment [Repealed] 322
636H Powers of entry and inspection to ensure compliance with fire 323
bylaws and requirements [Repealed]
636I Objections against notices or requirements [Repealed] 323
636J Appeals against notices or requirements [Repealed] 323
636K Notices served by council to be suspended pending determination 323
of appeal [Repealed]
636L Offences [Repealed] 323
636M Penalties [Repealed] 323
636N Power to order contravention to be remedied [Repealed] 323
636O Procedure relating to offences [Repealed] 323
636P Fire safety certificates issued under Factories Act 1946 to 323
continue in force [Repealed]
Preventing overcrowding
[Repealed]
637 Overcrowding of buildings [Repealed] 324
638 Illegal occupation of building [Repealed] 324
639 Removal of building illegally erected, etc [Repealed] 324
[Repealed]
640 Design and construction of buildings to resist earthquake shocks 324
[Repealed]
641 Refusal of building permit [Repealed] 324
641A Power to issue building permit where land subject to erosion, 324
subsidence, slippage, or inundation [Repealed]
641B Giving of security [Repealed] 324
641C Objections and appeals [Repealed] 324
641D Notification to the Crown [Repealed] 325
642 Temporary buildings [Repealed] 325
643 Permit for erection of building on 2 or more allotments 325
[Repealed]
644 Thermal insulation of new residential buildings [Repealed] 325
Part 38
Urban renewal
[Repealed]
50
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644B Council may undertake urban renewal [Repealed] 325

644C Notice of urban renewal to be given [Repealed] 325
644D Provisions as to subdivisions and development to be complied 325
with [Repealed]
644E Advances by council to owners [Repealed] 326
644F Acquisition of land by council where house unfit for habitation or 326
area below minimum [Repealed]
Part 39
Prevention of fires
646 Fire prevention [Repealed] 326
647 Fire hydrants 326
648 Pipes to be kept charged with water 327
649 Council to make bylaws in respect of prevention of spread of fires 327
involving vegetation [Repealed]
650 Removal of scrub, etc, likely to constitute a fire hazard 328
[Repealed]
Part 39A
Navigation
[Repealed]
650A Councils may carry out harbour works [Repealed] 328
650B Appointment of harbourmasters, enforcement officers, and 328
honorary officers [Repealed]
650C General powers of harbourmasters and enforcement officers 328
[Repealed]
650D Harbourmaster may remove ships [Repealed] 328
650E Harbourmasters and others may regulate some navigation 328
activities [Repealed]
650F Application of section 710 and other requirements [Repealed] 328
650G Offence [Repealed] 329
650H Freedom of passage for officers of Customs, etc [Repealed] 329
650I Crown harbours and facilities [Repealed] 329
650J Delegation or transfer of council’s functions, duties, or powers 329
under this Part [Repealed]
Wreck
[Repealed]
650K Removal of wreck [Repealed] 329
Part 40
Miscellaneous powers
[Repealed]
51
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Markets and weighing machines

[Repealed]
652 Council may provide market places [Repealed] 330
653 Council may fix market charges [Repealed] 330
654 Recovery of market charges [Repealed] 330
655 Council may provide public weighing machines [Repealed] 330
Harbour works and navigation
[Repealed]
656 Powers of council with respect to harbour works to be exercised 330
subject to Harbours Act 1950 [Repealed]
Telegraphs, telephones, and electric lines
[Repealed]
657 Telegraphs and telephones [Repealed] 330
658 Underground telephone and electric lines [Repealed] 331
[Repealed]
659 Council may sell coal, coke, and firewood [Repealed] 331
660 Road metal and lime [Repealed] 331
661 Stock dips [Repealed] 331
662 Stock paddocks [Repealed] 331
663 Council may install, light, and maintain public clocks [Repealed] 331
664 Council may contribute towards cemeteries and crematoria not 331
vested in council [Repealed]
664A Regional councils may contribute to works of constituent 331
authorities [Repealed]
Part 41
Functions and powers of district community councils and
community councils
[Repealed]
665 Functions and powers of district community councils [Repealed] 332
666 Delegated functions and powers of community councils 332
[Repealed]
667 Community council to be a committee of territorial authority 332
[Repealed]
668 Powers of territorial authority as to improvement and 332
development works in communities [Repealed]
669 Advances and grants for development works in communities 332
[Repealed]
52
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Part 42
Private works
[Repealed]
670 Order for execution of private works [Repealed] 332
671 Duties of occupier [Repealed] 333
672 Occupier may act if owner of premises makes default [Repealed] 333
673 Council may agree with owner to execute drainage and other 333
works on private land [Repealed]
674 Advances by council to land owners to meet emergency 333
expenditure [Repealed]
675 Grants and advances for conversion of domestic fires or 333
installation of electric domestic heating [Repealed]
675A Council may advance to owner of premises in clean air zone cost 333
of installing electric domestic heating [Repealed]
676 Council may execute works on default by owner or occupier 333
[Repealed]
677 Recovery of cost of works by council [Repealed] 333
678 Amounts payable in respect of private land [Repealed] 334
Part 43
Bylaws
[Repealed]
679 This Part to be subject to Bylaws Act 1910 [Repealed] 334
680 Application of Part 43 [Repealed] 334
681 Procedure for making bylaws [Repealed] 334
682 General provisions as to bylaws [Repealed] 334
683 Penalty for breach of bylaws [Repealed] 334
684AA Certain provisions of Local Government Act 2002 to apply to 334
bylaws made under this Act [Repealed]
684 Subject matter of bylaws [Repealed] 335
684A Effect of Building Act 1991 on bylaws [Repealed] 335
Navigation bylaws
[Repealed]
684B Bylaws relating to navigation and related activities [Repealed] 335
684C Navigation bylaws not to affect port operations [Repealed] 335
684D No marine pollution charges [Repealed] 335
684E General provisions relating to navigation bylaws [Repealed] 335
684F Council must consult Director [Repealed] 335
685 Licences to hawkers and pedlars [Repealed] 335
686 Bylaws as to billiard rooms, amusement galleries, and shooting 336
galleries [Repealed]
687 Enforcement and administration of regional bylaws [Repealed] 336
688 Metric conversions of bylaws [Repealed] 336
53
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689 Council to provide copies of bylaws [Repealed] 336

690 Power to join with other bodies to make bylaws [Repealed] 336
690A Prescription of fees by bylaw or by resolution [Repealed] 336
691 Regulations applying to outlying islands not included in district 336
of territorial authority [Repealed]
692 Removal of works executed contrary to bylaws [Repealed] 336
Part 43A
Commissioner for Disaster Recovery
[Repealed]
692B Commissioner for Disaster Recovery [Repealed] 337
692C Deputy Commissioner for Disaster Recovery [Repealed] 337
692D Functions of Commissioner [Repealed] 337
692E Commissioner to exercise and perform powers, functions, and 337
duties of local authority [Repealed]
692F Powers, functions, and duties of Deputy Commissioner 337
[Repealed]
692G Commissioner and Deputy Commissioner not to be personally 337
liable [Repealed]
692H Local authority and members not to act while Commissioner in 337
office [Repealed]
692I Appointment and function of advisory committee [Repealed] 338
692J Advances and guarantees of advances to Commissioner 338
[Repealed]
692K Remuneration and expenses [Repealed] 338
Part 43B
Ministerial reviews of local authorities
[Repealed]
692L Interpretation [Repealed] 338
692M Power of Minister to initiate review [Repealed] 338
692N Requirement to consult [Repealed] 338
692O Decision in relation to reviews [Repealed] 338
692P Appointment of review authority [Repealed] 338
692Q Notice of review to be published in Gazette [Repealed] 339
692R Remuneration [Repealed] 339
692S Procedure [Repealed] 339
692T Action on receipt of report [Repealed] 339
692U Implementation of recommendations [Repealed] 339
692V Minister may provide for implementation of recommendations 339
[Repealed]
692W Implementation of recommendations for appointment of 339
commission [Repealed]
692X Membership of commission [Repealed] 339
54
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692Y Powers of commission [Repealed] 339

692Z General provisions relating to commission [Repealed] 340
692ZA Members not to act while commission in office [Repealed] 340
692ZB Publication of report [Repealed] 340
Part 43C
Removal orders
[Repealed]
Application for removal order
[Repealed]
692ZC Interpretation [Repealed] 340
692ZD Application for removal order [Repealed] 340
692ZE Evidence of convictions [Repealed] 340
692ZF Form of removal order [Repealed] 340
Objection to removal order
[Repealed]
692ZG Notice of objection [Repealed] 341
692ZH Vexatious objections [Repealed] 341
692ZI Court may confirm, vary, or discharge order [Repealed] 341
692ZJ Appeal to High Court final [Repealed] 341
Compliance with removal order
[Repealed]
692ZK Compliance with removal order [Repealed] 341
692ZL No civil proceedings against person executing removal order 341
[Repealed]
[Repealed]
692ZM Relationship with Fencing Act 1978 [Repealed] 342
692ZN Rules of court [Repealed] 342
Part 44
Offences and legal proceedings
Offences
693 Obstruction of member or officer or agent of council [Repealed] 342
694 Wilful or negligent destruction of or damage to works or property 342
[Repealed]
695 Recovery of amount of destruction, damage, etc, to works or 342
property [Repealed]
695A Removal of fences, structures, and vegetation [Repealed] 342
696 Coat of Arms [Repealed] 343
697 Default in compliance with Act, or direction given pursuant to 343
Act [Repealed]
55
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698 General penalty 343

699 Time for filing charging document 344
699A Infringement offences relating to navigation bylaws [Repealed] 344
699B Commission of infringement offence [Repealed] 344
699C Infringement notices [Repealed] 344
699D Entitlement to infringement fees [Repealed] 344
Legal proceedings
[Repealed]
700 Judges, District Court Judges, and Justices not disqualified as 344
being ratepayers [Repealed]
701 Proceedings in District Court, etc [Repealed] 344
702 Service of legal proceedings on council [Repealed] 345
703 Valuation roll to be evidence as to owner or occupier [Repealed] 345
704 Evidence that works or property vested in or under control of 345
council [Repealed]
705 Recovery of debts [Repealed] 345
706 Members may be required to pay costs of proceedings in certain 345
cases [Repealed]
Recovery of losses incurred by local authorities
[Repealed]
706A Report by Auditor-General on loss incurred by local authority 345
[Repealed]
706B Local authority to respond to Auditor-General [Repealed] 345
706C Members of local authority liable for loss [Repealed] 345
General provisions
[Repealed]
707 Council may make compositions [Repealed] 346
Part 44A
Special provisions applying to Auckland Regional Authority
[Repealed]
707A Application of provisions to Auckland Regional Council 346
[Repealed]
707AA Residual powers of Auckland Regional Council [Repealed] 346
707C Membership of Auckland Regional Authority [Repealed] 346
707D Auckland Regional Authority elections [Repealed] 346
707E Extraordinary vacancies [Repealed] 346
707F Compilation of electoral roll [Repealed] 347
707G Roll to be available for public inspection [Repealed] 347
707H Application for registration as a parliamentary elector [Repealed] 347
707I Completion of roll [Repealed] 347
56
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707J Amendments to roll [Repealed] 347

707K When roll in force [Repealed] 347
707L Proof of roll [Repealed] 347
707M Roll for by-elections [Repealed] 347
Part 44B
Auckland Regional Services Trust
[Repealed]
707N Interpretation [Repealed] 348
[Repealed]
707O Constitution of Trust [Repealed] 348
707P Establishment of Trust [Repealed] 348
Transfer of specified assets and specified liabilities to Trust
[Repealed]
707Q Preparation of plan for vesting of specified assets and specified 348
liabilities in Trust [Repealed]
707QA Special provisions in relation to transfers of assets and liabilities 348
to Watercare Services Limited and Regional Forests Limited
[Repealed]
707QB Prohibition on sale or other disposition of water services assets 349
and shares in Watercare Services Limited [Repealed]
707R Vesting of assets and liabilities in Trust [Repealed] 349
707S Certain matters not affected by transfer of specified assets or 349
specified liabilities to Trust [Repealed]
707T Provisions relating to transfer of specified assets and specified 349
liabilities to Trust [Repealed]
707U Transfer of regulatory powers not authorised [Repealed] 349
707UA Divestment of assets in transport-related enterprises to be subject 349
to Part 34B [Repealed]
707V Stamp duty exemption [Repealed] 349
707W Taxation [Repealed] 349
707X Taxes and duties [Repealed] 350
707Y Uses deemed to be permitted uses [Repealed] 350
707Z Modification of provisions of Public Works Act 1981 [Repealed] 350
707ZA Obligation to lodge caveat [Repealed] 350
707ZB Exclusions [Repealed] 350
707ZC Reduction in functions, duties, and powers of Auckland Regional 350
Council [Repealed]
707ZD Continuous service of transferred employees [Repealed] 350
707ZE Maintenance of conditions of employment [Repealed] 350
707ZEA Restrictions on compensation for redundancy [Repealed] 350
707ZF Water services [Repealed] 351
57
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707ZG Refusal disposal sites [Repealed] 351

707ZH Properties and funds acquired from Auckland Harbour Board 351
[Repealed]
707ZI Special obligation of Trust in relation to carrying out of its work 351
and functions [Repealed]
Functions of Trust
[Repealed]
707ZJ Functions of Trust [Repealed] 351
707ZJA Functions in relation to America’s Cup [Repealed] 351
707ZJB Management of assets [Repealed] 351
707ZJC Obligation of Trust to report annually on assets owned by it 351
[Repealed]
707ZJD Power to dispose of assets [Repealed] 352
707ZJE Effect of sections 707ZJA to 707ZJD [Repealed] 352
707ZK Trust to be local authority for certain purposes [Repealed] 352
Elections
[Repealed]
707ZL Election of members of Trust [Repealed] 352
707ZM First election of members [Repealed] 352
Chief executive
[Repealed]
707ZN Special provision in respect of appointment by Auckland 352
Regional Council of chief executive of Trust [Repealed]
[Repealed]
707ZO Conduct of affairs [Repealed] 353
707ZP Annual report to public concerning plans [Repealed] 353
707ZQ Annual report to public concerning performance [Repealed] 353
707ZR Audit Office to be auditor [Repealed] 353
Funding
[Repealed]
707ZS Funding [Repealed] 353
707ZT Establishment costs [Repealed] 353
707ZU Application of revenue [Repealed] 353
707ZV Rating for funding of Trust [Repealed] 354
707ZVA Power of Auckland Regional Council to rate in respect of 354
retained liabilities [Repealed]
58
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Community Trust
[Repealed]
707ZW Establishment of Community Trust [Repealed] 354
707ZX Trustees [Repealed] 354
707ZY Disqualification from appointment [Repealed] 354
707ZZ Term of appointment [Repealed] 354
707ZZA Purposes of Community Trust [Repealed] 354
707ZZB Financial statements [Repealed] 354
707ZZC Trustees to hold public meeting [Repealed] 355
707ZZD Matters to be included in trust deed [Repealed] 355
707ZZE Trust deed not to be inconsistent with provisions of this Act 355
[Repealed]
707ZZF Application of Trustee Act 1956 [Repealed] 355
Achievement of objects
[Repealed]
707ZZG Duty to act in furtherance of this Part [Repealed] 355
Part 44C
Infrastructure Auckland
[Repealed]
707ZZH Commencement [Repealed] 355
707ZZI Interpretation [Repealed] 356
707ZZJ Constitution of Infrastructure Auckland [Repealed] 356
707ZZK Principal function of Infrastructure Auckland [Repealed] 356
707ZZL Grants [Repealed] 356
707ZZM Special obligations of Infrastructure Auckland [Repealed] 356
707ZZN Additional special obligation of Infrastructure Auckland in 356
respect of Ports of Auckland Limited [Repealed]
707ZZO Membership of Infrastructure Auckland [Repealed] 356
707ZZP Infrastructure Auckland to be local authority for certain purposes 356
[Repealed]
707ZZQ Statement of corporate intent [Repealed] 356
707ZZR Transport-related enterprises [Repealed] 357
707ZZS Electoral College [Repealed] 357
707ZZT Functions of Electoral College [Repealed] 357
707ZZU Appointment of members of Infrastructure Auckland [Repealed] 357
707ZZV Members of Electoral College [Repealed] 357
707ZZW Alternate members of Electoral College [Repealed] 357
707ZZX Chairperson of Electoral College [Repealed] 357
707ZZY Meetings of Electoral College [Repealed] 357
707ZZZ Infrastructure Auckland deed [Repealed] 357
707ZZZA Contents of Infrastructure Auckland deed [Repealed] 358
707ZZZB Long-term funding plan [Repealed] 358
59
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707ZZZC Proceedings of Infrastructure Auckland [Repealed] 358

[Repealed]
707ZZZD Conduct of affairs [Repealed] 358
707ZZZE Annual plan [Repealed] 358
707ZZZF Annual policy in relation to grants [Repealed] 358
707ZZZG Annual report [Repealed] 358
707ZZZH Exemption for listed companies [Repealed] 358
America’s Cup
[Repealed]
707ZZZI Functions in relation to America’s Cup [Repealed] 359
707ZZZJ Obligation to report annually on assets [Repealed] 359
707ZZZK Power to dispose of shares [Repealed] 359
Dissolution of Auckland Regional Services Trust
[Repealed]
707ZZZL Dissolution of Auckland Regional Services Trust [Repealed] 359
707ZZZL Transfer of money subject to trust [Repealed] 359
A
707ZZZM Taxes and duties [Repealed] 359
707ZZZN Modification of provisions of Public Works Act 1981 [Repealed] 359
707ZZZO Obligation to lodge caveat [Repealed] 360
707ZZZP Employees [Repealed] 360
707ZZZQ Final accounts of Auckland Regional Services Trust [Repealed] 360
707ZZZR Vesting of shares in Watercare Services Limited [Repealed] 360
707ZZZS Water services [Repealed] 360
707ZZZT Auckland Regional Council allowed certain deductions for tax 360
purposes [Repealed]
707ZZZU Expiry [Repealed] 360
Dissolution of Regional Treasury Management Limited
[Repealed]
707ZZZV Dissolution of Regional Treasury Management Limited 360
[Repealed]
707ZZZW Final accounts of Regional Treasury Management Limited 361
[Repealed]
707ZZZX Taxes and duties [Repealed] 361
[Repealed]
707ZZZY Certain matters not affected by this Part [Repealed] 361
707ZZZZ Provisions relating to vesting of assets and liabilities in 361
Infrastructure Auckland [Repealed]
60
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707ZZZZ Registers [Repealed] 361

A
Transitional provisions
[Repealed]
707ZZZZ Initial membership of Infrastructure Auckland [Repealed] 361
B
707ZZZZ Membership of Infrastructure Auckland in period beginning on 362
C 1 July 1999 and ending with 31 December 1999 [Repealed]
707ZZZZ Membership of Infrastructure Auckland in period beginning on 362
D 1 January 2000 and ending with 30 June 2001 [Repealed]
707ZZZZ Power to resign [Repealed] 362
E
707ZZZZ Extraordinary vacancies [Repealed] 362
F
707ZZZZ Chairperson of Infrastructure Auckland [Repealed] 362
G
Part 44D
Westport Harbour
[Repealed]
707ZZZZ Harbour assets vested in Buller District Council [Repealed] 362
H
Part 45
[Repealed]
Works on private land
[Repealed]
708 Works on private land [Repealed] 363
708A Power of entry [Repealed] 363
709 Examination of appliances and equipment [Repealed] 363
Prohibition of vehicles and consumption or possession of liquor
in public places
[Repealed]
709A Prohibition of vehicles and consumption or possession of 363
intoxicating liquor in public place [Repealed]
709C Further power to prohibit vehicles and liquor in public places 364
[Repealed]
709D Exceptions to prohibition for residents and their visitors 364
[Repealed]
709E Exceptions to prohibition for licensed premises [Repealed] 364
61
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709F Public notice [Repealed] 364

709G Offences [Repealed] 364
709H Powers of arrest, search, and seizure [Repealed] 364
General provisions
[Repealed]
710 Authority to act [Repealed] 364
711 Penalty for acting without warrant [Repealed] 364
712 Resignations from office [Repealed] 365
713 Chairman compellable to give information [Repealed] 365
714 Delegation of Minister’s or Secretary’s powers [Repealed] 365
715 Delegation of powers by council [Repealed] 365
716 Delegation of powers by officers [Repealed] 365
716A Special consultative procedure [Repealed] 365
Special orders
[Repealed]
716B Special orders [Repealed] 365
716C Evidence of special order [Repealed] 365
716D Time within which proceedings to quash special order must be 366
commenced [Repealed]
717 Application of provisions to Auckland Regional District 366
[Repealed]
718 Application of Act to County of Fiord [Repealed] 366
719 In certain cases Governor-General may validate proceedings or 366
may extend time for doing anything [Repealed]
720 Misnomer, etc, not to prevent operation of Act [Repealed] 366
721 Appointment of person to exercise powers and functions of 366
council [Repealed]
722 Annual report [Repealed] 366
723 Regulations [Repealed] 366
724 Application of Act to Crown [Repealed] 367
725 Consequential amendments [Repealed] 367
726 Repeals, revocation, and savings [Repealed] 367
Schedule 1 368
Local authorities
[Repealed]
Schedule 1A 368
Classes of local authorities for the purposes of sections 214 to
214M
[Repealed]
62
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Schedule 2 368
Matters which (where applicable) Local Government
Commission shall provide for in scheme in addition to
matters specified in section 35(1)
[Repealed]
Schedule 3 368
Payments on transfer of trading undertaking from a
territorial authority to a regional or united council
[Repealed]
Schedule 3A 368
Provisions relating to Commission
[Repealed]
Schedule 3B 369
Provisions for giving effect to reorganisation schemes
[Repealed]
Schedule 4 369
Declaration by mayor or chairperson or member
[Repealed]
Schedule 4A 369
Classes of local authorities for the purposes of Part 4C
[Repealed]
Schedule 5 369
Procedure for classification of lands for purposes of making
and levying water race or rural drainage rates
[Repealed]
Schedule 5A 369
Form relating to lump sum contributions
[Repealed]
Schedule 6 370
Scales of local authorities fuel tax
Schedule 7 371
Schedule 8 373
Notice of imposition or alteration of local authorities fuel tax
Schedule 9 373
Tenders and contracts
[Repealed]
63
Version as at
Schedule 10 374
Conditions as to stopping of roads and the temporary
prohibition of traffic on roads
Schedule 11 378
Width of roads, access ways, and service lanes
[Expired]
Schedule 12 379
Schedule 13 381
Conditions of fixing levels of roads
Schedule 14 382
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 15 383
Conditions as to use of buildings for public meetings, and for
other purposes
[Repealed]
Schedule 16 383
Conditions of constructing or undertaking works on private
land
[Repealed]
Schedule 17 383
Acts under which functions, powers, and duties are conferred
or imposed on Minister of Local Government and Secretary
for Local Government
[Repealed]
Schedule 17A 383
Provisions relating to Auckland Regional Services Trust
[Repealed]
Schedule 17B 383
Provisions relating to Infrastructure Auckland
[Repealed]
Schedule 18 384
Enactments amended
[Repealed]
Schedule 19 384
Enactments repealed
[Repealed]
64
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1 July 2022 Local Government Act 1974 s2
An Act to consolidate and amend the law relating to the reorganisation of the
districts and functions of local authorities, to make better provision for the
administration of those functions which can most effectively be carried out on a
regional basis, and to make provision for the establishment of united councils,
regional councils, district councils, district community councils, and community
councils and to consolidate and amend the Municipal Corporations Act 1954, the
Counties Act 1956, the Local Authorities (Petroleum Tax) Act 1970, and provi‐
sions of other Acts of the Parliament of New Zealand relating to the powers and
functions of regional councils, united councils, and territorial local authorities
Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986
No 114).
Title: amended, on 12 December 1979, by section 7(1) of the Local Government Amendment Act
1979 (1979 No 59).
1 Short Title and commencement

(1) This Act may be cited as the Local Government Act 1974.
(2) Section 138(2) and so much of Schedule 3 as relates to the Local Authorities
(Petroleum Tax) Act 1970 shall come into force on 1 April 1975.
(3) Except as provided in subsection (2), this Act shall come into force on
1 December 1974.
2 Interpretation
(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 indus‐
trial allotment and commercial or industrial building have meanings corres‐
ponding to the meaning of the term commercial or industrial purpose
65
Version as at
s2 Local Government Act 1974 1 July 2022
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—
(a) 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
(b) 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 territor‐
ial 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 exe‐
cution, 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 hold‐
ing 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 meaning as in section 2 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 coun‐
cil; and includes any person for the time being appointed by the council to per‐
form the duties of engineer thereto
Environment Court means the Environment Court as defined in 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 poul‐
try or other livestock; and farming and farming purposes have corresponding
meanings
66
Version as at
final scheme means a final scheme under Part 1; and includes a final reorgan‐
isation scheme prepared under section 15B
financial year means—
(a) in relation to any period before 1 April 1990, a period of 12 months end‐
ing with 31 March:
(b) in relation to the period commencing on 1 April 1990 and ending with
30 June 1990, that period of 3 months:
(c) 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—
(a) 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
(b) in relation to matters for which no provision is made in approved finan‐
cial 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—
(i) are appropriate to the local authority or local authority trading
enterprise, as the case may be; and
(ii) 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 neces‐
sary 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 Govern‐
ment Act 2002
maritime facilities includes moorings, wharves, docks, quays, marinas, areas
or places where vessels are maintained, launching ramps, and other launching
facilities
67
Version as at
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 Mari‐
time 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 phys‐
ical 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 desig‐
nation given to that officer; and includes any person for the time being appoin‐
ted by the local authority to perform the duties or a particular duty of the prin‐
cipal 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
68
Version as at
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—
(a) a notice published in a newspaper circulating generally in the district to
which the subject matter of the notice relates; or
(b) 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;—
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
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—
(a) a regional council is constituted; or
(b) a territorial authority has, pursuant to section 37N, authority to exercise
the functions, duties, and powers of a regional council
regional council—
(a) has the same meaning as in section 5(1) of the Local Government Act
2002; and
(b) 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
69
Version as at
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 Gov‐
ernment 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 dis‐
trict 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—
(a) 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
(ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol‐
lowing Monday; and
(b) a day in the period commencing with 25 December in any year and end‐
ing with 15 January in the following year.
(2) The Governor-General may, from time to time, by Order in Council,—
(a) 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:
(b) 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.
(3) [Repealed]
(4) 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
70
Version as at
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 fea‐
ture.
(5) 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.
(6) 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.
Compare: 1967 No 134 s 2
Section 2(1) Act: inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment
Act 1979 (1979 No 59).
Section 2(1) adjusted net capital value: replaced, on 29 June 1988, by section 208(1) of the Rating
Powers Act 1988 (1988 No 97).
Section 2(1) administering authority: repealed, on 1 November 1989, by section 2(16) of the Local
Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) annual plan: inserted, on 27 July 1996, by section 2 of the Local Government Amend‐
ment Act (No 3) 1996 (1996 No 83).
Section 2(1) annual report: inserted, on 27 July 1996, by section 2 of the Local Government
Amendment Act (No 3) 1996 (1996 No 83).
Section 2(1) borough: repealed, on 1 November 1989, by section 2(16) of the Local Government
Section 2(1) borough council: repealed, on 1 November 1989, by section 2(16) of the Local Govern‐
ment Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) building consent: inserted, on 1 July 1992, by section 92(1) of the Building Act 1991
(1991 No 150).
Section 2(1) building consent: amended, on 31 March 2005, by section 414 of the Building Act
2004 (2004 No 72).
Section 2(1) capital value: inserted, on 1 April 1978, by section 7(2) of the Local Government
Section 2(1) capital value: amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act
1998 (1998 No 69).
Section 2(1) chairman: repealed, on 1 November 1989, by section 2(1) of the Local Government
Section 2(1) chairperson: inserted, on 1 November 1989, by section 2(1) of the Local Government
Section 2(1) clerk: repealed, on 1 April 1978, by section 7(2) of the Local Government Amendment
Act (No 3) 1977 (1977 No 122).
Section 2(1) commercial or industrial purpose: inserted, on 1 April 1980, by section 8(1) of the
Local Government Amendment Act 1979 (1979 No 59).
Section 2(1) community: replaced, on 1 November 1989, by section 2(2) of the Local Government
71
Version as at
Section 2(1) community board: inserted, on 1 November 1989, by section 2(3) of the Local Govern‐
Section 2(1) community council: repealed, on 1 November 1989, by section 2(3) of the Local Gov‐
ernment Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) constituency: replaced, on 1 July 1992, by section 2(1) of the Local Government
Amendment Act 1992 (1992 No 42).
Section 2(1) constituent district: replaced, on 1 July 1992, by section 2(2) of the Local Government
Section 2(1) construction: inserted, on 1 April 1980, by section 8(1) of the Local Government
Section 2(1) council: replaced, on 1 July 1992, by section 2(3) of the Local Government Amendment
Act 1992 (1992 No 42).
Section 2(1) county: repealed, on 1 November 1989, by section 2(16) of the Local Government
Section 2(1) Crown health enterprise: repealed, on 1 July 1998, by section 5(4) of the Health and
Disability Services Amendment Act 1998 (1998 No 74).
Section 2(1) debt security: inserted, on 1 November 1989, by section 2(4) of the Local Government
Section 2(1) Director of Maritime New Zealand: inserted, on 1 July 2005, by section 11(3) of the
Maritime Transport Amendment Act 2004 (2004 No 98).
Section 2(1) Director of Maritime Safety: repealed, on 1 July 2005, by section 11(3) of the Mari‐
time Transport Amendment Act 2004 (2004 No 98).
Section 2(1) District Commissioner of Works: repealed, on 1 April 1988, by section 2(1)(a) of the
Local Government Amendment Act 1988 (1988 No 71).
Section 2(1) district community council: repealed, on 1 November 1989, by section 2(16) of the
Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) district council: amended, on 1 November 1989, by section 2(15)(a) of the Local Gov‐
Section 2(1) district health board: repealed, on 1 July 2022, by section 104 of the Pae Ora (Healthy
Futures) Act 2022 (2022 No 30).
Section 2(1) district plan, operative: inserted, on 1 October 1991, by section 362 of the Resource
Management Act 1991 (1991 No 69).
Section 2(1) district scheme, operative: repealed, on 1 October 1991, by section 362 of the
Resource Management Act 1991 (1991 No 69).
Section 2(1) divided district: repealed, on 1 November 1989, by section 2(16) of the Local Govern‐
Section 2(1) elector: replaced, on 17 June 1986, by section 2(1) of the Local Government Amend‐
ment Act 1986 (1986 No 21).
Section 2(1) elector: amended, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
Section 2(1) engineer: inserted, on 1 April 1978, by section 7(2) of the Local Government Amend‐
ment Act (No 3) 1977 (1977 No 122).
Section 2(1) Environment Court: inserted, on 2 September 1996, pursuant to section 6(2)(a) of the
Resource Management Amendment Act 1996 (1996 No 160).
Section 2(1) equity security: inserted, on 1 November 1989, by section 2(5) of the Local Govern‐
Section 2(1) farm land: inserted, on 1 April 1979, by section 3(2) of the Local Government Amend‐
ment Act 1978 (1978 No 43).
72
Version as at
Section 2(1) final scheme: replaced, on 6 June 1989, by section 2(6) of the Local Government
Section 2(1) financial year: replaced, on 1 November 1989, by section 2(7) of the Local Government
Section 2(1) formation: inserted, on 30 March 1985, by section 2(1) of the Local Government
Section 2(1) general election: replaced, on 1 July 2001, by section 151 of the Local Electoral Act
2001 (2001 No 35).
Section 2(1) general revenues: inserted, on 1 July 1992, by section 2(4) of the Local Government
Section 2(1) general revenues: amended, on 1 July 1998, pursuant to section 17(1) of the Local Gov‐
Section 2(1) generally accepted accounting practice: inserted, on 27 July 1996, by section 2 of the
Local Government Amendment Act (No 3) 1996 (1996 No 83).
Section 2(1) government road: inserted, on 1 April 1979, by section 3(2) of the Local Government
Section 2(1) hospital and health service: repealed, on 1 January 2001, by section 111(1) of the New
Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 2(1) laying out: inserted, on 30 March 1985, by section 2(2) of the Local Government
Section 2(1) local authority: replaced, on 7 July 2004, by section 3(1) of the Local Government Act
1974 Amendment Act 2004 (2004 No 64).
Section 2(1) maritime facilities: inserted, on 29 April 1999, by section 2(1) of the Local Govern‐
Section 2(1) Maritime New Zealand: inserted, on 1 July 2005, by section 11(3) of the Maritime
Transport Amendment Act 2004 (2004 No 98).
Section 2(1) maritime rules: inserted, on 29 April 1999, by section 2(1) of the Local Government
Section 2(1) Maritime Safety Authority: repealed, on 1 July 2005, by section 11(3) of the Maritime
Transport Amendment Act 2004 (2004 No 98).
Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health
Practitioners Competence Assurance Act 2003 (2003 No 48).
Section 2(1) member: replaced, on 1 November 1989, by section 2(9) of the Local Government
Section 2(1) navigation bylaws: inserted, on 29 April 1999, by section 2(1) of the Local Government
Section 2(1) navigational aid: inserted, on 29 April 1999, by section 2(1) of the Local Government
Section 2(1) net capital value: inserted, on 1 April 1978, by section 7(2) of the Local Government
Section 2(1) occupier: inserted, on 1 April 1978, by section 7(2) of the Local Government Amend‐
ment Act (No 3) 1977 (1977 No 122).
Section 2(1) out-district: repealed, on 1 November 1989, by section 2(16) of the Local Government
Section 2(1) owner: inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment
Act (No 3) 1977 (1977 No 122).
Section 2(1) parliamentary elector: inserted, on 17 June 1986, by section 2(2) of the Local Govern‐
ment Amendment Act 1986 (1986 No 21).
73
Version as at
Section 2(1) parliamentary elector: amended, on 1 July 1994, pursuant to section 284 of the Elect‐
oral Act 1993 (1993 No 87).
Section 2(1) Planning Tribunal: repealed, on 2 September 1996, pursuant to section 6(2)(a) of the
Resource Management Amendment Act 1996 (1996 No 160).
Section 2(1) pleasure craft: inserted, on 29 April 1999, by section 2(1) of the Local Government
Section 2(1) polling day: inserted, on 17 June 1986, by section 2(3) of the Local Government
Section 2(1) pollutant: inserted, on 1 April 1980, by section 8(1) of the Local Government Amend‐
ment Act 1979 (1979 No 59).
Section 2(1) principal administrative officer: replaced, on 1 November 1989, by section 2(10) of
the Local Government Amendment Act (No 2) 1989 (1989 No 29).
Section 2(1) principal authority: repealed, on 25 November 1976, by section 7(2)(a) of the Local
Government Amendment Act 1976 (1976 No 55).
Section 2(1) principal local authority: inserted, on 1 November 1989, by section 2(10) of the Local
Section 2(1) principal officer: repealed, on 19 January 1981, by section 2(1) of the Local Govern‐
Section 2(1) property: inserted, on 1 April 1978, by section 7(2) of the Local Government Amend‐
ment Act (No 3) 1977 (1977 No 122).
Section 2(1) public notice: replaced, on 1 July 1992, by section 2(5) of the Local Government
Section 2(1) public office or office: replaced, on 1 November 1989, by section 2(11) of the Local
Section 2(1) public work: inserted, on 1 April 1978, by section 7(2) of the Local Government
Section 2(1) public work: amended, on 1 February 1982, pursuant to section 248(1) of the Public
Works Act 1981 (1981 No 35).
Section 2(1) rate records: replaced, on 29 June 1988, by section 208(1) of the Rating Powers Act
1988 (1988 No 97).
Section 2(1) rate records: amended, on 1 July 2003, pursuant to section 138(1) of the Local Govern‐
ment (Rating) Act 2002 (2002 No 6).
Section 2(1) rateable value: replaced, on 29 June 1988, by section 208(1) of the Rating Powers Act
1988 (1988 No 97).
Section 2(1) rateable value: amended, on 1 July 2003, pursuant to section 138(1) of the Local Gov‐
ernment (Rating) Act 2002 (2002 No 6).
Section 2(1) ratepayer: inserted, on 1 April 1978, by section 7(2) of the Local Government Amend‐
ment Act (No 3) 1977 (1977 No 122).
Section 2(1) rating qualification: repealed, on 17 June 1986, by section 2(4) of the Local Govern‐
Section 2(1) region: replaced, on 28 July 1997, by section 2(1) of the Local Government Amendment
Act 1997 (1997 No 49).
Section 2(1) regional council: replaced, on 7 July 2004, by section 3(2) of the Local Government
Act 1974 Amendment Act 2004 (2004 No 64).
Section 2(1) regional planning scheme: inserted, on 1 April 1979, by section 3(2) of the Local Gov‐
ernment Amendment Act 1978 (1978 No 43).
Section 2(1) regional road: repealed, on 1 July 1992, by section 2(8) of the Local Government
74
Version as at
Section 2(1) regional scheme: repealed, on 1 November 1989, by section 2(16) of the Local Govern‐
Section 2(1) reorganisation scheme: replaced, on 1 July 1994, by section 2(1) of the Local Govern‐
Section 2(1) residential qualification: repealed, on 17 June 1986, by section 2(4) of the Local Gov‐
ernment Amendment Act 1986 (1986 No 21).
Section 2(1) riding: repealed, on 1 November 1989, by section 2(16) of the Local Government
Section 2(1) road first definition: repealed, on 20 November 1981, by section 2 of the Local Govern‐
Section 2(1) road: inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment
Act 1979 (1979 No 59).
Section 2(1) rural area: inserted, on 1 April 1979, by section 3(2) of the Local Government Amend‐
ment Act 1978 (1978 No 43).
Section 2(1) scheme: repealed, on 1 November 1989, by section 2(16) of the Local Government
Section 2(1) ship: inserted, on 29 April 1999, by section 2(1) of the Local Government Amendment
Act (No 2) 1999 (1999 No 24).
Section 2(1) special consultative procedure: replaced, on 7 July 2004, by section 3(3) of the Local
Government Act 1974 Amendment Act 2004 (2004 No 64).
Section 2(1) special order: repealed, on 7 July 2004, by section 3(4) of the Local Government Act
1974 Amendment Act 2004 (2004 No 64).
Section 2(1) State highway: inserted, on 1 April 1979, by section 3(2) of the Local Government
Section 2(1) State highway: amended, on 1 August 2008, by section 50(1) of the Land Transport
Management Amendment Act 2008 (2008 No 47).
Section 2(1) State highway: amended, on 1 October 1989, by section 116(4) of the Government
Roading Powers Act 1989 (1989 No 75).
Section 2(1) subdivision: repealed, on 1 November 1989, by section 2(16) of the Local Government
Section 2(1) territorial authority: replaced, on 7 July 2004, by section 3(5) of the Local Govern‐
ment Act 1974 Amendment Act 2004 (2004 No 64).
Section 2(1) territorial authority district: replaced, on 1 July 1992, by section 2(11) of the Local
Section 2(1) treasurer: inserted, on 1 April 1978, by section 7(2) of the Local Government Amend‐
ment Act (No 3) 1977 (1977 No 122).
Section 2(1) undivided district: repealed, on 1 November 1989, by section 2(16) of the Local Gov‐
Section 2(1) united council: repealed, on 1 November 1989, by section 2(17) of the Local Govern‐
Section 2(1) upgrading: inserted, on 30 March 1985, by section 2(3) of the Local Government
Section 2(1) valuation roll: replaced, on 29 June 1988, by section 208(1) of the Rating Powers Act
1988 (1988 No 97).
Section 2(1) valuation roll: amended, on 1 July 1998, by section 54(1) of the Rating Valuations Act
1998 (1998 No 69).
Section 2(1) ward: replaced, on 1 July 1992, by section 2(12) of the Local Government Amendment
Act 1992 (1992 No 42).
75
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s 2A Local Government Act 1974 1 July 2022
Section 2(1) working day: inserted, on 1 November 1989, by section 2(14) of the Local Government
Section 2(1) working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te
Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday
Act 2022 (2022 No 14).
Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays
(Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).
Section 2(2): replaced, on 1 November 1989, by section 2(18) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
Section 2(3): repealed, on 1 November 1989, by section 2(18) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
Section 2(4): amended, on 25 November 1976, by section 3(1) of the Local Government Amendment
Act 1976 (1976 No 55).
Section 2(5): inserted, on 1 April 1978, by section 7(2) of the Local Government Amendment Act
(No 3) 1977 (1977 No 122).
Section 2(5): amended, on 18 June 1986, by section 2(3) of the Local Government Amendment Act
(No 2) 1986 (1986 No 24).
Section 2(6): inserted, on 1 April 1980, by section 8(1) of the Local Government Amendment Act
1979 (1979 No 59).
Section 2(6): amended, on 1 April 1988, by section 2(2) of the Local Government Amendment Act
1988 (1988 No 71).
2A Functions, powers, and duties of Minister of Local Government

[Repealed]
Section 2A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
2B Secretary for Local Government

[Repealed]
Section 2B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
76
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1 July 2022 Local Government Act 1974 Part 1 s 8A
Part 1
The Local Government Commission
[Repealed]
Part 1: repealed, on 1 April 1990, pursuant to section 4(1) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
The Commission
[Repealed]
Heading: repealed, on 1 April 1990, pursuant to section 4(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
3 Local Government Commission

[Repealed]
Section 3: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
4 Term of office of members

[Repealed]
(No 2) 1989 (1989 No 29).
5 Extraordinary vacancies
[Repealed]
(No 2) 1989 (1989 No 29).
6 Deputies of members
[Repealed]
(No 2) 1989 (1989 No 29).
7 Deputy chairman
[Repealed]
(No 2) 1989 (1989 No 29).
8 Temporary members
[Repealed]
(No 2) 1989 (1989 No 29).
8A Committees
[Repealed]
Section 8A: repealed, on 1 April 1990, by section 4(1) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
77
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Part 1 s 9 Local Government Act 1974 1 July 2022
9 Meetings
[Repealed]
(No 2) 1989 (1989 No 29).
10 Remuneration, allowances, and expenses

[Repealed]
(No 2) 1989 (1989 No 29).
11 Commission may co-opt specialist advice

[Repealed]
(No 2) 1989 (1989 No 29).
11A Power of Commission to engage consultants

[Repealed]
(No 2) 1989 (1989 No 29).
12 Officers of Commission
[Repealed]
(No 2) 1989 (1989 No 29).
13 Commission to be a commission of inquiry

[Repealed]
(No 2) 1989 (1989 No 29).
14 Evidence in proceedings before Commission

[Repealed]
(No 2) 1989 (1989 No 29).
Functions and powers of Commission

[Repealed]
Heading: repealed, on 1 November 1989, pursuant to section 3(1) of the Local Government Amend‐
ment Act (No 2) 1989 (1989 No 29).
15 Functions of Commission
[Repealed]
Section 15: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
78
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1 July 2022 Local Government Act 1974 Part 1 s 17
15A Object
[Repealed]
Section 15A: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
15B Duty of Commission to prepare final reorganisation schemes

[Repealed]
Section 15B: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
15C Power of Commission to confirm, in respect of any part of New Zealand,

the existing system of local government
[Repealed]
Section 15C: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
15D Commission’s obligation to give priority to preparation of final

reorganisation schemes
[Repealed]
Section 15D: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
15E Procedures for preparing final reorganisation schemes

[Repealed]
Section 15E: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
16 Commission may direct investigations

[Repealed]
Act (No 2) 1989 (1989 No 29).
Regional schemes
[Repealed]
Act (No 2) 1989 (1989 No 29).
17 Regional schemes
[Repealed]
Act (No 2) 1989 (1989 No 29).
79
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18 Procedure for preparation of regional schemes

[Repealed]
Act (No 2) 1989 (1989 No 29).
19 Holding of public meetings

[Repealed]
Act (No 2) 1989 (1989 No 29).
20 Notice of provisional regional scheme

[Repealed]
Act (No 2) 1989 (1989 No 29).
21 Objections to provisional regional scheme

[Repealed]
Act (No 2) 1989 (1989 No 29).
22 Final regional scheme

[Repealed]
Act (No 2) 1989 (1989 No 29).
23 Notice of final regional scheme

[Repealed]
Act (No 2) 1989 (1989 No 29).
24 Minister may refer final regional scheme back to Commission for

reconsideration
[Repealed]
Act (No 2) 1989 (1989 No 29).
[Repealed]
Act (No 2) 1989 (1989 No 29).
25 Matters which may be included in reorganisation schemes

[Repealed]
Act (No 2) 1989 (1989 No 29).
80
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26 Initiation of reorganisation schemes

[Repealed]
Act (No 2) 1989 (1989 No 29).
26A Commission may decide not to proceed with proposal

[Repealed]
Act (No 2) 1989 (1989 No 29).
27 Commission to endeavour to negotiate agreements

[Repealed]
Act (No 2) 1989 (1989 No 29).
28 Electors may request survey to ascertain extent of public opposition to

proposal
[Repealed]
Act (No 2) 1989 (1989 No 29).
29 Conduct of survey
[Repealed]
Act (No 2) 1989 (1989 No 29).
30 Action to be taken after survey taken

[Repealed]
Act (No 2) 1989 (1989 No 29).
31 Fate of proposal after survey

[Repealed]
Act (No 2) 1989 (1989 No 29).
32 Public notice of provisional reorganisation scheme

[Repealed]
Act (No 2) 1989 (1989 No 29).
33 Objections to provisional reorganisation scheme

[Repealed]
Act (No 2) 1989 (1989 No 29).
81
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34 Final reorganisation scheme

[Repealed]
Act (No 2) 1989 (1989 No 29).
Matters common to regional and reorganisation schemes

[Repealed]
Act (No 2) 1989 (1989 No 29).
35 Supplementary provisions for giving effect to schemes

[Repealed]
Act (No 2) 1989 (1989 No 29).
36 Effect to be given to final scheme

[Repealed]
Act (No 2) 1989 (1989 No 29).
37 Provisions to be included in Order in Council

[Repealed]
Act (No 2) 1989 (1989 No 29).
37A Appeal against determination of Commission

[Repealed]
Act (No 2) 1989 (1989 No 29).
37B Exercise of powers conferred by this Part not affected by provisions of

other Acts
[Repealed]
Act (No 2) 1989 (1989 No 29).
37C Powers of local authority on which jurisdiction conferred for purposes of

scheme
[Repealed]
Act (No 2) 1989 (1989 No 29).
82
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1 July 2022 Local Government Act 1974 Part 1 s 37I
37D Effect of inclusion of district or part thereof in another district

[Repealed]
Act (No 2) 1989 (1989 No 29).
37E Apportionment of assets and liabilities

[Repealed]
Section 37E: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
37F Apportionment of loan liabilities

[Repealed]
Section 37F: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
37G Apportionment of petroleum tax revenue

[Repealed]
Section 37G: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
37H Payment on transfer of trading undertaking

[Repealed]
Section 37H: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
37HA Certain matters not affected by transfer of functions, duties, or powers

[Repealed]
Section 37HA: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
37HB Registers
[Repealed]
Section 37HB: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
Annual report
[Repealed]
Act (No 2) 1989 (1989 No 29).
37I Annual report

[Repealed]
Section 37I: repealed, on 1 November 1989, by section 3(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
83
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Part 1A s 37J Local Government Act 1974 1 July 2022
Part 1A
Purposes and structure of local government
[Repealed]
Part 1A: repealed, on 1 November 2010, pursuant to section 113(1) of the Local Government (Auck‐
land Transitional Provisions) Act 2010 (2010 No 37).
37J Commencement
[Repealed]
Section 37J: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37K Purposes of local government

[Repealed]
Section 37K: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37L Structure of local government

[Repealed]
Section 37L: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37M Cities
[Repealed]
Section 37M: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37N Unitary authorities

[Repealed]
Section 37N: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37O Regional boundaries

[Repealed]
Section 37O: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37P Territorial authority boundaries

[Repealed]
Section 37P: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37Q Out-districts
[Repealed]
Section 37Q: repealed, on 1 July 1992, by section 5 of the Local Government Amendment Act 1992
(1992 No 42).
84
Version as at
1 July 2022 Local Government Act 1974 Part 1A s 37SE
37R Minister of Local Government to be territorial authority

[Repealed]
Section 37R: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37RA Minister of Conservation to have certain powers of regional council and

territorial authority
[Repealed]
Section 37RA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37S Functions of regional councils

[Repealed]
Section 37S: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37SA Further provisions relating to functions of regional councils

[Repealed]
Section 37SA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37SB Hazardous waste management

[Repealed]
Section 37SB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37SC Transfer of functions, duties, etc

[Repealed]
Section 37SC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37SD Revocation of transfer of functions, duties, etc

[Repealed]
Section 37SD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Auckland regional growth strategy

[Repealed]
Heading: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland
Transitional Provisions) Act 2010 (2010 No 37).
37SE Auckland regional growth strategy

[Repealed]
Section 37SE: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland
85
Version as at
Part 1A s 37SF Local Government Act 1974 1 July 2022
37SF Copies of regional growth strategy

[Repealed]
Section 37SF: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland
37SG Regional growth forum

[Repealed]
Section 37SG: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland
37SH Consultation
[Repealed]
Section 37SH: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland
37T Functions of territorial authorities

[Repealed]
Section 37T: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Part 2A
Local Government Commission
[Repealed]
Part 2A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37U Commencement
[Repealed]
Section 37U: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37V Local Government Commission

[Repealed]
Section 37V: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37W Functions of Commission

[Repealed]
Section 37W: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37X Commission to report to Minister

[Repealed]
Section 37X: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
86
Version as at
1 July 2022 Local Government Act 1974 Part 2AA s 37ZF
37Y Membership of Commission

[Repealed]
Section 37Y: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37Z Term of office

[Repealed]
Section 37Z: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZA Deputies of members

[Repealed]
Section 37ZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZB Temporary members

[Repealed]
Section 37ZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZC Further provisions applying in respect of Commission

[Repealed]
Section 37ZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Part 2AA
Appeals against decisions of Commission
[Repealed]
Part 2AA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZD Commencement
[Repealed]
Section 37ZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZE Appeal against decision of Commission on question of law

[Repealed]
Section 37ZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZF Notice of appeal

[Repealed]
Section 37ZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
87
Version as at
Part 2AA s 37ZG Local Government Act 1974 1 July 2022
37ZG Right to appear and be heard on appeals

[Repealed]
Section 37ZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZH Orders relating to determination of appeals

[Repealed]
Section 37ZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZI Dismissal of appeal

[Repealed]
Section 37ZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZJ Appeal in respect of additional points of law

[Repealed]
Section 37ZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZK Extension of time

[Repealed]
Section 37ZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZL Date of hearing

[Repealed]
Section 37ZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZM Restriction on appeals

[Repealed]
Section 37ZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
88
Version as at
1 July 2022 Local Government Act 1974 Part 2B s 37ZR
Part 2B
Initiation of reorganisation proposals
[Repealed]
Part 2B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Reorganisation proposals
[Repealed]
Heading: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002
No 84).
37ZN Matters that may be included in reorganisation proposal

[Repealed]
Section 37ZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZO Initiation of reorganisation proposal

[Repealed]
Section 37ZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZP Procedure for initiation of reorganisation proposal

[Repealed]
Section 37ZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZQ Contents of reorganisation proposal

[Repealed]
Section 37ZQ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Criteria
[Repealed]
No 84).
37ZQA Criteria
[Repealed]
Section 37ZQA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZR Boundaries
[Repealed]
Section 37ZR: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
89
Version as at
Part 2B s 37ZRA Local Government Act 1974 1 July 2022
37ZRA Membership
[Repealed]
Section 37ZRA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Part 2BA
Consideration of proposals for boundary alterations and transfer of
functions
[Repealed]
Part 2BA: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002
No 84).
37ZS Interpretation
[Repealed]
Section 37ZS: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZT Action required on receipt of reorganisation proposal

[Repealed]
Section 37ZT: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZU Relevant criteria

[Repealed]
Section 37ZU: repealed, on 1 July 1994, by section 5(2) of the Local Government Amendment Act
1994 (1994 No 68).
Principal local authority

[Repealed]
No 84).
37ZV Designation of principal local authority

[Repealed]
Section 37ZV: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZW Duties of principal local authority

[Repealed]
Section 37ZW: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
90
Version as at
1 July 2022 Local Government Act 1974 Part 2BA s 37ZZC
Submissions
[Repealed]
No 84).
37ZX Submissions in relation to draft reorganisation scheme

[Repealed]
Section 37ZX: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZY Power to appoint committee to consider submissions

[Repealed]
Section 37ZY: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZ Consideration and hearing of submissions

[Repealed]
Section 37ZZ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Decisions
[Repealed]
No 84).
37ZZA Decisions in relation to draft reorganisation scheme

[Repealed]
Section 37ZZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZB Procedure where no submissions received

[Repealed]
Section 37ZZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Appeals
[Repealed]
No 84).
37ZZC Appeal against decision of principal local authority

[Repealed]
Section 37ZZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
91
Version as at
Part 2BA s 37ZZD Local Government Act 1974 1 July 2022
37ZZD Notice of appeal

[Repealed]
Section 37ZZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZE Right to appear and be heard on appeals

[Repealed]
Section 37ZZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZF Orders relating to determination of appeals

[Repealed]
Section 37ZZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZG Dismissal of appeal

[Repealed]
Section 37ZZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZH Appeal in respect of additional matters

[Repealed]
Section 37ZZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZI Extension of time

[Repealed]
Section 37ZZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZJ Date of hearing

[Repealed]
Section 37ZZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZK Hearing and determination of appeal

[Repealed]
Section 37ZZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZL Power to refer appeal back for reconsideration

[Repealed]
Section 37ZZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
92
Version as at
1 July 2022 Local Government Act 1974 Part 2BB s 37ZZP
37ZZM Notice of decision on appeal

[Repealed]
Section 37ZZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZMA Procedure after appeal

[Repealed]
Section 37ZZMA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZN Provisions pending determination of appeal

[Repealed]
Section 37ZZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Similar proposals
[Repealed]
No 84).
37ZZNA Power to decline to consider reorganisation proposal

[Repealed]
Section 37ZZNA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Part 2BB
Consideration of proposals for new districts
[Repealed]
Part 2BB: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002
No 84).
37ZZO Interpretation
[Repealed]
Section 37ZZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZP Minimum populations of districts and regions

[Repealed]
Section 37ZZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
93
Version as at
Part 2BB s 37ZZQ Local Government Act 1974 1 July 2022
37ZZQ Duties of principal administrative officer

[Repealed]
Section 37ZZQ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZQA Representative of electors

[Repealed]
Section 37ZZQA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZQB Commission to obtain views

[Repealed]
Section 37ZZQB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZR Commission to prepare draft reorganisation scheme and explanatory

statement
[Repealed]
Section 37ZZR: repealed, on 1 July 1994, by section 7 of the Local Government Amendment Act
1994 (1994 No 68).
37ZZS Consideration of proposal by Commission

[Repealed]
Section 37ZZS: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZSA Power to decline to consider reorganisation proposal

[Repealed]
Section 37ZZSA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZT Referral back of proposal

[Repealed]
Section 37ZZT: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTA Power to decline resubmitted proposal

[Repealed]
Section 37ZZTA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
94
Version as at
1 July 2022 Local Government Act 1974 Part 2BB s 37ZZTI
Reviews
[Repealed]
No 84).
37ZZTB Reviews
[Repealed]
Section 37ZZTB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTC Statement of review

[Repealed]
Section 37ZZTC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTD Public notice of review

[Repealed]
Section 37ZZTD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTE Submissions on review

[Repealed]
Section 37ZZTE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTF Requirement to consult

[Repealed]
Section 37ZZTF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTG Consideration of submissions

[Repealed]
Section 37ZZTG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTH Inquiries and investigations

[Repealed]
Section 37ZZTH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTI Decisions on review

[Repealed]
Section 37ZZTI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
95
Version as at
Part 2BB s 37ZZTJ Local Government Act 1974 1 July 2022
37ZZTJ Completion of review

[Repealed]
Section 37ZZTJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZTK Application of Part 2BA with modifications

[Repealed]
Section 37ZZTK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
[Repealed]
No 84).
37ZZU Commission to deal with amended proposal

[Repealed]
Section 37ZZU: repealed, on 1 July 1994, by section 8 of the Local Government Amendment Act
1994 (1994 No 68).
37ZZV Draft reorganisation schemes

[Repealed]
Section 37ZZV: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZVA Power to amend basis of certain rates

[Repealed]
Section 37ZZVA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZVB Power to amend reorganisation schemes

[Repealed]
Section 37ZZVB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZW Explanatory statement

[Repealed]
Section 37ZZW: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZX Commission to give public notice of draft reorganisation scheme and

explanatory statement
[Repealed]
Section 37ZZX: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
96
Version as at
1 July 2022 Local Government Act 1974 Part 2BB s 37ZZZE
37ZZY Submissions on draft reorganisation scheme

[Repealed]
Section 37ZZY: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZ Consideration of submissions

[Repealed]
Section 37ZZZ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZA Reorganisation scheme

[Repealed]
Section 37ZZZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZB Explanatory statement

[Repealed]
Section 37ZZZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZC Duty of Commission to give notice

[Repealed]
Section 37ZZZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZD Power of proposer to withdraw proposal

[Repealed]
Section 37ZZZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZDA Power of Commission to abandon reorganisation scheme or to

resolve to conduct review
[Repealed]
Section 37ZZZDA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002
(2002 No 84).
Polls
[Repealed]
No 84).
37ZZZE Polls to be held

[Repealed]
Section 37ZZZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
97
Version as at
Part 2BB s 37ZZZF Local Government Act 1974 1 July 2022
37ZZZF Timing of poll

[Repealed]
Section 37ZZZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZG Official result of poll

[Repealed]
Section 37ZZZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZH Fate of proposal after poll

[Repealed]
Section 37ZZZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZHA Power to decline to consider reorganisation proposal

[Repealed]
Section 37ZZZHA: repealed, on 1 July 1994, by section 15 of the Local Government Amendment
Act 1994 (1994 No 68).
37ZZZI Regulations
[Repealed]
Section 37ZZZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Expenditure limits
[Repealed]
No 84).
37ZZZIA Interpretation
[Repealed]
Section 37ZZZIA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZIB Population
[Repealed]
Section 37ZZZIB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZIC Advertising in relation to polls

[Repealed]
Section 37ZZZIC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
98
Version as at
1 July 2022 Local Government Act 1974 Part 2BC s 37ZZZL
37ZZZID Provision of funding to proposer

[Repealed]
Section 37ZZZID: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZIE Returns of expenditure

[Repealed]
Section 37ZZZIE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZIF Authorisation of advertising

[Repealed]
Section 37ZZZIF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZIG Application
[Repealed]
Section 37ZZZIG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Part 2BC
Implementation of reorganisation schemes
[Repealed]
Part 2BC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
37ZZZJ Implementation of reorganisation schemes

[Repealed]
Section 37ZZZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZK Provisions relating to Orders in Council giving effect to reorganisation

schemes
[Repealed]
Section 37ZZZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZL Order in Council may set ward and constituency boundaries

[Repealed]
Section 37ZZZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
99
Version as at
Part 2BC s 37ZZZM Local Government Act 1974 1 July 2022
37ZZZM Effect of Orders in Council giving effect to reorganisation schemes

[Repealed]
Section 37ZZZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZN Power to amend basis of certain rates

[Repealed]
Section 37ZZZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZO Power to amend reorganisation schemes

[Repealed]
Section 37ZZZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
[Repealed]
No 84).
37ZZZP No compensation payable where function transferred

[Repealed]
Section 37ZZZP: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZQ Certain matters not affected by transfer of functions, duties, or powers

[Repealed]
Section 37ZZZQ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZR Registers
[Repealed]
Section 37ZZZR: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
37ZZZS Prohibition in respect of requests and recommendations under other

enactments
[Repealed]
Section 37ZZZS: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
100
Version as at
Part 2
Regions, territorial districts, and communities
[Repealed]
Part 2: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
38 This Part to be read subject to Part 1

[Repealed]
Act (No 2) 1989 (1989 No 29).
39 Application of this Act

[Repealed]
Act (No 2) 1989 (1989 No 29).
Regions and regional and united councils

[Repealed]
Heading: repealed, on 1 November 1989, by section 6(1) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
40 Constitution, alteration, union, and abolition of regions

[Repealed]
Act (No 2) 1989 (1989 No 29).
41 Regional councils and united councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
42 Membership of regional councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
43 Review of constituencies and membership

[Repealed]
Act (No 2) 1989 (1989 No 29).
44 Objections to decision of regional council

[Repealed]
Act (No 2) 1989 (1989 No 29).
101
Version as at
45 Membership of united councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
46 Alteration of allocation of appointments to united councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
46A Joint appointments to united council

[Repealed]
Act (No 2) 1989 (1989 No 29).
Constitution of districts of territorial authorities

[Repealed]
(No 2) 1989 (1989 No 29).
47 Interpretation
[Repealed]
Act (No 2) 1989 (1989 No 29).
48 Constitution, alteration, and union of districts

[Repealed]
Act (No 2) 1989 (1989 No 29).
49 Electors may request constitution of new district or alteration of

boundaries of existing district
[Repealed]
Act (No 2) 1989 (1989 No 29).
50 Boundaries of districts
[Repealed]
Act (No 2) 1989 (1989 No 29).
51 New cities
[Repealed]
Act (No 2) 1989 (1989 No 29).
102
Version as at
1 July 2022 Local Government Act 1974 Part 2 s 56C
Councils of districts
[Repealed]
(No 2) 1989 (1989 No 29).
52 Councils of districts
[Repealed]
Act (No 2) 1989 (1989 No 29).
53 Incorporation of councils
[Repealed]
Act (No 2) 1989 (1989 No 29).
54 District councils
[Repealed]
Act (No 2) 1989 (1989 No 29).
55 Membership of councils
[Repealed]
Act (No 2) 1989 (1989 No 29).
56 Review of basis of election

[Repealed]
Act (No 2) 1989 (1989 No 29).
56A Review of basis of election and division of district with population over
70 000 into wards
[Repealed]
Act (No 2) 1989 (1989 No 29).
56B Commission to determine wards

[Repealed]
Act (No 2) 1989 (1989 No 29).
56C Factors to be used in determining wards

[Repealed]
Act (No 2) 1989 (1989 No 29).
103
Version as at
Part 2 s 56D Local Government Act 1974 1 July 2022
56D Ward system where members of territorial authority elected on ward

system in 1983
[Repealed]
Act (No 2) 1989 (1989 No 29).
Constitution of communities
[Repealed]
(No 2) 1989 (1989 No 29).
57 Constitution of communities
[Repealed]
Act (No 2) 1989 (1989 No 29).
58 Union, alteration, or abolition, of communities

[Repealed]
Act (No 2) 1989 (1989 No 29).
District community councils and community councils

[Repealed]
(No 2) 1989 (1989 No 29).
59 District community councils and community councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
60 Membership of district community councils and community councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
61 Purpose of community council

[Repealed]
Act (No 2) 1989 (1989 No 29).
104
Version as at
Part 3
Elections, electors, and electoral rolls
[Repealed]
Part 3: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002
No 84).
Members other than members of united council

[Repealed]
ment Act (No 2) 1989 (1989 No 29).
62 Election of members
[Repealed]
Act (No 2) 1989 (1989 No 29).
63 Electors qualified for election

[Repealed]
Act (No 2) 1989 (1989 No 29).
64 Persons disqualified for election

[Repealed]
Section 64: repealed, on 17 June 1986, by section 6 of the Local Government Amendment Act 1986
(1986 No 21).
Members of united council

[Repealed]
ment Act (No 2) 1989 (1989 No 29).
65 Members of united council

[Repealed]
Act (No 2) 1989 (1989 No 29).
105
Version as at
Special provisions relating to communities

[Repealed]
ment Act (No 2) 1989 (1989 No 29).
66 Community within jurisdiction of district community council to constitute

a ward
[Repealed]
Act (No 2) 1989 (1989 No 29).
67 Representation of district community council on territorial authority and

other bodies
[Repealed]
Act (No 2) 1989 (1989 No 29).
68 Appointment of representative of community council to attend territorial

authority meetings
[Repealed]
Act (No 2) 1989 (1989 No 29).
Electors
[Repealed]
ment Act (No 2) 1989 (1989 No 29).
69 Parliamentary electors with appropriate residential qualification qualified

as electors of territorial authority, ward, or community
[Repealed]
Act (No 2) 1989 (1989 No 29).
70 Electors and voting rights

[Repealed]
Section 70: repealed, on 1 July 1989, by section 11(1) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
71 Electors of regions
[Repealed]
(No 2) 1989 (1989 No 29).
106
Version as at
72 Compilation of electoral roll

[Repealed]
(No 2) 1989 (1989 No 29).
73 No person to be enrolled more than once

[Repealed]
(No 2) 1989 (1989 No 29).
Electoral rolls
[Repealed]
Heading: repealed, on 1 July 1989, pursuant to section 11(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
74 Roll to be available for public inspection

[Repealed]
(No 2) 1989 (1989 No 29).
75 Application for registration as a parliamentary elector

[Repealed]
(No 2) 1989 (1989 No 29).
76 Completion of roll
[Repealed]
(No 2) 1989 (1989 No 29).
77 Amendments to roll
[Repealed]
(No 2) 1989 (1989 No 29).
78 When roll in force

[Repealed]
(No 2) 1989 (1989 No 29).
79 Proof of roll
[Repealed]
(No 2) 1989 (1989 No 29).
107
Version as at
80 Roll for by-election or poll

[Repealed]
(No 2) 1989 (1989 No 29).
81 Use of roll for other local authority election, by-election, or poll

[Repealed]
(No 2) 1989 (1989 No 29).
82 Special provisions relating to regional council elections

[Repealed]
(No 2) 1989 (1989 No 29).
83 Local Elections and Polls Act 1976 applied

[Repealed]
(No 2) 1989 (1989 No 29).
84 Revision of rolls
[Repealed]
(1986 No 21).
85 Rolls for purposes of by-elections and polls

[Repealed]
(1986 No 21).
86 Use of rolls for other local authority elections and polls

[Repealed]
(1986 No 21).
87 Special provisions relating to regional council elections

[Repealed]
(1986 No 21).
88 Local Elections and Polls Act 1976 applied

[Repealed]
(1986 No 21).
108
Version as at
1 July 2022 Local Government Act 1974 Part 4 s 93B
89 Compulsory enrolment of residential electors

[Repealed]
(1986 No 21).
Part 4
Mayor, chairman, and members of councils
[Repealed]
(No 2) 1989 (1989 No 29).
90 Mayor of borough
[Repealed]
Act (No 2) 1989 (1989 No 29).
91 Mayor or chairman of district council

[Repealed]
Act (No 2) 1989 (1989 No 29).
92 Election of mayor
[Repealed]
Act (No 2) 1989 (1989 No 29).
93 Election of chairman of regional council, united council, county, district of

a district council, town district, district community council, or community
council
[Repealed]
Act (No 2) 1989 (1989 No 29).
93A Regional, united, county, district, town, district community, or community

council may remove chairman from office and elect new chairman
[Repealed]
Act (No 2) 1989 (1989 No 29).
93B Election of chairman by open voting

[Repealed]
Act (No 2) 1989 (1989 No 29).
109
Version as at
94 Principal officer to preside at meeting for election of chairman

[Repealed]
Act (No 2) 1989 (1989 No 29).
95 Provisions where the same person elected to be both mayor and a member
[Repealed]
Act (No 2) 1989 (1989 No 29).
96 Provisions applying to all mayors and chairmen

[Repealed]
Act (No 2) 1989 (1989 No 29).
Disqualification of members of councils, and filling of extraordinary vacancies

[Repealed]
(No 2) 1989 (1989 No 29).
97 Disqualification of members of councils other than united councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
98 Extraordinary vacancies on district community councils and community

councils
[Repealed]
Act (No 2) 1989 (1989 No 29).
99 Vacancies in membership of united council

[Repealed]
Act (No 2) 1989 (1989 No 29).
100 Ouster of office of member

[Repealed]
Act (No 2) 1989 (1989 No 29).
101 Audit Office to institute proceedings

[Repealed]
Act (No 2) 1989 (1989 No 29).
110
Version as at
1 July 2022 Local Government Act 1974 Part 4A s 101G
Part 4A
Membership, wards, and constituencies
[Repealed]
Part 4A: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002
No 84).
101A Commencement
[Repealed]
No 84).
101B Application
[Repealed]
Section 101B: repealed, on 10 October 1992, by section 9(1) of the Local Government Amendment
Act 1992 (1992 No 42).
101C Membership of territorial authorities

[Repealed]
Section 101C: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101CA Membership of regional councils

[Repealed]
Section 101CA: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101D Wards and constituencies of districts and regions

[Repealed]
Section 101D: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101E Membership
[Repealed]
Section 101E: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101F Electors of regions, territorial authorities, and communities

[Repealed]
Section 101F: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001 No 35).
101G Parliamentary electors qualified for election to any regional council,

territorial authority, or community board
[Repealed]
Section 101G: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
111
Version as at
Part 4A s 101GA Local Government Act 1974 1 July 2022
101GA Candidacy for both regional council and constituent authority

prohibited
[Repealed]
Section 101GA: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
101H Review of membership and basis of election

[Repealed]
Section 101H: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101I Distribution of copies of resolution

[Repealed]
Section 101I: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101J Objections
[Repealed]
Section 101J: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101K Commission to determine wards and constituencies

[Repealed]
Section 101K: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101L Factors in determination of membership and basis of election

[Repealed]
Section 101L: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
101M When ward and constituency determinations take effect

[Repealed]
Section 101M: repealed, on 25 December 2002, by section 53(d) of the Local Electoral Amendment
Act 2002 (2002 No 85).
Presiding members of territorial authorities and regional councils

[Repealed]
No 84).
101N Presiding member

[Repealed]
No 84).
112
Version as at
1 July 2022 Local Government Act 1974 Part 4A s 101W
101O Qualification and election of mayor of territorial authority

[Repealed]
Section 101O: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
101P Election of chairperson of regional council

[Repealed]
No 84).
101Q Provisions applying to all mayors and chairpersons

[Repealed]
Section 101Q: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101R Filling of vacancy in office of mayor

[Repealed]
Section 101R: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
101S Filling of vacancy in office of chairperson

[Repealed]
No 84).
101T Mayors and chairpersons to be Justices of the Peace

[Repealed]
No 84).
101U Election of deputy mayor or deputy chairperson

[Repealed]
No 84).
101V Power of regional council or territorial authority to remove chairperson,

deputy chairperson, or deputy mayor from office and elect successor
[Repealed]
No 84).
101W Provisions where same person elected to be both mayor and a member
[Repealed]
Section 101W: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
113
Version as at
Part 4A s 101X Local Government Act 1974 1 July 2022
Extraordinary vacancies
[Repealed]
No 84).
101X Disqualification of members

[Repealed]
No 84).
101Y Ouster of office of member

[Repealed]
No 84).
101Z Secretary to institute proceedings

[Repealed]
No 84).
101ZA Member’s right to resign

[Repealed]
No 84).
101ZB Extraordinary vacancies

[Repealed]
No 84).
101ZC Procedure in relation to extraordinary vacancy in local authority

[Repealed]
Section 101ZC: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
101ZD Power to require election to be held

[Repealed]
Section 101ZD: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
101ZE Election to extraordinary vacancy

[Repealed]
Section 101ZE: repealed, on 1 July 2001, by section 151 of the Local Electoral Act 2001 (2001
No 35).
114
Version as at
1 July 2022 Local Government Act 1974 Part 4B s 101ZM
Part 4B
Communities
[Repealed]
101ZF Commencement
[Repealed]
No 84).
101ZG Constitution of communities

[Repealed]
No 84).
101ZH Matters pertaining to constitution of communities

[Repealed]
No 84).
101ZI Proposal to establish community

[Repealed]
No 84).
101ZJ Requirements in relation to proposal

[Repealed]
No 84).
101ZK Proposal seeking constitution of communities

[Repealed]
No 84).
101ZL Matters to be considered when constituting community

[Repealed]
No 84).
101ZM Appeal against refusal to constitute community

[Repealed]
No 84).
115
Version as at
Part 4B s 101ZN Local Government Act 1974 1 July 2022
101ZN Procedures relating to resolution to constitute community

[Repealed]
No 84).
101ZO Union, alteration, or abolition of communities

[Repealed]
No 84).
Community boards
[Repealed]
No 84).
101ZP Community boards

[Repealed]
No 84).
101ZQ Membership of community boards

[Repealed]
No 84).
101ZR Elections of community boards

[Repealed]
No 84).
101ZS Application of certain provisions relating to extraordinary vacancies

[Repealed]
No 84).
Procedural matters
[Repealed]
No 84).
101ZT Chairperson of community board

[Repealed]
No 84).
116
Version as at
1 July 2022 Local Government Act 1974 Part 4B s 101ZZA
101ZU Community board committees

[Repealed]
Section 101ZU: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZV Quorum of community board and committees of community board

[Repealed]
Section 101ZV: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZW Application of Part 5A

[Repealed]
Section 101ZW: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZX Community boards not committees of territorial authority

[Repealed]
Section 101ZX: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Purposes, functions, duties, and powers of community boards

[Repealed]
No 84).
101ZY Purposes of community board

[Repealed]
Section 101ZY: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZ Functions, duties, and powers of community board

[Repealed]
Section 101ZZ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZA Specific functions determined by Order in Council

[Repealed]
Section 101ZZA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
117
Version as at
Part 4B s 101ZZB Local Government Act 1974 1 July 2022

[Repealed]
No 84).
101ZZB Provision of administrative and other facilities for community boards

[Repealed]
Section 101ZZB: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZC Expenses of community boards

[Repealed]
Section 101ZZC: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Part 4C
Remuneration of members
[Repealed]
Part 4C: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002
No 84).
101ZZD Commencement
[Repealed]
Section 101ZZD: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZE Interpretation
[Repealed]
Section 101ZZE: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZF Remuneration Authority to determine remuneration

[Repealed]
Section 101ZZF: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZG Mandatory criteria for Authority

[Repealed]
Section 101ZZG: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
118
Version as at
1 July 2022 Local Government Act 1974 Part 4C s 101ZZP
101ZZH Submissions to Authority

[Repealed]
Section 101ZZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZI Frequency of adjustments

[Repealed]
Section 101ZZI: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZJ Determination is a regulation

[Repealed]
Section 101ZZJ: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZK Publication of determinations

[Repealed]
Section 101ZZK: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZL Levy to pay Authority’s costs

[Repealed]
Section 101ZZL: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZM Members and officers of Remuneration Authority to maintain secrecy

[Repealed]
Section 101ZZM: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZN Meaning of remuneration

[Repealed]
Section 101ZZN: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZO Greytown District Trust Lands Trustees

[Repealed]
Section 101ZZO: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
101ZZP Salary or allowances not payable in certain circumstances

[Repealed]
Section 101ZZP: repealed, on 15 December 2001, by section 4 of the Local Government (Elected
Member Remuneration and Trading Enterprises) Amendment Act 2001 (2001 No 98).
119
Version as at
Part 4C s 101ZZQ Local Government Act 1974 1 July 2022
101ZZQ Salary or allowance payable to existing office holder not to be reduced

[Repealed]
Section 101ZZQ: repealed, on 15 December 2001, by section 4 of the Local Government (Elected
101ZZR Reduction of salary where full term not served

[Repealed]
Section 101ZZR: repealed, on 15 December 2001, by section 4 of the Local Government (Elected
101ZZS Office holder may decline to accept salary or allowance

[Repealed]
Section 101ZZS: repealed, on 15 December 2001, by section 4 of the Local Government (Elected
101ZZT Fund from which salaries and allowances to be paid

[Repealed]
Section 101ZZT: repealed, on 15 December 2001, by section 4 of the Local Government (Elected
101ZZU Travelling expenses of members

[Repealed]
Section 101ZZU: repealed, on 15 December 2001, by section 4 of the Local Government (Elected
101ZZV Travelling expenses of members attending conferences

[Repealed]
Section 101ZZV: repealed, on 15 December 2001, by section 4 of the Local Government (Elected
Part 5
Procedural matters
[Repealed]
(No 2) 1989 (1989 No 29).
102 Interpretation
[Repealed]
Act (No 2) 1989 (1989 No 29).
103 Declaration by member

[Repealed]
Act (No 2) 1989 (1989 No 29).
120
Version as at
Committees
[Repealed]
(No 2) 1989 (1989 No 29).
104 Standing or special committees

[Repealed]
Act (No 2) 1989 (1989 No 29).
105 Joint committees

[Repealed]
Act (No 2) 1989 (1989 No 29).
106 Subcommittees
[Repealed]
Act (No 2) 1989 (1989 No 29).
Meetings
[Repealed]
(No 2) 1989 (1989 No 29).
107 Chairman of meetings

[Repealed]
Act (No 2) 1989 (1989 No 29).
108 Quorum of councils and committees, and voting at meetings

[Repealed]
Act (No 2) 1989 (1989 No 29).
108A Voting system for certain elections and appointments

[Repealed]
Section 108A: repealed, on 1 November 1989, by section 17(1) of the Local Government Amend‐
ment Act (No 2) 1989 (1989 No 29).
109 Proceedings not invalidated by vacancies, irregularities, etc

[Repealed]
Act (No 2) 1989 (1989 No 29).
121
Version as at
110 Ordinary meetings

[Repealed]
Act (No 2) 1989 (1989 No 29).
111 Special meetings

[Repealed]
Act (No 2) 1989 (1989 No 29).
112 Minutes of proceedings

[Repealed]
Act (No 2) 1989 (1989 No 29).
Special orders
[Repealed]
(No 2) 1989 (1989 No 29).
113 Special orders

[Repealed]
Act (No 2) 1989 (1989 No 29).
Procedural rules
[Repealed]
(No 2) 1989 (1989 No 29).
114 Rules as to proceedings of council, committees, etc

[Repealed]
Act (No 2) 1989 (1989 No 29).
Part 5A
Procedural and organisational matters
[Repealed]
114A Commencement
[Repealed]
No 84).
122
Version as at
1 July 2022 Local Government Act 1974 Part 5A s 114H
114B Interpretation
[Repealed]
No 84).
Meetings
[Repealed]
Heading: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
114C General provisions as to meetings

[Repealed]
Section 114C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
114D First meeting following triennial general election

[Repealed]
Section 114D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
114E Ordinary meetings

[Repealed]
Section 114E: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
114F Special meetings

[Repealed]
Section 114F: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
114G Emergency meetings

[Repealed]
Section 114G: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
114H Meetings not invalid because notice not given

[Repealed]
Section 114H: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
123
Version as at
Part 5A s 114I Local Government Act 1974 1 July 2022
Conduct of meetings
[Repealed]
114I Quorum of councils and committees

[Repealed]
Section 114I: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
114J Voting
[Repealed]
No 84).
114K Voting systems for certain appointments

[Repealed]
No 84).
114L Chairperson of meetings

[Repealed]
No 84).
Procedures at meetings
[Repealed]
114M Standing orders

[Repealed]
No 84).
114N Minutes of proceedings

[Repealed]
No 84).
114O Proceedings not invalidated by vacancies, irregularities, etc

[Repealed]
No 84).
124
Version as at
1 July 2022 Local Government Act 1974 Part 5A s 114V
Committees and subcommittees

[Repealed]
114P Power to appoint committees and subcommittees

[Repealed]
No 84).
114Q Delegation to committees and subcommittees

[Repealed]
No 84).
114R Membership of committees and subcommittees

[Repealed]
No 84).
114S Joint committees

[Repealed]
No 84).
Conduct of members
[Repealed]
114T Members to give notice of addresses

[Repealed]
No 84).
114U Declaration by member

[Repealed]
No 84).
114V Members shall abide by standing orders

[Repealed]
No 84).
125
Version as at
Part 6
[Repealed]
(No 2) 1989 (1989 No 29).
115 Administration of united council

[Repealed]
Act (No 2) 1989 (1989 No 29).
116 Administering authority to provide staff, land, and other facilities for
united council
[Repealed]
Act (No 2) 1989 (1989 No 29).
117 Staff of regional councils and territorial authorities

[Repealed]
Act (No 2) 1989 (1989 No 29).
118 Provision of administrative and other facilities for district community

councils and community councils
[Repealed]
Act (No 2) 1989 (1989 No 29).
119 Expenses of community councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
Part 6A
Employment of staff
[Repealed]
119A Commencement
[Repealed]
No 84).
126
Version as at
1 July 2022 Local Government Act 1974 Part 6A s 119J
119B Staff of local authorities

[Repealed]
No 84).
119C Chief executive officer or group of senior executive officers

[Repealed]
No 84).
119D Responsibilities of executive officers

[Repealed]
No 84).
119E Maximum term of employment

[Repealed]
No 84).
119F General employment principles

[Repealed]
No 84).
119G Equal employment opportunities programme

[Repealed]
No 84).
119H Appointments on merit

[Repealed]
No 84).
119I Obligation to notify vacancies

[Repealed]
No 84).
119J Maximum term of office of certain employees

[Repealed]
No 84).
127
Version as at
Part 7
General revenues and estimates
[Repealed]
Part 7: repealed, on 1 July 1992, by section 16 of the Local Government Amendment Act 1992 (1992
No 42).
120 General revenues

[Repealed]
Section 120: repealed, on 1 July 1992, by section 16 of the Local Government Amendment Act 1992
(1992 No 42).
121 Annual estimates

[Repealed]
(No 2) 1989 (1989 No 29).
122 Application of income

[Repealed]
(1992 No 42).
Part 7A
Financial management
[Repealed]
122A Interpretation
[Repealed]
No 84).
122B Purposes
[Repealed]
No 84).
122C Principles of financial management

[Repealed]
No 84).
128
Version as at
1 July 2022 Local Government Act 1974 Part 7A s 122L
122D Local authorities not required to use specific funding mechanisms

[Repealed]
No 84).
122E Funding of expenditure needs

[Repealed]
No 84).
122F Principles relating to funding of expenditure needs

[Repealed]
No 84).
122G Considerations related to funding of expenditure needs

[Repealed]
No 84).
122H Matters related to mechanisms for funding of expenditure needs

[Repealed]
No 84).
122I Compliance
[Repealed]
No 84).
122J Short-term borrowing, reserves, etc

[Repealed]
No 84).
122K Long-term financial strategy

[Repealed]
No 84).
122L Content of long-term financial strategy

[Repealed]
No 84).
129
Version as at
Part 7A s 122M Local Government Act 1974 1 July 2022
122M Significant forecasting assumptions of long-term financial strategy

[Repealed]
No 84).
122N Funding policy

[Repealed]
No 84).
122O Content of funding policy

[Repealed]
No 84).
122P Investment policy

[Repealed]
No 84).
122Q Content of investment policy

[Repealed]
No 84).
122R Borrowing management policy

[Repealed]
No 84).
122S Content of borrowing management policy

[Repealed]
No 84).
122T Changes to long-term financial strategy and policies

[Repealed]
No 84).
122U Variations between long-term financial strategy and funding, investment,

or borrowing management policies
[Repealed]
No 84).
130
Version as at
1 July 2022 Local Government Act 1974 Part 7B s 122ZAA
122V Report on long-term financial strategy and policies

[Repealed]
No 84).
122W Limitation of review

[Repealed]
No 84).
122X Statement of compliance

[Repealed]
No 84).
Part 7B
Borrowing and security
[Repealed]
122Y Commencement
[Repealed]
No 84).
122Z Interpretation
[Repealed]
No 84).
Power to borrow
[Repealed]
122ZA General power to borrow

[Repealed]
No 84).
122ZAA Internal borrowing

[Repealed]
Section 122ZAA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
131
Version as at
Part 7B s 122ZB Local Government Act 1974 1 July 2022
122ZB Power to enter into incidental arrangements

[Repealed]
No 84).
122ZC Prohibition on borrowing in foreign currency

[Repealed]
No 84).
Procedure for raising loans

[Repealed]
122ZD Procedure for borrowing money

[Repealed]
No 84).
Securities and charges

[Repealed]
122ZE Security for loans

[Repealed]
No 84).
122ZF Provisions applying to special rates

[Repealed]
No 84).
122ZG Effects of breach on third parties

[Repealed]
No 84).
132
Version as at
1 July 2022 Local Government Act 1974 Part 7B s 122ZN
Registration of charges
[Repealed]
122ZH Registration of charges

[Repealed]
No 84).
122ZI Register of charges maintained by Registrar of Companies

[Repealed]
No 84).
122ZJ Register of charges maintained by local authority

[Repealed]
No 84).
122ZK Registration of subsisting charges

[Repealed]
No 84).
Receivership
[Repealed]
122ZL Appointment of receivers

[Repealed]
No 84).
122ZM Powers and duties of receivers

[Repealed]
No 84).
122ZN Constraints on receiver

[Repealed]
No 84).
133
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Part 7B s 122ZO Local Government Act 1974 1 July 2022
122ZO Protection for receiver

[Repealed]
No 84).
[Repealed]
122ZP Loans not guaranteed by Crown

[Repealed]
No 84).
122ZQ Assimilation of existing stock with new stock

[Repealed]
No 84).
122ZR Provisions relating to sinking funds

[Repealed]
No 84).
122ZS Conversion of existing loans

[Repealed]
No 84).
122ZT Preservation of existing status

[Repealed]
No 84).
Part 8
Assessments of united councils
[Repealed]
Part 8: repealed, on 1 April 1990, by section 21(1) of the Local Government Amendment Act (No 2)
1989 (1989 No 29).
123 Constituent authorities to meet expenditure

[Repealed]
(No 2) 1989 (1989 No 29).
134
Version as at
124 Valuation equalisation

[Repealed]
(No 2) 1989 (1989 No 29).
125 Alterations to apportionment of expenditure

[Repealed]
(No 2) 1989 (1989 No 29).
125A Objections as to alterations to apportionment of expenditure

[Repealed]
(No 2) 1989 (1989 No 29).
126 Assessment of contributions

[Repealed]
(No 2) 1989 (1989 No 29).
127 Jurisdiction of District Court

[Repealed]
(No 2) 1989 (1989 No 29).
128 Production of documents to be evidence

[Repealed]
(No 2) 1989 (1989 No 29).
129 Payment of assessments

[Repealed]
(No 2) 1989 (1989 No 29).
130 Powers of constituent authorities and other territorial authorities in

respect of payments
[Repealed]
(No 2) 1989 (1989 No 29).
131 Powers of united council to recover contributions in case of default

[Repealed]
(No 2) 1989 (1989 No 29).
135
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132 United councils not to have rating powers

[Repealed]
(No 2) 1989 (1989 No 29).
Part 9
Rates and charges
[Repealed]
Part 9: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
133 Levying and recovery of rates where property situated in region or out-
district
[Repealed]
Section 133: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
General rating by regional councils

[Repealed]
Heading: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988 No 97).
134 Determination of rating system

[Repealed]
No 97).
135 Regional general rate

[Repealed]
No 97).
Territorial authority general rates

[Repealed]
136 Territorial authority general rates

[Repealed]
No 97).
137 Levying of territorial authority general rate where ward accounts kept
[Repealed]
No 97).
136
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138 Territorial authority may cease to make and levy general rates separately
in each ward
[Repealed]
No 97).
General rating in communities

[Repealed]
139 Community general rate

[Repealed]
No 97).
Regional works and services rates

[Repealed]
140 Regional works and services rates

[Repealed]
No 97).
141 Exercise of rating and levying powers of other authorities

[Repealed]
No 97).
Territorial authority separate rates

[Repealed]
142 Works and services rates

[Repealed]
No 97).
143 Separate rates

[Repealed]
No 97).
137
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Improvement and development rates in communities

[Repealed]
144 Community improvement and development rates

[Repealed]
No 97).
145 Territorial authority may exempt farm lands in community from

improvement and development rates
[Repealed]
No 97).
Rating methods
[Repealed]
146 Interpretation
[Repealed]
No 97).
147 Differential rates

[Repealed]
No 97).
147A Introduction of differential rating

[Repealed]
Section 147A: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
148 Alteration to system of differential rating

[Repealed]
No 97).
148A Certain changes not to compromise alteration to system of differential

rating
[Repealed]
No 97).
138
Version as at
149 Revocation of differential rating

[Repealed]
No 97).
150 Notice to Valuer-General

[Repealed]
No 97).
151 Levying of differential rate

[Repealed]
No 97).
152 Application of proceeds of differential rate

[Repealed]
No 97).
153 Rating on a graduated scale

[Repealed]
No 97).
154 Land drainage or water race rating on area system

[Repealed]
No 97).
155 Appeal against operation of area system

[Repealed]
No 97).
156 Classification for purposes of area rate

[Repealed]
No 97).
157 Fire protection rate on value of improvements

[Repealed]
No 97).
139
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Part 9 s 157A Local Government Act 1974 1 July 2022
Charges instead of rates

[Repealed]
157A Uniform annual general charge

[Repealed]
No 97).
157B Reduction or cancellation of uniform annual general charge

[Repealed]
Section 157B: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
157C Uniform annual general charges on properties only partly in district

[Repealed]
Section 157C: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
158 Water charges

[Repealed]
No 97).
159 Provisions as to water meters

[Repealed]
No 97).
160 Water race charge

[Repealed]
No 97).
161 Owner granting land for water race may have water free of charge or at a
reduced charge
[Repealed]
No 97).
162 Sewerage and stormwater drainage charges

[Repealed]
No 97).
140
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1 July 2022 Local Government Act 1974 Part 9 s 164E
163 Refuse charges

[Repealed]
No 97).
164 Fire protection charges

[Repealed]
No 97).
164A Uniform annual charges instead of rates for certain purpose

[Repealed]
No 97).
164AA Annual charges on properties in common occupation

[Repealed]
Section 164AA: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
Lump sum contribution to capital cost of works

[Repealed]
164B Interpretation
[Repealed]
Section 164B: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
164C Territorial authority may resolve to seek lump sum contributions from
ratepayers
[Repealed]
Section 164C: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
164D Preparation of cost estimates and calculation of contributions and rates or

charges relating to works
[Repealed]
Section 164D: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
164E Right to make lump sum contribution

[Repealed]
Section 164E: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
141
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Part 9 s 164F Local Government Act 1974 1 July 2022
164F Notification to ratepayer of right to make election

[Repealed]
Section 164F: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
164G Effect of election to make a lump sum contribution

[Repealed]
Section 164G: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
164H Payment of lump sum contributions

[Repealed]
Section 164H: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
164I Recalculation of lump sum contribution on completion of work

[Repealed]
Section 164I: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
164J Refund of or increase in lump sum contribution

[Repealed]
Section 164J: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
164K Lump sum contribution deemed to be separate rate

[Repealed]
Section 164K: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
Part 10
Miscellaneous financial provisions
[Repealed]
No 84).
165 Interpretation
[Repealed]
No 97).
166 Minimum rates

[Repealed]
No 97).
142
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167 Charges deemed to be rates

[Repealed]
No 97).
168 In default of payment of water rates or charges supply may be stopped

[Repealed]
No 97).
169 Adjusted valuation

[Repealed]
No 97).
170 Adoption of different rating system in community

[Repealed]
No 97).
171 Deduction from proceeds of separate rate of cost of making and levying
rate, etc
[Repealed]
No 97).
172 Separate rate may be made an annually recurring rate

[Repealed]
No 97).
173 Certain separate rates payable in full or for proportionate part of year in
certain circumstances
[Repealed]
No 97).
174 Consolidation of special rates

[Repealed]
No 97).
143
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175 Consolidation of rates

[Repealed]
No 97).
176 Application of surplus of certain rates and contributions

[Repealed]
No 97).
177 Unauthorised expenditure

[Repealed]
(No 2) 1989 (1989 No 29).
178 Special provisions as to County of Chatham Islands

[Repealed]
Section 178: repealed, on 22 December 1980, by section 14(3) of the Chatham Islands County Coun‐
cil Empowering Act 1980 (1980 No 6 (L)).
Timber levy
[Repealed]
179 Levy on timber

[Repealed]
Section 179: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Borrowing
[Repealed]
180 Security for loans

[Repealed]
(No 3) 1996 (1996 No 83).
Part 11
Local authorities fuel tax
Part 11 heading: inserted, on 1 April 1978, by section 2 of the Local Government Amendment Act
(No 3) 1977 (1977 No 122).
Part 11 heading: amended, on 1 October 2008, by section 4 of the Local Government Act 1974
144
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181 Interpretation
(1) In this Part—
component authority means a territorial authority
component district means the district of a component authority
distribution authority means the territorial authority in each tax area whose
name is for the time being distinguished by the letter D in that part of the sec‐
ond column of Schedule 7 which relates to that tax area
engine fuel has the meaning given by section 1B of the Energy (Fuels, Levies,
and References) Act 1989
specified engine fuel—
(a) means,—
(i) if no Order in Council is in force under subparagraph (ii), engine
fuel specified in the Excise and Excise-equivalent Duties Table (as
defined in section 5(1) of the Customs and Excise Act 2018) as a
type of—
(A) motor spirit; or
(B) diesel (including blends of diesel and kerosene); or
(C) biodiesel; or
(D) ethyl alcohol specified under the heading Fuels in Part A or
B of the Excise and Excise-equivalent Duties Table (as so
defined); or
(ii) that part of engine fuel specified in the Excise and Excise-equiva‐
lent Duties Table (as so defined) and prescribed by an Order in
Council made under section 199A; but
(b) excludes—
(i) engine fuel supplied for use in the generation of electricity, or the
manufacture of gas, for public use at any electric-power station or
gas works; or
(ii) engine fuel supplied for use as fuel for any commercial ship
within the meaning of section 2(1) of the Maritime Transport Act
1994; or
(iii) engine fuel used in the manufacture of refined petroleum products
at any refinery
tax area means a tax area under this Part
wholesale distributor means a person who, whether exclusively or not,—
(a) engages in the sale of engine fuel by wholesale; or
(b) sells engine fuel to a retailer; or
(c) manufactures or produces engine fuel within New Zealand.
145
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(2) For the purposes of this section, the part of engine fuel that is motor spirit, die‐
sel, biodiesel, or ethyl alcohol remains so whether or not it is blended with any‐
thing else.
Compare: 1970 No 134 s 2; 1973 No 71 s 2; 1974 No 66 s 138
Section 181: replaced, on 1 April 1978, by section 2 of the Local Government Amendment Act
(No 3) 1977 (1977 No 122).
Section 181(1) component authority: replaced, on 1 July 1992, by section 18 of the Local Govern‐
Section 181(1) component district: replaced, on 1 July 1992, by section 18 of the Local Government
Section 181(1) distribution authority: replaced, on 1 July 1992, by section 18 of the Local Govern‐
Section 181(1) engine fuel: inserted, on 1 October 2008, by section 5(1) of the Local Government
Section 181(1) petroleum: repealed, on 1 October 2008, by section 5(2) of the Local Government
Section 181(1) specified engine fuel: inserted, on 1 October 2008, by section 5(1) of the Local Gov‐
ernment Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(1) specified engine fuel paragraph (a): replaced, on 1 January 2010, by section 11(4) of
the Customs and Excise Amendment Act 2009 (2009 No 61).
Section 181(1) specified engine fuel paragraph (a)(i): amended, on 1 October 2018, by section
443(3) of the Customs and Excise Act 2018 (2018 No 4).
Section 181(1) wholesale distributor: replaced, on 1 October 2008, by section 5(3) of the Local
Government Act 1974 Amendment Act 2008 (2008 No 63).
Section 181(2): inserted, on 1 October 2008, by section 5(4) of the Local Government Act 1974
182 Application of this Part

(1) Unless the Governor-General by Order in Council determines otherwise, a
local authorities fuel tax in accordance with this Part may be levied and collec‐
ted by the Crown, and is payable on any specified engine fuel purchased in
New Zealand.
(2) This Part shall not apply in the Chatham Islands, or to specified engine fuel
sold, or agreed to be sold, or disposed of, for delivery within the Chatham
Islands or used there by any wholesale distributor.
(3) An order under this section is secondary legislation (see Part 3 of the Legis‐
lation Act 2019 for publication requirements).
146
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Legislation Act 2019 requirements for secondary legislation made under this section
Publication PCO must publish it on the legislation website and notify LA19 s 69(1)(c)
it in the Gazette
Presentation The Minister must present it to the House of LA19 s 114, Sch 1
Representatives cl 32(1)(a)
Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
Section 182(1): replaced, on 1 October 2008, by section 6(1) of the Local Government Act 1974
Section 182(2): amended, on 1 October 2008, by section 6(2) of the Local Government Act 1974
Section 182(3): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021
(2021 No 7).
183 Tax areas for purposes of tax

(1) The tax areas shall be those named in the first column of Schedule 7, and the
component districts of each such tax area shall be those specified in the second
column of the said schedule opposite the name of the tax area.
(2) If at any time the boundaries of the district of a territorial authority comprised
in any tax area are altered, the alteration shall have effect with respect to the
tax area, and the boundaries of the tax area shall be deemed to be altered
accordingly.
Section 183: replaced, on 1 July 1992, by section 19 of the Local Government Amendment Act 1992
(1992 No 42).
184 Notice of change of distribution authority

Where pursuant to this Part the functions of a distribution authority are trans‐
ferred from one component authority to another component authority, the com‐
ponent authority to which the functions are transferred shall give notice accord‐
ingly to—
(a) every wholesale distributor at his head office in New Zealand; and
(b) the Secretary.
(No 3) 1977 (1977 No 122).
185 Powers of component authorities to levy fuel tax

(1) There may from time to time, on behalf of the component authorities of any tax
area, be levied in accordance with this Part a tax, to be called the local author‐
ities fuel tax, on all specified engine fuel that, on or after the date on which the
tax becomes effective, is—
(a) delivered within the tax area by or on behalf of any wholesale distributor
pursuant to any sale, agreement to sell, or disposition made by the
wholesale distributor before or after the commencement of this Part,
147
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irrespective of where the sale, agreement to sell, or disposition was

made; or
(b) used by any wholesale distributor within the tax area.
(2) Any tax so levied shall be—
(a) at the rates specified in scale A or in scale B or in scale C in Schedule 6;
and
(b) in respect of each class of specified engine fuel specified in that sched‐
ule, at the rate specified for that class in the scale under which the tax is
levied.
(3) Notwithstanding anything in subsection (1), no local authorities fuel tax shall
be levied or payable in respect of any transaction whereby—
(a) any specified engine fuel is sold or agreed to be sold or disposed of by a
wholesale distributor to another wholesale distributor; or
(b) any specified engine fuel is exported by a wholesale distributor, or is
sold or agreed to be sold or disposed of by him for exportation, and is
loaded upon the exporting ship or aircraft.
(3A) If any type of diesel is a specified engine fuel, the local authorities fuel tax
applies to blends of kerosene and diesel as if they were entirely diesel.
(4) Subject to this Part, the local authorities petroleum tax being levied immedi‐
ately before the commencement of this Part pursuant to the Local Authorities
(Petroleum Tax) Act 1970 shall continue to be levied under this Part, as if the
decision to levy the tax had been made under this Part, until the scale of tax is
altered pursuant to section 186, and every notice in the form set out in Sched‐
ule 3 of the Local Authorities (Petroleum Tax) Act 1970 given by a local
authority under section 10(a) of that Act shall continue in force after the com‐
mencement of this Part as if it were a notice given under this Act in the form
set out in Schedule 8.
(5) Every reference in an enactment or document to the local authorities petroleum
tax must, unless the context otherwise requires, be read as a reference to the
local authorities fuel tax.
(No 3) 1977 (1977 No 122).
Section 185 heading: amended, on 1 October 2008, by section 7(1) of the Local Government Act
1974 Amendment Act 2008 (2008 No 63).
Section 185(2)(b): amended, on 1 October 2008, by section 7(3) of the Local Government Act 1974
148
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Section 185(3)(a): amended, on 1 October 2008, by section 7(5) of the Local Government Act 1974
Section 185(3A): inserted, on 1 October 2008, by section 7(6) of the Local Government Act 1974
Section 185(5): inserted, on 1 October 2008, by section 7(7) of the Local Government Act 1974
186 Alteration of scale of tax

(1) The scale of the tax in force in any tax area may from time to time be altered
by a determination of a meeting of representatives of all component authorities
of the tax area.
(2) [Repealed]
(3) No alteration in the scale of the tax shall be made under subsection (1) to take
effect at any time within 12 months after the date of the taking effect of a previ‐
ous determination under this section.
(4) Each component authority (including the distribution authority) may appoint
one of its members to attend as its representative any meeting under subsection
(1).
(5) Every representative so appointed shall be entitled to exercise 1 vote at the
meeting:
provided that if the population of any component district is 7 500 or more, its
representative shall have 1 additional vote.
(6) Every question at the meeting shall be decided on a majority of the valid votes
cast at the meeting.
(7) Subject to this section, the representatives present at the meeting may regulate
their own procedure.
(8) Sections 6, 7, and 8 of the Local Authorities (Members’ Interests) Act 1968
shall apply with respect to every meeting to which subsection (1) applies as if
the meeting were a meeting of members of a committee of a local authority
within the meaning of that Act.
(9) Every meeting to which subsection (1) applies shall be deemed for the pur‐
poses of the Local Government Official Information and Meetings Act 1987 to
be a meeting of a public body within the meaning of that Act, and that Act
shall apply accordingly. For the purposes of section 51 of that Act, the office of
the distribution authority shall be deemed to be the office of the component
authorities.
(10) No alteration in the scale of tax shall be made to take effect on any day other
than the first day of a specified month.
Compare: 1970 No 134 ss 7(2), (3), (4), (5), 9, 30, 31; 1974 No 66 s 137
149
Version as at
(No 3) 1977 (1977 No 122).
Section 186(1): replaced, on 1 July 1992, by section 20(1) of the Local Government Amendment Act
1992 (1992 No 42).
Section 186(2): repealed, on 1 July 1992, by section 20(2) of the Local Government Amendment Act
1992 (1992 No 42).
Section 186(3): replaced, on 1 July 1992, by section 20(3) of the Local Government Amendment Act
1992 (1992 No 42).
Section 186(9): amended, on 1 March 1988, pursuant to section 58(1) of the Local Government Offi‐
cial Information and Meetings Act 1987 (1987 No 174).
187 Notice of alteration of tax

On the making of any alteration to the scale of tax to be levied in any tax area,
the principal administrative officer of the distribution authority shall forth‐
with—
(a) give public notice, which shall be published in newspapers circulating in
the tax area, in the form set out in Schedule 8, of the alteration of the tax,
of the date on which it becomes effective, and of the tax area to which it
applies; and
(b) send to every wholesale distributor at his head office for New Zealand a
notice to the same effect; and
(c) send to the Secretary of Trade and Industry a notice to the same effect.
(No 3) 1977 (1977 No 122).
Section 187: amended, on 19 January 1981, pursuant to section 2(2) of the Local Government
188 Functions of distribution authority

The functions of a distribution authority shall be—
(a) of its own motion or at the request of 2 or more component authorities of
the tax area, to convene such meetings as may be required for the pur‐
poses of section 186:
(b) to collect and distribute the proceeds of the tax within the tax area in
accordance with section 198:
(c) to provide such administrative, secretarial, and accounting services as
are necessary for the purpose of this section.
Compare: 1970 No 134 ss 17, 18
(No 3) 1977 (1977 No 122).
Section 188 proviso: repealed, on 1 July 1992, by section 21 of the Local Government Amendment
Act 1992 (1992 No 42).
150
Version as at
Collection of tax
Heading: inserted, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3)
1977 (1977 No 122).
189 Returns by wholesale distributors

(1) Within 28 days after the end of each accounting month within the meaning of
the Motor Spirits Duty Act 1961, every wholesale distributor shall send to the
principal administrative officer of the distribution authority of every tax area in
which a local authorities fuel tax is for the time being in force a return (here‐
after referred to as the monthly return) in the prescribed form setting forth—
(a) the quantity of each class of specified engine fuel delivered within the
tax area by him or on his behalf pursuant to any sale, agreement to sell,
or disposition to which section 185 applies, or used by him within the
tax area, during that accounting month; and
(b) the amount of local authorities fuel tax payable on each such quantity;
and
(c) such other particulars (if any) as may be prescribed.
(2) Every wholesale distributor who fails to send to any such principal administra‐
tive officer as aforesaid any monthly return required by this section commits an
offence against this Act.
(No 3) 1977 (1977 No 122).
Section 189(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government
Section 189(1)(a): amended, on 1 October 2008, by section 8(2) of the Local Government Act 1974
190 Assessment of tax

(1) The monthly return under section 189 may be accepted by the principal admin‐
istrative officer as sufficient proof of the matters set forth in them, and the local
authorities fuel tax may be assessed by the principal administrative officer
accordingly.
(2) For the purposes of this Part, the Auditor-General has, in respect of the records
of wholesale distributors relating to specified engine fuel sold, agreed to be
sold, disposed of, delivered, or used by the local authority, the same powers as
it has under the Public Audit Act 2001.
(3) After any such inspection or examination as aforesaid, the Auditor-General
may require the principal administrative officer of the distribution authority of
151
Version as at
any tax area in which a local authorities fuel tax is in force to make any assess‐
ment or amended assessment for the purpose of this Part, and it shall be the
duty of the principal administrative officer to comply with that requirement.
(No 3) 1977 (1977 No 122).
Section 190(2): replaced, on 1 July 2001, by section 46 of the Public Audit Act 2001 (2001 No 10).
Section 190(3): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001
No 10).
191 Assessment presumed to be correct

Every assessment made by the principal administrative officer under this Part
shall be taken to be correct, and the tax shall be payable accordingly, unless, on
an appeal under section 192 or in proceedings taken under this Act in a court of
competent jurisdiction, a different amount is proved to be the tax payable on
the specified engine fuel, or it is proved that no tax is payable, as the case may
be.
(No 3) 1977 (1977 No 122).
Section 191: amended, on 1 October 2008, by section 10 of the Local Government Act 1974 Amend‐
ment Act 2008 (2008 No 63).
Section 191: amended, on 19 January 1981, pursuant to section 2(2) of the Local Government
192 Appeal against assessment

(1) Within 14 days after a demand for the tax is made by the principal administra‐
tive officer in accordance with his assessment, the wholesale distributor may
appeal to the District Court, by way of originating application, against the
assessment.
(2) On the hearing of the appeal, the court, whose decision shall be final, may con‐
firm or amend the assessment made by the principal administrative officer.
152
Version as at
(No 3) 1977 (1977 No 122).
Section 192(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016
No 49).
193 Tax recoverable as a debt

(1) Any local authorities fuel tax payable on any specified engine fuel shall, imme‐
diately on the delivery of the specified engine fuel within the tax area, or on its
use in the tax area by the wholesale distributor, constitute a debt owing to the
distribution authority of the tax area by the wholesale distributor, and be recov‐
erable accordingly.
(2) Subject to this Part, any such debt in respect of any local authorities fuel tax for
any accounting month shall become payable by the wholesale distributor on the
20th day of the calendar month following that in which the monthly return for
the accounting month is required by section 189 to be sent to the principal
administrative officer, whether or not the return is so sent.
(3) The right to recover any tax as a debt under this section shall not be affected by
the fact that no proper assessment of the tax has been made in due course under
this Part, or that a deficient assessment of the tax has been made.
(No 3) 1977 (1977 No 122).
194 Penalty for late payment of tax

Notwithstanding the provisions of this Part, if any local authorities fuel tax that
has become payable remains unpaid after the date on which it became payable
under section 193, 10% of the amount of the tax unpaid shall be added to it by
way of additional tax, and shall be payable accordingly:
provided that a meeting of representatives of the component authorities, held in
accordance with section 186, may in any particular case, for reasons which in
its discretion it thinks sufficient, remit the whole or any part of the additional
tax payable.
153
Version as at
(No 3) 1977 (1977 No 122).
Section 194: amended, on 1 October 2008, by section 12 of the Local Government Act 1974 Amend‐
ment Act 2008 (2008 No 63).
Application of proceeds of tax

Heading: inserted, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3)
1977 (1977 No 122).
195 Separate bank account to be kept by distribution authority

(1) All money received by the distribution authority of any tax area pursuant to
this Part shall be paid into the bank at which the distribution authority keeps its
general funds, to the credit of a separate account to be called “The [name of tax
area] Local Authorities Fuel Tax Account”.
(2) The provisions of this Act as to the manner in which money may be paid from
its bank accounts shall apply with respect to payments made from the said
account.
(No 3) 1977 (1977 No 122).
Section 195(1): amended, on 1 October 2008, by section 13 of the Local Government Act 1974
196 Accounts to be kept in accordance with requirements of Auditor-General

(1) The distribution authority of every tax area shall keep such accounts, and keep
them in such manner, as may be directed by the Auditor-General in respect of
the collection, application, or distribution of the proceeds of any local author‐
ities fuel tax levied in the tax area.
(2) The decision of the Auditor-General as to whether or not any expenditure is
properly chargeable against any such account shall be final.
(No 3) 1977 (1977 No 122).
Section 196 heading: amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001
(2001 No 10).
Section 196(1): amended, on 1 October 2008, by section 14 of the Local Government Act 1974
No 10).
No 10).
197 Transfer by distribution authority of authorised cost of services

(1) The distribution authority of any tax area may from time to time transfer to its
general revenues from the Local Authorities Fuel Tax Account all reasonable
costs and expenses incurred by it in or about the levying, collection, recovery,
154
Version as at
application, and distribution of any local authorities fuel tax in the tax area, and
a reasonable remuneration for clerical and other work done in the administra‐
tion of this Part within the tax area.
(2) If any dispute arises as to any amount transferred under subsection (1), or to be
transferred or otherwise in relation thereto, it shall be decided by the Auditor-
General, whose decision shall be final.
(3) Except as provided in this Part, it shall not be lawful for the distribution author‐
ity to transfer any money from the Local Authorities Fuel Tax Account to any
other account.
Section 197: replaced, on 1 July 1992, by section 22 of the Local Government Amendment Act 1992
(1992 No 42).
No 10).
198 Distribution of proceeds

(1) Subject to this Part, the proceeds of the tax in a tax area in any year shall be
distributed by the distribution authority among the component authorities of the
tax area (including the distribution authority) according to the proportion which
the total rate revenue of each such component authority for the immediately
preceding financial year bears to the total rate revenue of all the component
authorities for that preceding financial year.
(2) For the purposes of this section, the expression rate revenue, in relation to any
component authority, means all rates, and all charges and fees deemed under
any enactment to be rates made and levied by that component authority on its
own behalf.
(3) Nothing in this section shall be deemed to prevent a region or district forming
part of 2 or more tax areas.
(4) Any money paid to any component authority under this section shall form part
of the general revenues of that component authority.
Section 198: replaced, on 16 December 1989, by section 24(1) of the Local Government Reform
(Transitional Provisions) Act 1990 (1990 No 27).
Section 198(2): replaced, on 1 July 1992, by section 23 of the Local Government Amendment Act
1992 (1992 No 42).
199 Effect on agreements of imposition or alteration of tax

For the purposes of this Act, section 159 of the Customs Act 1966, so far as it
is applicable and with all necessary modifications, shall apply to agreements
for the sale of specified engine fuel as if the local authorities fuel tax were duty
155
Version as at
within the meaning of that Act, and as if the imposition or alteration of the tax
were an alteration to which that section applies.
Section 199: inserted, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3)
1977 (1977 No 122).
Section 199: amended, on 1 October 2008, by section 16(1) of the Local Government Act 1974
Section 199: amended, on 1 October 2008, by section 16(2) of the Local Government Act 1974
199A Order in Council prescribing local authorities fuel tax

(1) The Governor-General may, by Order in Council,—
(a) specify the engine fuels set out in the Excise and Excise-equivalent
Duties Table (as defined in section 5(1) of the Customs and Excise Act
2018) to be specified engine fuel for the purposes of this Act; and
(b) prescribe the scale rates for specified engine fuel.
(2) The scale rates of the local authorities fuel tax prescribed by an Order in Coun‐
cil under subsection (1)(b) may not exceed the rate of the local authorities fuel
tax scale rates set out in Schedule 6 for any class of engine fuel—
(a) for which the specified engine fuel is a functional substitute; or
(b) with which the specified engine fuel is commonly blended.
(3) Subsection (2) overrides subsection (1).
(4) An order under this section is secondary legislation (see Part 3 of the Legis‐
lation Act 2019 for publication requirements).
it in the Gazette
Disallowance It may be disallowed by the House of Representatives LA19 s 115, 116
Section 199A: inserted, on 1 October 2008, by section 17 of the Local Government Act 1974
Section 199A(1)(a): replaced, on 1 January 2010, by section 11(4) of the Customs and Excise
Section 199A(1)(a): amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act
2018 (2018 No 4).
Section 199A(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021
(2021 No 7).
200 Regulations in respect of local authorities fuel tax

(1) Without limiting the power to make regulations conferred by section 723, regu‐
lations may be made under that section for all or any of the following purposes:
156
Version as at
1 July 2022 Local Government Act 1974 Part 11A s 200B
(a) prescribing such forms, returns, and notices as may be necessary for any
purpose under this Part:
(b) prescribing matters to be included in any returns to be made or accounts
or records to be kept by wholesale distributors or other persons for any
purpose under this Part:
(c) providing for such matters as are contemplated by or necessary for giv‐
ing full effect to the provisions of this Part and for its due administration.
(2) Regulations made for the purpose of this section are secondary legislation (see
Part 3 of the Legislation Act 2019 for publication requirements).
it in the Gazette
Section 200: inserted, on 1 April 1978, by section 2 of the Local Government Amendment Act (No 3)
1977 (1977 No 122).
Section 200 heading: amended, on 1 October 2008, by section 18 of the Local Government Act 1974
1979 (1979 No 59).
(2021 No 7).
Part 11A
Regional petrol tax
[Repealed]
Part 11A: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment Act
(No 2) 1995 (1995 No 40).
200A Interpretation
[Repealed]
Section 200A: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200B Application of this Part

[Repealed]
Section 200B: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
157
Version as at
Part 11A s 200C Local Government Act 1974 1 July 2022
200C Power of regional councils to levy regional petrol tax

[Repealed]
Section 200C: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200D Regional petrol tax to be notified

[Repealed]
Section 200D: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200E Restriction on collection of tax

[Repealed]
Section 200E: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200F Application of proceeds of tax

[Repealed]
Section 200F: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200G Returns by wholesale distributors

[Repealed]
Section 200G: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200H Assessment of tax

[Repealed]
Section 200H: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200I Assessment presumed to be correct

[Repealed]
Section 200I: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200J Appeal against assessment

[Repealed]
Section 200J: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200K Tax recoverable as a debt

[Repealed]
Section 200K: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
158
Version as at
200L Penalty for late payment of tax

[Repealed]
Section 200L: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200M Effect on agreements of imposition or alteration of tax

[Repealed]
Section 200M: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
200N Accounting month

[Repealed]
Section 200N: repealed, on 1 February 1996, by section 4(1) of the Local Government Amendment
Act (No 2) 1995 (1995 No 40).
Part 12
Accounting documents, special funds, trading undertakings, and
expenditure
[Repealed]
No 84).
201 Application and interpretation of Part 12

[Repealed]
Section 201: repealed, on 1 July 1990, by section 22(1)(a) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
Financial records
[Repealed]
202 Financial records

[Repealed]
Section 202: repealed, on 1 July 1990, by section 22(1)(b) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
203 Allocation of administration costs

[Repealed]
Section 203: repealed, on 19 January 1981, by section 27(1) of the Local Government Amendment
Act 1980 (1980 No 82).
159
Version as at
204 Inspection of documents by electors and others

[Repealed]
Section 204: repealed, on 1 July 1990, by section 22(1)(c) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
Custody of and payment of money

[Repealed]
No 84).
205 Payment to and withdrawal from bank accounts

[Repealed]
(No 2) 1989 (1989 No 29).
206 Deposit at interest

[Repealed]
(No 2) 1989 (1989 No 29).
207 Council may establish Imprest Accounts

[Repealed]
(No 2) 1989 (1989 No 29).
208 Council may establish special funds

[Repealed]
(No 2) 1989 (1989 No 29).
209 Certain funds deemed to be special funds under this Act

[Repealed]
(No 2) 1989 (1989 No 29).
Special provisions as to trading undertakings

[Repealed]
210 Asset renewal charge

[Repealed]
(No 2) 1989 (1989 No 29).
160
Version as at
211 Application of asset renewal charge

[Repealed]
(No 2) 1989 (1989 No 29).
212 Investment of asset renewal charge

[Repealed]
(No 2) 1989 (1989 No 29).
213 Power to revoke appointment of Commissioners

[Repealed]
(No 2) 1989 (1989 No 29).
Remuneration and expenses of, and use of facilities by, mayor or chairman and
other members
[Repealed]
214 Interpretation
[Repealed]
Section 214: repealed, on 1 July 1989, by section 23(1)(a) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
214A Annual allowances to be determined by Higher Salaries Commission

[Repealed]
Section 214A: repealed, on 1 July 1989, by section 23(1)(a) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214B Annual allowances and remuneration to be determined by Minister

following determination by Higher Salaries Commission
[Repealed]
Section 214B: repealed, on 1 July 1989, by section 23(1)(b) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214C Alteration to annual allowances or remuneration of chairmen, deputy

chairmen, chairmen of standing or special committees, and other members
of local authorities
[Repealed]
Section 214C: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
161
Version as at
214D Payment of annual allowances and remuneration

[Repealed]
Section 214D: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214E Attendance at certain conferences and meetings to be remunerated

[Repealed]
Section 214E: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214F Remuneration of persons who are neither members nor employees of local
authority
[Repealed]
Section 214F: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214G Annual allowances and remuneration not payable in certain

circumstances
[Repealed]
Section 214G: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214H Annual allowance of chairman of district community council

[Repealed]
Section 214H: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214I Remuneration of chairman and other members of community council

[Repealed]
Section 214I: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
214J Annual allowance or remuneration payable to existing office holder not to

be reduced
[Repealed]
Section 214J: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214K Reduction of annual allowance where full term not served

[Repealed]
Section 214K: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
162
Version as at
214L Officer holder may decline to accept annual allowance or remuneration

[Repealed]
Section 214L: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
214M Fund from which allowances and remuneration to be paid

[Repealed]
Section 214M: repealed, on 1 July 1989, by section 23(1)(c) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
215 Travelling expenses of members

[Repealed]
Section 215: repealed, on 1 July 1989, by section 23(1)(d) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
216 Travelling expenses of members attending conferences

[Repealed]
Section 216: repealed, on 1 July 1989, by section 23(1)(e) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
217 Expenses of members of district community councils and community

councils
[Repealed]
Section 217: repealed, on 1 July 1989, by section 23(1)(f) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
218 Use of transport facilities by members

[Repealed]
(No 2) 1989 (1989 No 29).
219 Miscellaneous expenditure

[Repealed]
Section 219: repealed, on 1 July 1990, by section 22(1)(d) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
[Repealed]
No 84).
220 Government not liable for district debts

[Repealed]
Section 220: repealed, on 1 July 1990, by section 22(1)(e) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
163
Version as at
221 Rates of interest

[Repealed]
(No 2) 1989 (1989 No 29).
222 Offences by employees with respect to money or accounts

[Repealed]
Section 222: repealed, on 1 July 1990, by section 22(1)(g) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
223 Regulations as to collection of and accounting for money

[Repealed]
Section 223: repealed, on 1 July 1990, by section 22(1)(h) of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
223A Preparation of financial statements in certain circumstances

[Repealed]
Section 223A: repealed, on 1 July 1990, by section 22(1)(i) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
Part 12A
[Repealed]
223B Commencement
[Repealed]
No 84).
223C Conduct of affairs

[Repealed]
No 84).
223CA Special provisions applying to Wellington Regional Council

[Repealed]
Section 223CA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
223D Annual plan

[Repealed]
No 84).
164
Version as at
1 July 2022 Local Government Act 1974 Part 12A s 223L
223E Annual report

[Repealed]
No 84).
223F Financial systems

[Repealed]
No 84).
223G Failure to comply with financial reporting requirements

[Repealed]
No 84).
223H Inspection of financial records by members and specified officers of local

authority
[Repealed]
No 84).
223I Banking and related matters

[Repealed]
No 84).
223J Miscellaneous expenditure

[Repealed]
No 84).
223K Unauthorised expenditure

[Repealed]
No 84).
223L Government not liable for debts

[Repealed]
No 84).
165
Version as at
Part 13
Council property
[Repealed]
Part 13: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
224 Interpretation
[Repealed]
No 84).
225 Property for council purposes

[Repealed]
No 84).
225A Interpretation
[Repealed]
No 84).
225B Port company shares and assets and liabilities of former harbour boards
[Repealed]
No 84).
225C Application of proceeds of sale

[Repealed]
No 84).
225D Community trusts

[Repealed]
No 84).
225E Purpose of Trust

[Repealed]
No 84).
225F Trustees
[Repealed]
No 84).
166
Version as at
225G Term of office of trustees

[Repealed]
No 84).
225H Persons not capable of holding office as trustee

[Repealed]
No 84).
225I Financial statements

[Repealed]
No 84).
225J Trustees to hold public meeting

[Repealed]
No 84).
225K Matters to be included in trust deed

[Repealed]
No 84).
225L Trust deed not to be inconsistent with provisions of this Act

[Repealed]
No 84).
225M Application of Trustee Act 1956

[Repealed]
No 84).
226 Disposal of council property (other than land)

[Repealed]
No 84).
227 Shops and offices

[Repealed]
No 84).
167
Version as at
228 Council may purchase land by instalments

[Repealed]
No 84).
Part 14
Sale and leasing of land
[Repealed]
No 84).
229 Interpretation
[Repealed]
(1992 No 42).
230 Sale or exchange of council land

[Repealed]
No 84).
231 Leasing of land by council

[Repealed]
No 84).
232 Lease of council building as cinematograph theatre

[Repealed]
No 84).
233 Leases to other local authorities may be by private contract

[Repealed]
No 84).
234 Special provisions with respect to land and buildings reserved for
recreation
[Repealed]
No 84).
168
Version as at
235 Council may grant easements

[Repealed]
No 84).
236 Transfers and leases to Crown for reserves or public purposes

[Repealed]
No 84).
Part 15
Works of councils
[Repealed]
(No 2) 1989 (1989 No 29).
237 Interpretation
[Repealed]
Act (No 2) 1989 (1989 No 29).
237A Power to acquire land

[Repealed]
Act (No 2) 1989 (1989 No 29).
237B Land for regional planning

[Repealed]
Section 237B: repealed, on 1 November 1989, by section 25(1) of the Local Government Amend‐
ment Act (No 2) 1989 (1989 No 29).
238 General powers of council in respect of works

[Repealed]
Act (No 2) 1989 (1989 No 29).
238A Execution of works and services for united council

[Repealed]
ment Act (No 2) 1989 (1989 No 29).
239 Council involvement in joint ventures with other persons

[Repealed]
Act (No 2) 1989 (1989 No 29).
169
Version as at
239A Agreement for execution of works and development for regional planning
purposes
[Repealed]
ment Act (No 2) 1989 (1989 No 29).
239B Joining of other local authorities in, and sharing of expenses of, works and
development for regional planning
[Repealed]
Section 239B: repealed, on 1 November 1989, by section 25(1) of the Local Government Amend‐
ment Act (No 2) 1989 (1989 No 29).
240 Compensation payable by council for land taken or injuriously affected

[Repealed]
Act (No 2) 1989 (1989 No 29).
241 Government works not to be interfered with

[Repealed]
Act (No 2) 1989 (1989 No 29).
242 Council not authorised to create nuisance

[Repealed]
Act (No 2) 1989 (1989 No 29).
243 Protection of permanent reference marks

[Repealed]
Act (No 2) 1989 (1989 No 29).
Part 16
Contracts
[Repealed]
(No 2) 1989 (1989 No 29).
244 Interpretation
[Repealed]
Act (No 2) 1989 (1989 No 29).
170
Version as at
1 July 2022 Local Government Act 1974 Part 16A s 247D
245 Contracts for works

[Repealed]
Act (No 2) 1989 (1989 No 29).
246 Council may contract with Minister of Works and Development and other
local authorities and public bodies for execution of works
[Repealed]
Act (No 2) 1989 (1989 No 29).
247 Co-operative contracts

[Repealed]
Act (No 2) 1989 (1989 No 29).
Part 16A
Works and contracts
[Repealed]
247A Commencement
[Repealed]
No 84).
247B General powers

[Repealed]
No 84).
247C General power to be involved in business and other ventures

[Repealed]
No 84).
247D Method to be adopted

[Repealed]
No 84).
171
Version as at
Part 16A s 247E Local Government Act 1974 1 July 2022
247E Contracts and tenders

[Repealed]
No 84).
247F Power to acquire land

[Repealed]
No 84).
247G Compensation payable by local authority for land taken or injuriously

affected
[Repealed]
No 84).
247H Local authority not authorised to create nuisance

[Repealed]
No 84).
Part 17
Documents and local archives
[Repealed]
Part 17: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
248 Interpretation
[Repealed]
Section 248: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005
No 40).
Documents
[Repealed]
Heading: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
249 Council to make arrangements in connection with documents

[Repealed]
No 40).
250 Documents of district community councils and community councils

[Repealed]
No 40).
172
Version as at
251 Documents of abolished local authorities

[Repealed]
No 40).
252 Authentication of documents by council or board

[Repealed]
No 40).
253 Service of documents, etc

[Repealed]
No 40).
254 Loss or destruction of documents, etc

[Repealed]
No 40).
255 Certified copies of documents

[Repealed]
No 40).
Local archives
[Repealed]
Heading: repealed, on 21 April 2005, by section 66(b) of the Public Records Act 2005 (2005 No 40).
256 Protection of local archives

[Repealed]
No 40).
257 Use of local archives

[Repealed]
No 40).
258 Acquisition of local archives and other documents

[Repealed]
No 40).
173
Version as at
259 Destruction of certain local archives

[Repealed]
No 40).
Part 18
General provisions as to functions and powers
[Repealed]
(No 2) 1989 (1989 No 29).
260 Functions of united councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
261 Regional or united council may undertake constituent authority functions

[Repealed]
Act (No 2) 1989 (1989 No 29).
262 Functions conferred by Order in Council

[Repealed]
Act (No 2) 1989 (1989 No 29).
263 Provisions on transfer of functions

[Repealed]
Act (No 2) 1989 (1989 No 29).
Part 19
Functions of regional and united councils only
[Repealed]
(No 2) 1989 (1989 No 29).
264 Interpretation
[Repealed]
Act (No 2) 1989 (1989 No 29).
174
Version as at
1 July 2022 Local Government Act 1974 Part 19A s 269A
265 New regional functions

[Repealed]
Act (No 2) 1989 (1989 No 29).
266 Councils to exercise civil defence functions

[Repealed]
Act (No 2) 1989 (1989 No 29).
266A Functions relating to developments of regional importance

[Repealed]
ment Act (No 2) 1989 (1989 No 29).
267 Delegation of functions from Crown

[Repealed]
Act (No 2) 1989 (1989 No 29).
268 Territorial authority may perform functions of regional council in certain

circumstances
[Repealed]
Act (No 2) 1989 (1989 No 29).
269 Out-districts
[Repealed]
Act (No 2) 1989 (1989 No 29).
Part 19A
Administration of petroleum rationing by regional councils and
united councils
[Repealed]
Part 19A: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act 1992
(1992 No 42).
269A Interpretation
[Repealed]
Section 269A: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act
1992 (1992 No 42).
175
Version as at
Part 19A s 269B Local Government Act 1974 1 July 2022
269B Regions for the purposes of this Part

[Repealed]
Section 269B: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act
1992 (1992 No 42).
269C Councils to undertake petroleum products rationing

[Repealed]
Section 269C: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act
1992 (1992 No 42).
269D Petroleum products rationing organisation plans

[Repealed]
Section 269D: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act
1992 (1992 No 42).
269E Petroleum products rationing administrative plans

[Repealed]
Section 269E: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act
1992 (1992 No 42).
269F Amendment to approved plans

[Repealed]
Section 269F: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act
1992 (1992 No 42).
269G Regional and united councils and territorial authorities to give effect to
operative petroleum products rationing plans
[Repealed]
Section 269G: repealed, on 1 July 1992, by section 33(1) of the Local Government Amendment Act
1992 (1992 No 42).
Part 20
Subdivision and development of land
[Repealed]
Part 20: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991
No 69).
270 Interpretation and application

[Repealed]
Section 270: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
176
Version as at
270A Local Government Amendment Act 1981 not to apply to certain

developments not completed at 1 January 1981
[Repealed]
Section 270A: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
271 Subdivision defined

[Repealed]
(1991 No 69).
271A Development defined

[Repealed]
(1991 No 69).
272 Application of this Part to the Crown

[Repealed]
(1991 No 69).
273 Application of this Part to subdivision or development by council

[Repealed]
(1991 No 69).
273A Application of this Part to developments by local authorities

[Repealed]
(1991 No 69).
273B Application of this Part to development by hospital boards

[Repealed]
Section 273B: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
273C Application of this Part to relocatable home parks

[Repealed]
Section 273C: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
177
Version as at
Subdivision
[Repealed]
Heading: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991 (1991
No 69).
274 Subdivision not to be permitted in certain circumstances

[Repealed]
(1991 No 69).
275 Scheme plan to be submitted to council

[Repealed]
(1991 No 69).
276 Concept plan may be required in certain cases

[Repealed]
(1991 No 69).
277 Concept plan to be referred to certain authorities

[Repealed]
(1991 No 69).
278 Action to be taken in respect of concept plan

[Repealed]
(1991 No 69).
279 Powers of council where scheme plan submitted

[Repealed]
(1991 No 69).
280 Council and owner may agree for subdivision to proceed

[Repealed]
(1991 No 69).
281 Application of Part 21

[Repealed]
(1991 No 69).
178
Version as at
282 Minimum frontage and area requirements

[Repealed]
(1991 No 69).
283 Public water supply, drainage, electricity reticulation, and gas supply
[Repealed]
(1991 No 69).
Reserves
[Repealed]
No 69).
284 Reserves policy

[Repealed]
(1991 No 69).
285 Reserves contributions in case of residential subdivisions

[Repealed]
(1991 No 69).
286 Reserves contributions in respect of subdivision for commercial or

industrial purposes
[Repealed]
(1991 No 69).
287 Reserves contributions previously paid

[Repealed]
(1991 No 69).
288 Payment and use of reserves contributions

[Repealed]
(1991 No 69).
289 Reserves along areas of water

[Repealed]
(1991 No 69).
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290 Compensation in respect of land along areas of water set aside as reserves
[Repealed]
(1991 No 69).
291 Preservation of trees and buildings of historic interest and wildlife habitat
[Repealed]
(1991 No 69).
292 Reserves for future service lanes

[Repealed]
(1991 No 69).
Development
[Repealed]
No 69).
293 Development plans

[Repealed]
(1991 No 69).
294 Reserves and public services contributions in respect of development

[Repealed]
(1991 No 69).
294A Calculation of development levy

[Repealed]
(1991 No 69).
294B Application of other sections to developments

[Repealed]
Section 294B: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
294C Variation of development plan or conditions imposed

[Repealed]
Section 294C: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
180
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294D Reserves contributions or development levy where development varied

[Repealed]
Section 294D: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
294E Redetermination of assessed value

[Repealed]
Section 294E: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
294F Determination of actual capital value of development

[Repealed]
Section 294F: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
294FA Amendment of development levy when development completed

[Repealed]
Section 294FA: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
294G Calculation of reserves contributions and development levy when

development completed
[Repealed]
Section 294G: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
294H Application of development levies fixed by council

[Repealed]
Section 294H: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
294I Owner to contribute to certain regional works

[Repealed]
Section 294I: repealed, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
Provision for parking

[Repealed]
No 69).
295 Provision for parking

[Repealed]
(1991 No 69).
181
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General provisions
[Repealed]
No 69).
296 Variation or revocation of scheme plan or conditions imposed

[Repealed]
(1991 No 69).
297 Refund of money if scheme plan revoked or lapses

[Repealed]
(1991 No 69).
297A Refund of money and return of land where development does not proceed
[Repealed]
(1991 No 69).
298 Valuation of land or of work done

[Repealed]
(1991 No 69).
299 Objection to decision relating to developments

[Repealed]
(1991 No 69).
300 Appeals to Planning Tribunal

[Repealed]
(1991 No 69).
301 Appeal against determination of valuer

[Repealed]
(1991 No 69).
302 Work may begin pending decision on objection or appeal

[Repealed]
(1991 No 69).
182
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303 Completion certificate

[Repealed]
(1991 No 69).
304 Bonds
[Repealed]
(1991 No 69).
305 Survey plan may be submitted to council for approval

[Repealed]
(1991 No 69).
306 Survey plan to be deposited

[Repealed]
(1991 No 69).
306A Vesting of land in council in respect of a development

[Repealed]
(1991 No 69).
307 Agreement to sell land or building before deposit of plan

[Repealed]
(1991 No 69).
308 Plan approved subject to amalgamation or transfer of allotments

[Repealed]
(1991 No 69).
309 Plan approved subject to grant or reservation of easements

[Repealed]
(1991 No 69).
310 Contravention not to affect title to land

[Repealed]
(1991 No 69).
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311 Offences
[Repealed]
(1991 No 69).
312 Savings as to previous approvals

[Repealed]
(1991 No 69).
313 Code of urban subdivision

[Repealed]
(1991 No 69).
314 Registration of company leases and cross leases

[Repealed]
(1991 No 69).
Part 21
Roads (other than regional roads), service lanes, and access ways
Part 21: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978
(1978 No 43).
315 Interpretation
(1) In this Part, unless the context otherwise requires,—
access way means any passage way, laid out or constructed by the authority of
the council or the Minister of Works and Development or, on or after 1 April
1988, the Minister of Lands for the purposes of providing the public with a
convenient route for pedestrians from any road, service lane, or reserve to
another, or to any public place or to any railway station, or from one public
place to another public place, or from one part of any road, service lane, or
reserve to another part of that same road, service lane, or reserve
council means a territorial authority; and, in relation to land that does not form
part of any district, means the Minister of Local Government
district means the district of a territorial authority; and, in relation to land in
respect of which the Minister of Local Government is the council, means that
land
footpath means so much of any road as is laid out or constructed by authority
of the council primarily for pedestrians; and includes the edging, kerbing, and
channelling thereof
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private road means any roadway, place, or arcade laid out or formed within a
district on private land, whether before or after the commencement of this Part,
by the owner thereof, but intended for the use of the public generally
private way means any way or passage whatsoever over private land within a
district, the right to use which is confined or intended to be confined to certain
persons or classes of persons, and which is not thrown open or intended to be
open to the use of the public generally; and includes any such way or passage
as aforesaid which at the commencement of this Part exists within any district
road means the whole of any land which is within a district, and which—
(a) immediately before the commencement of this Part was a road or street
or public highway; or
(b) immediately before the inclusion of any area in the district was a public
highway within that area; or
(c) is laid out by the council as a road or street after the commencement of
this Part; or
(d) is vested in the council for the purpose of a road as shown on a deposited
survey plan; or
(e) is vested in the council as a road or street pursuant to any other enact‐
ment;—
and includes—
(f) except where elsewhere provided in this Part, any access way or service
lane which before the commencement of this Part was under the control
of any council or is laid out or constructed by or vested in any council as
an access way or service lane or is declared by the Minister of Works
and Development as an access way or service lane after the commence‐
ment of this Part or is declared by the Minister of Lands as an access
way or service lane on or after 1 April 1988:
(g) every square or place intended for use of the public generally, and every
bridge, culvert, drain, ford, gate, building, or other thing belonging
thereto or lying upon the line or within the limits thereof;—
but, except as provided in the Public Works Act 1981 or in any regulations
under that Act, does not include a motorway within the meaning of that Act or
the Government Roading Powers Act 1989
service lane means any lane laid out or constructed either by the authority of
the council or the Minister of Works and Development or, on or after 1 April
1988, the Minister of Lands for the purpose of providing the public with a side
or rear access for vehicular traffic to any land
survey plan has the same meaning as in the Resource Management Act 1991.
(2) [Repealed]
185
Version as at
(3) Nothing in this Part shall be construed as imposing any obligation on the coun‐
cil in relation to any private road or private way.
(4) Every accretion to any road along the bank of a river or stream or along the
mean high-water mark of the sea or along the margin of any lake caused by the
action of the river or stream or of the sea or lake shall form part of the road.
(5) Where any road along the bank of a river or stream or along the mean high-
water mark of the sea or along the margin of any lake is eroded by the action of
the river or stream or of the sea or lake, the portion of road so eroded shall con‐
tinue to be a road.
Compare: 1948 No 39 s 2; 1954 No 76 s 169(1)(a)–(e), (2), (5), (7); 1956 No 64 s 191(a)–(e), (g)–
(k); 1972 No 132 s 2; 1975 No 8 s 2(1)
Section 315: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978
(1978 No 43).
Section 315(1) access way: amended, on 1 April 1988, by section 15(a) of the Local Government
Section 315(1) council: amended, on 1 April 1988, by section 15(b) of the Local Government
Section 315(1) council: amended, on 14 January 1983, by section 28(1) of the Local Government
Section 315(1) district: amended, on 1 April 1988, by section 15(c) of the Local Government
Section 315(1) private road: amended, on 30 March 1985, by section 39(1) of the Local Govern‐
Section 315(1) regional council: repealed, on 1 July 1992, by section 34 of the Local Government
Section 315(1) road: amended, on 1 August 2008, by section 50(1) of the Land Transport Manage‐
Section 315(1) road: amended, on 1 February 1982, pursuant to section 248(1) of the Public Works
Act 1981 (1981 No 35).
Section 315(1) road paragraph (f): amended, on 1 April 1988, by section 15(d) of the Local Govern‐
Section 315(1) road paragraph (f): amended, on 12 December 1979, by section 7(1) of the Local
Section 315(1) scheme plan: repealed, on 1 October 1991, by section 362 of the Resource Manage‐
ment Act 1991 (1991 No 69).
Section 315(1) service lane: amended, on 1 April 1988, by section 15(e) of the Local Government
Section 315(1) survey plan: replaced, on 1 October 1991, by section 362 of the Resource Manage‐
ment Act 1991 (1991 No 69).
Section 315(2): repealed, on 1 April 1980 by section 9(1) of the Local Government Amendment Act
1979 (1979 No 59).
316 Property in roads

(1) Subject to section 318, all roads and the soil thereof, and all materials of which
they are composed, shall by force of this section vest in fee simple in the coun‐
cil of the district in which they are situated. There shall also vest in the council
186
Version as at
all materials placed or laid on any road in order to be used for the purposes
thereof.
(2) At the request of the New Zealand Transport Agency, a council may accept or
relinquish its property, or any part of its property, in a State highway.
(3) If a council acts under subsection (2),—
(a) the property in the State highway vests in the council or in the Crown (as
the case may be) without any instrument of transfer; and
(b) on presentation of an authenticated copy of the relevant resolution, the
Registrar-General of Land must alter the register accordingly.
(4) In this section the term road does not include—
(a) any government road:
(b) any State highway or part of a State highway situated in a county or in
that part of the district of a district council which before the constitution
of the district was or formed part of a county:
(c) any road in respect of which the Minister of Local Government is the
council:
(d) any regional road or part thereof (as defined in Part 22) which is vested
in the regional or united council.
Compare: 1954 No 76 s 170(1); 1956 No 64 s 191A(1); 1972 No 132 s 2
(1978 No 43).
Section 316(2): replaced, on 7 July 2004, by section 4 of the Local Government Act 1974 Amend‐
ment Act 2004 (2004 No 64).
Section 316(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management
ment Act 2004 (2004 No 64).
Section 316(4)(c): amended, on 23 July 1988, by section 11(2) of the Local Government Amendment
Act (No 3) 1988 (1988 No 109).
317 Control of roads

(1) Subject to section 318, all roads in the district shall be under the control of the
council:
provided that—
(a) a State highway or part thereof shall be under the control of the council
only where the New Zealand Transport Agency has, under section 62 of
the Government Roading Powers Act 1989, delegated that control to the
council:
(b) a government road shall be under the control of the Minister of Trans‐
port.
(c) [Repealed]
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(2) Any powers conferred on the council by this Part may be exercised—
(a) in relation to any State highway or part thereof, only if that State high‐
way or part is under the control of the council or the exercise of that
power by the council has been consented to by the New Zealand Trans‐
port Agency.
(b) [Repealed]
(1978 No 43).
Section 317(1) proviso paragraph (a): amended, on 1 August 2008, by section 50(1) of the Land
Transport Management Amendment Act 2008 (2008 No 47).
Section 317(1) proviso paragraph (a): amended, on 1 October 1989, by section 116(4) of the Govern‐
ment Roading Powers Act 1989 (1989 No 75).
Section 317(1) proviso paragraph (b): amended, on 1 April 1988, by section 16 of the Local Govern‐
Section 317(1) proviso paragraph (c): repealed, on 1 July 1992, by section 35 of the Local Govern‐
Section 317(1)(2)(a): amended, on 1 August 2008, by section 50(1) of the Land Transport Manage‐
Section 317(2)(b): repealed, on 1 July 1992, by section 35 of the Local Government Amendment Act
1992 (1992 No 42).
318 Control and maintenance of boundary roads

[Repealed]
Section 318: repealed, on 22 October 2019, by section 43 of the Local Government Act 2002
318A Transfer of responsibilities between regional councils and territorial

authorities
(1) A regional council may transfer 1 or more of its responsibilities under this Part
to a territorial authority under section 17 of the Local Government Act 2002.
(2) A territorial authority may transfer 1 or more of its responsibilities under this
Part to a regional council under section 17 of the Local Government Act 2002.
(3) In this section, responsibility means any responsibility, duty, or legal obliga‐
tion under this Act and includes—
(a) a responsibility that has previously been transferred under section 17 of
the Local Government Act 2002; and
(b) any powers associated with the responsibility, duty, or legal obligation.
Section 318A: inserted, on 22 October 2019, by section 42 of the Local Government Act 2002
188
Version as at
Formation, alteration, stopping, and closing of roads

Heading: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978
(1978 No 43).
319 General powers of councils in respect of roads

(1) The council shall have power in respect of roads to do the following things:
(a) to construct, upgrade, and repair all roads with such materials and in
such manner as the council thinks fit:
(b) [Repealed]
(c) to lay out new roads:
(d) to divert or alter the course of any road:
(e) to increase or diminish the width of any road subject to and in accord‐
ance with the provisions of the district plan, if any, and to this Act and
any other Act:
(f) to determine what part of a road shall be a carriageway, and what part a
footpath or cycle track only:
(g) to alter the level of any road or any part of any road:
(h) to stop or close any road or part thereof in the manner and upon the con‐
ditions set out in section 342 and Schedule 10:
(i) to make and use a temporary road upon any unoccupied land while any
road adjacent thereto is being constructed or repaired:
(j) to name and to alter the name of any road and to place on any building
or erection on or abutting on any road a plate bearing the name of the
road:
(k) to sell the surplus spoil of roads:
(l) for the purpose of providing access from one road to another, or from
one part of a road to another part of the same road, to construct on any
road, or on land adjacent to any road, elevators, moving platforms,
machinery, and overhead bridges for passengers or other traffic, and
such subways, tunnels, shafts, and approaches as are required in connec‐
tion therewith.
(2) Before exercising a power under this section to do anything that will or is
likely to interfere with any pipe, line, or other work associated with wastewater
or the supply of water, electricity, gas, or telecommunications, the council must
give not less than 10 working days’ notice in writing of the proposed interfer‐
ence to the owner of the pipe, line, or other work, except in the case of any
emergency or danger.
Compare: 1954 No 76 s 170(4)(a)–(h), (j), (l)–(o); 1956 No 64 s 191A(5)(a)–(h), (j), (l)–(o); 1972
No 132 s 2
189
Version as at
(1978 No 43).
Section 319(a): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment
Act 1985 (1985 No 60).
Section 319(b): repealed, on 30 March 1985, by section 39(1) of the Local Government Amendment
Act 1985 (1985 No 60).
Section 319(e): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
Section 319(2): inserted, on 6 August 2010, by section 27 of the Infrastructure (Amendments Relat‐
ing to Utilities Access) Act 2010 (2010 No 99).
319A Naming of roads

If the council names any road for the first time, or alters the name of a road, the
council must as soon as practicable send a copy of the relevant resolution to the
Registrar-General of Land and the Surveyor-General.
Section 319A: replaced, on 7 July 2004, by section 5 of the Local Government Act 1974 Amendment
Act 2004 (2004 No 64).
319B Allocation of property numbers

(1) For electoral, postal, and other purposes the council may allocate a number to
any area of land or building or part of a building within its district and may
change the number allocated to any such area of land or building.
(2) The council shall comply with any request from a Chief Surveyor to allocate a
number to or change the number of any area of land or building or part of a
building in its district.
(3) The principal administrative officer shall advise the Chief Surveyor of the land
district in which the land or building is situated of the numbers allocated under
subsection (1) or subsection (2).
Section 319B: inserted, on 30 March 1985, by section 29 of the Local Government Amendment Act
1985 (1985 No 60).
320 Powers relating to roads

[Repealed]
Section 320: repealed, on 7 July 2004, by section 6 of the Local Government Act 1974 Amendment
Act 2004 (2004 No 64).
321 Road access

[Repealed]
Section 321: repealed, on 1 August 2003, by section 98(1) of the Resource Management Amendment
Act 2003 (2003 No 23).
321A Roading contributions as condition of approval of scheme plan

[Repealed]
(1991 No 69).
190
Version as at
322 Land for road formation or widening

[Repealed]
(1991 No 69).
323 Unformed roads in the district

(1) Where the land comprising any unformed road existing at the commencement
of this Part was immediately before the commencement of this Part vested in
the Corporation of the district by section 191A(1) of the Counties Act 1956, the
Minister of Lands may, by notice in writing to the council given at any time
while the land, or, as the case may be, the part thereof specified in the notice,
continues to be an unformed road, require the council to transfer that land or
that specified part thereof to the Crown without consideration, and the council
shall transfer it to the Crown accordingly.
(2) On the publication in the Gazette of a notice by the Minister of Lands declaring
that any land or part thereof referred to in subsection (1) has been transferred to
the Crown pursuant to this section, the land transferred shall cease to be a road
and shall be deemed to be Crown land subject to the Land Act 1948.
Compare: 1956 No 64 s 191B; 1972 No 132 s 2
(1978 No 43).
324 Council may contribute to cost of formation, maintenance, etc, of roads

outside the district
(1) The council may from time to time contribute from the general revenues of the
district towards the funds of the council of any adjoining district for the pur‐
pose of the formation, maintenance, repair, widening, or upgrading of any road
which is outside the limits of the district but in the opinion of the council is in
great measure used by the residents thereof.
(2) Any regional or united council may from time to time contribute towards the
funds of any constituent authority for the purpose of the formation, mainten‐
ance, repair, widening, or upgrading of any road (whether a regional road or
not) within the district of that constituent authority.
Compare: 1954 No 76 s 171; 1956 No 64 s 193
(1978 No 43).
Section 324(1): amended, on 30 March 1985, by section 39(1) of the Local Government Amendment
Act 1985 (1985 No 60).
Act 1985 (1985 No 60).
324A Power to carry out works on Maori roadway

(1) The council may from time to time—
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Version as at
(a) maintain, repair, or improve any roadway laid out in the district in
accordance with Part 14 of Te Ture Whenua Maori Act 1993; or
(b) contribute towards the cost of maintaining, repairing, widening, or
improving any roadway of the kind described in paragraph (a).
(2) The council shall, before exercising in respect of any roadway, any of the
powers conferred on it by subsection (1), obtain the written consent of—
(a) the owners of the land comprising that roadway; and
(b) the owners of the land adjoining that roadway if those owners are not the
owners of the land comprising the roadway.
(3) In any case where the owners of land comprising or adjoining a roadway laid
out pursuant to Part 14 of Te Ture Whenua Maori Act 1993 are or are believed
to be Maori and their whereabouts are unknown, consent under subsection (2)
may be obtained by applying to the Maori Land Court for the district in which
the land is situated for an order under the provisions of Part 10 of Te Ture
Whenua Maori Act 1993.
(4) The Maori Land Court shall deal with any application made pursuant to sub‐
section (3) as if a notice under an enactment had been issued to the owners.
Section 324A: inserted, on 6 June 1989, by section 31 of the Local Government Amendment Act
(No 2) 1989 (1989 No 29).
Section 324A(1)(a): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori
Act 1993 (1993 No 4).
Section 324A(3): amended, on 1 July 1993, pursuant to section 362(2) of Te Ture Whenua Maori Act
1993 (1993 No 4).
325 Road widths

[Expired]
Section 235: expired, on 1 January 1993, by section 325(3).
326 Betterment arising from creation or widening of a road

(1) Notwithstanding anything in section 62(1)(f) of the Public Works Act 1981 or
in any other Act, where—
(a) the council—
(i) forms a new road in the district; or
(ii) widens any existing road or part thereof in the district; and
(b) for that purpose the council takes or purchases or otherwise acquires any
part of any land and the other part of that land will have access or front‐
age to that road; and
(c) by reason of the formation or widening of the road the value of the
remaining part of the land of the owner whose land was taken or pur‐
chased or acquired is increased by an amount that exceeds the amount of
compensation payable to him, in accordance with the Public Works Act
1981, in respect of his land so taken or purchased or acquired,—
192
Version as at
the owner shall pay the amount of that excess to the council by way of better‐
ment to the remaining part of his land.
(2) Where an existing road is widened and land from only one side of the road is
taken or purchased or otherwise acquired for that purpose, every owner of land
with a frontage to the other side of the road shall, if so required by the council,
pay to the council on account of betterment such sum of money as represents
the increased value thereby given, or likely to be given, to his land. Where only
part or parts of a road are widened, only those owners of land with frontages
directly opposite the part or parts being widened may be required to pay better‐
ment pursuant to this subsection.
(3) Any claim for payment of betterment under subsection (1) or subsection (2)
shall be made within 1 year from the execution of the work out of which it
arose, and shall be made in form 1 in Schedule 12. The amount to be paid to
the council shall be ascertained in the manner provided by the Public Works
Act 1981, or in a manner as near thereto as in the opinion of the Land Valu‐
ation Tribunal the circumstances of each claim will admit.
(4) Any or all claims arising out of the widening of any road or part thereof may,
with the consent in writing of all parties, be heard and determined together, and
the Land Valuation Tribunal shall have power, on the application of any party,
to order that all or any claims under this section in respect of land in which sev‐
eral persons have interest shall be heard and determined together and to appor‐
tion the amount awarded on account of betterment and the costs of proceedings
against the several persons, in such proportions and in such manner as it thinks
fit.
(5) Any person liable may, if he so desires, pay the amount awarded to be payable
by him, with interest at a rate per annum as fixed by the council, by equal half-
yearly instalments extending over a period of 20 years or less, in which case
he shall—
(a) within 14 days after the date of the award, give notice in writing to the
principal administrative officer of the council of the period over which
he intends to extend payment; and
(b) within 1 month after the date of the award, execute and deliver to the
principal administrative officer a memorandum of charge, in form 2 in
Schedule 12, upon the estate or interest forming the subject of the charge
against him, and pay the costs of the preparation and completion of that
memorandum;—
and thereupon the respondent shall have the right to pay that amount by instal‐
ments as set forth in the notice and memorandum of charge as aforesaid.
(6) [Repealed]
(7) The memorandum of charge shall, when registered, bind the property therein
described, and operate as a first charge upon the estate or interest therein of the
193
Version as at
respondent, and rank in priority to all estates, encumbrances, and interests cre‐
ated by him or any of his predecessors in title.
(8) Any such charge may be registered without fee in the Land Registry Office or
in the Deeds Register Office of the land registration district wherein the land
affected thereby is situate.
(9) Notwithstanding anything to the contrary in any such charge, the council shall
accept payment of the whole of the unpaid instalments secured by any such
memorandum of charge at any time when the same is tendered, and for the pur‐
pose of any such tender interest shall be calculated and paid up to and includ‐
ing the day of tender.
(10) A receipt expressed to be in full for all money secured by any such memoran‐
dum, signed by the principal administrative officer and endorsed on the memo‐
randum, shall vacate the charge.
(11) Money received by the council under this section as betterment shall be credi‐
ted against the cost of the formation or widening of the road or part thereof
which includes the acquisition of the land required for the work and the forma‐
tion, sealing, kerbing, and channelling. Where the money received is more than
sufficient to meet the cost of the work, the amount of the excess shall be
applied in respect of the widening or formation of any other road within the
district.
(12) In this section the term road does not include an access way.
Compare: 1954 No 76 s 192; 1956 No 64 s 191H; 1968 No 123 s 17(1), (2)(a); 1971 No 62 s 21;
1972 No 132 s 2
(1978 No 43).
Section 326(1): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act
1981 (1981 No 35).
Section 326(1)(b): amended, on 19 January 1981, by section 38 of the Local Government Amend‐
ment Act 1980 (1980 No 82).
Section 326(1)(c): amended, on 30 March 1985, by section 39(1) of the Local Government Amend‐
ment Act 1985 (1985 No 60).
Section 326(1)(c): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act
1981 (1981 No 35).
1981 (1981 No 35).
Section 326(5)(a): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government
Section 326(5)(b): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government
Section 326(6): repealed, on 1 July 1998, by section 10(1) of the Local Government Amendment Act
(No 3) 1996 (1996 No 83).
Section 326(11): amended, on 30 March 1985, by section 39(1) of the Local Government Amend‐
ment Act 1985 (1985 No 60).
194
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327 Building-line restrictions

[Repealed]
(1991 No 69).
327A Building-line restrictions

Where a building-line restriction has been imposed under this Act or any for‐
mer enactment, and the council subsequently determines that the building-line
restriction be cancelled, the council shall send notice of cancellation to the
Registrar-General of Land or Registrar of Deeds, as the case may require, who
shall amend his or her records accordingly.
Section 327A: inserted, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
Section 327A: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017
No 30).
328 Building-line restrictions provided in district scheme

[Repealed]
(1991 No 69).
329 Road gradients

(1) No road shall be laid out or constructed by the council, and no road or pro‐
posed road on any scheme plan shall be approved by the council, with a grade
in any part of its length steeper than—
(a) that fixed by any operative district scheme for the district; or
(b) where there is no such district scheme or no such grade is specified in
any such district scheme, that fixed by any bylaw or resolution of the
council; or
(c) 1 metre in 8 metres, in any case where that grade is not fixed by any
such district scheme or by any bylaw or resolution of the council.
(1978 No 43).
Section 329(1)(b): amended, on 7 July 2004, by section 7(1) of the Local Government Act 1974
Section 329(1)(c): amended, on 7 July 2004, by section 7(2) of the Local Government Act 1974
330 Road levels

(1) The council may, if it thinks fit, make a map of the district or any specified por‐
tion thereof showing all roads therein with the levels thereof. Any map so made
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may be amended from time to time, and shall be open for public inspection at
all reasonable hours at the office of the council.
(2) All buildings erected in any part of the district for which a map has been made
as aforesaid, shall be constructed with proper regard to the levels shown on the
map.
(3) Any person who erects any building abutting on a road without regard to the
level of the road shall be liable to pay to the council any expenses incurred by
the council in altering the level of the road adjacent to the building.
(4) The council may at any time, either before or after the making of any such
map, fix the level of any road, subject to the conditions set out in Schedule 13:
provided that where no building or land appurtenant thereto fronts upon any
road the conditions numbered 1 to 5 in that schedule need not apply.
(5) Where a road crosses the boundary of a district or meets another road on such a
boundary, the level of the road at the point of crossing or meeting shall not be
altered without the agreement of both councils controlling the respective roads.
(6) It shall be lawful for the council to throw the batter or make the slope of any
road (not being a private road) upon any land, subject to the payment of com‐
pensation, to be claimed and ascertained under the Public Works Act 1981.
(7) No compensation shall be payable by the council in respect of an alteration in
the level of any road, unless the alteration has been made after that level has
been fixed under this Act or the corresponding provisions of any former Act, or
after the road has been constructed in some permanent manner by any local
authority having the power to do so.
(8) In this section, unless the context otherwise requires, the term road includes a
private road, but does not include an access way.
Compare: 1928 No 21 s 123; 1954 No 76 ss 170(4)(g), 193–198; 1956 No 64 ss 191A(5)(g), 200–
205; 1972 No 132 s 2
(1978 No 43).
1981 (1981 No 35).
331 Footpaths and channels

(1) The council may, in such manner as it thinks fit, form or upgrade footpaths on
one side or both sides of any road, and may construct those footpaths of such
dimensions and of such materials and in such manner as it thinks fit, and may
impose a charge not exceeding half the cost of those works upon the owners of
lands and buildings fronting the road. The amount so imposed shall be payable
to the council and until paid shall be in every case a charge on the land.
(2) In forming or reforming any road or part thereof (not being a road in a rural
area), the council shall ensure that reasonable and adequate provision is made
for the kerb and channel of any footpath or part thereof to be formed or
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reformed so as to permit safe and easy passage from kerb to kerb of any mech‐
anical conveyance normally and lawfully used by a disabled person.
(3) However, the Director of Land Transport (appointed under section 104A of the
Land Transport Management Act 2003) may exempt or partially exempt any
road or part of a road from the requirement in subsection (2) if the Director
considers it is reasonable to do so in the circumstances.
Compare: 1954 No 76 s 178; 1956 No 64 s 198(1), (3); 1972 No 132 s 3; 1975 No 122 s 24
(1978 No 43).
Section 331(1): amended, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
Act 1985 (1985 No 60).
Section 331(2) proviso: repealed, on 1 April 2021, by section 175(1) of the Land Transport (NZTA)
Legislation Amendment Act 2020 (2020 No 48).
Section 331(3): inserted, on 1 April 2021, by section 175(1) of the Land Transport (NZTA) Legis‐
lation Amendment Act 2020 (2020 No 48).
332 Cycle tracks

(1) The council may on any road, or on any land vested in or under the control of
the council, form a public cycle track, and may make bylaws under section 684
regulating and controlling the use of that cycle track.
(2) For the purpose of constructing any cycle track, the council may take, pur‐
chase, or otherwise acquire land in accordance with the provisions of this Act.
Compare: 1948 No 39 s 23; 1954 No 76 s 176(1); 1956 No 64 s 197
(1978 No 43).
1979 (1979 No 59).
333 Dividing strips, etc

(1) The council may on any road construct, erect, or grow thereon or remove there‐
from, such barriers, dividing strips, guiding or sign posts, pillars or other mark‐
ers, trees, hedges, lawns, gardens, and other devices as are, in the opinion of
the council, necessary for separating, guiding, or warning traffic, intercepting
glare, or for any other purpose.
(2) The council may on any road construct for road safety purposes, and alter or
remove therefrom, any segregation strip for the purpose of segregating from
the roadway any land having a frontage to the road:
provided that no such segregation strip shall be constructed or altered so as to
unreasonably prevent access to any land having a frontage to the road:
provided also that for the purposes of this Act and of any other Act, any land
having a frontage to the road before the construction of a segregation strip shall
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be deemed to continue to have that frontage, notwithstanding the existence of

the segregation strip.
(1978 No 43).
334 Erection of monuments, etc, and provision of facilities on or under roads

(1) The council may—
(a) construct and enclose any part of a road as a pedestrian safety area:
(b) lay out or plant grass plots or flower beds or trees on any road, and pro‐
hibit traffic, in whole or in part, on any such plots and flower beds laid
out in roads (whether laid out before or after the commencement of this
Part) by or under the authority of the council:
(c) erect on any road a monument, statue, or other such erection:
(d) construct or provide on, over, or under any road facilities for the safety,
health, or convenience of the public, or for the control of traffic or the
enforcement of traffic laws:
provided that no such construction, erection, laying out, or planting shall be
carried out, unless in the opinion of the council the construction, erection, lay‐
ing out, or planting will not unduly impede vehicular traffic entering or using
the road (not being a road or part of a road that has been declared a pedestrian
mall under section 336).
(2) For the purposes of any resolution or bylaw of the council, anything construc‐
ted or provided under the authority of the council shall be deemed to be suffi‐
ciently described if the road in which it is constructed or provided and its
approximate locality in that road are specified in the bylaw or resolution.
Compare: 1954 No 76 s 170(4)(k), (6); 1956 No 64 s 191A(5)(k), (7); 1972 No 132 s 2
(1978 No 43).
Section 334(1) proviso: amended, on 7 July 2004, by section 8 of the Local Government Act 1974
334A Council may light roads, etc

(1) A council may do all things necessary to light with any form of energy roads,
private roads, public places, and (with the consent of the owner) private ways
in the district.
(2) In the exercise of the powers conferred by subsection (1), the council may—
(a) acquire or construct or reconstruct, purchase, extend, enlarge, and main‐
tain all buildings, machinery, works, and plant necessary to light roads,
private roads, public places, and (with the consent of the owner) private
ways in the district:
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(b) contract for a supply of energy on such terms and conditions as it thinks
fit:
(c) erect poles with all requisite fittings thereto in the roads, private roads,
public places, and (with the consent of the owner) private ways in the
district, subject, in the case of roads, private roads, and public places not
under the control of the council, to Schedule 14:
(d) lay cables and pipes under or over the roads, private roads, public places,
and private ways in the district, subject in the case of roads, private
roads, and public places not under the control of the council, and in the
case of private ways, to Schedule 14:
(e) alter any drains or water pipes thereunder in such manner as may be
necessary, but not so as to injuriously affect the same:
(f) do all things necessary to keep works and everything appertaining to the
lighting of roads, private roads, public places, and (with the consent of
the owner) private ways in the district in good repair.
(3) A council may—
(a) contract with any other body or person to light the roads, private roads,
public places, and (with the consent of the owner) private ways within
the district with any form of energy; and
(b) in that contract, authorise the body or person acting under the contract to
exercise all or any of the powers conferred upon the council by this sec‐
tion, so far as this section is applicable to the construction and mainten‐
ance of the works necessary for effecting that lighting.
Section 334A: inserted, on 7 October 1994, by section 89(1) of the Energy Companies Act 1992
(1992 No 56).
335 Vehicle crossings

(1) Where vehicles are being taken or, in the opinion of the council, are likely to be
taken, on to or from any land across any footpath on any road or any water
channel on or adjoining any road otherwise than by means of a crossing prop‐
erly constructed under the provisions of any bylaw made by the council, the
principal administrative officer or other officer authorised by the council may,
by notice in writing, require the occupier or, in any case where there is no
occupier, the owner of the land to pay to the council such sum of money as the
council from time to time fixes as payment for the cost of the construction of a
crossing by the council.
(2) Within 28 days after the service of the notice, the occupier or owner, as the
case may be, may object in writing to the council against the requirements of
the notice, and the notice shall thereupon be deemed to be suspended pending
the determination of the objection or, where application is made to the court to
confirm the notice, pending the decision of the court.
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(3) Where any such objection is received by the council, the council shall forth‐
with inquire into and dispose of the objection.
(4) Where on inquiry into the objection the council reaffirms its requirements, the
council shall apply to the District Court for an order confirming the notice.
(5) On the hearing of the application, the court, whose decision shall be final,
may—
(a) confirm the notice; or
(b) confirm the notice subject to a reduction in the sum payable to the coun‐
cil by the occupier or owner, as the case may be; or
(c) set aside the notice.
(6) Where—
(a) in any case in which no such objection is made, the occupier or owner,
as the case may be, fails to pay to the council the sum specified in the
notice within 42 days after the service of the notice; or
(b) in any case in which objection is made, the notice is confirmed by the
court (whether with or without any reduction in the sum payable to the
council), and the occupier or owner, as the case may be, fails to pay to
the council the sum specified in the notice, or, as the case may be, the
sum specified in the order of the court, within 14 days after the giving of
the decision of the court,—
the council may construct the crossing and recover the cost from him.
(7) The said cost shall be recoverable by the council as a debt from the occupier or
owner, as the case may be, and, where it is recoverable from the owner, shall be
a charge on the land.
(8) Where any sum of money is paid to the council by any occupier or owner pur‐
suant to this section, the council shall refund that sum to the occupier or owner
if the crossing is not completed by the council within 6 months after the date of
the payment.
(9) Where the council is satisfied that any crossing on to any land is redundant or
is in excess of the reasonable requirements of the occupier, or, where there is
no occupier, the owner, the principal administrative officer or other officer
authorised by the council may serve notice upon the occupier or owner, as the
case may be, of its intention to remove the crossing at the expense of the coun‐
cil.
Compare: 1954 No 76 s 178A; 1956 No 64 s 199C; 1964 No 119 s 12; 1971 No 62 s 18; 1972
No 132 s 5
(1978 No 43).
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No 49).
336 Pedestrian malls

(1) A council may, by using the special consultative procedure,—
(a) declare a specified road or part of a specified road to be a pedestrian
mall; and
(b) prohibit or restrict the driving, riding, or parking of any vehicle, or the
riding of any animal, on all or any portion of the pedestrian mall either—
(i) generally; or
(ii) during particular hours.
(2) A declaration—
(a) may include exemptions and conditions; and
(b) does not take effect until—
(i) the time for appealing under subsection (3) has expired; and
(ii) any appeals have been determined under subsection (4).
(3) Any person may, within 1 month after the making of a declaration, or within
such further time as the Environment Court may allow, appeal to the Environ‐
ment Court against the declaration.
(4) The appeal must be made and determined by the Environment Court in accord‐
ance with the Resource Management Act 1991 and any regulations made under
that Act and the court may quash or affirm the declaration, or affirm the declar‐
ation with modification.
(5) The decision of the Environment Court under subsection (4) is final.
(6) Subsections (2)(b) and (3) to (5) do not apply to a declaration that gives effect
to the provisions of an operative district plan under the Resource Management
Act 1991.
(7) Every person commits an offence who drives, rides, or parks any vehicle or
rides any animal, or causes or permits any vehicle to be driven, ridden, or
parked or any animal to be ridden, in contravention of a declaration (including
a declaration modified by the Environment Court).
(8) A declaration (including a modified declaration) may be revoked or varied by a
subsequent declaration using the procedure in subsection (1), and that subsec‐
tion applies with all necessary modifications.
(9) When the special consultative procedure is used for the purposes of subsection
(1), the council must, in addition to the matters referred to in section 83(1)(b)(i)
to (iii) of the Local Government Act 2002, ensure that an explanation of the
right of appeal under subsection (3) is publicly available.
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(10) In this section,—

parking means the stopping or standing of a vehicle for any period
road does not include an access way
vehicle has the same meaning as in section 2(1) of the Land Transport Act
1998.
Section 336: replaced, on 7 July 2004, by section 9 of the Local Government Act 1974 Amendment
Act 2004 (2004 No 64).
Section 336(9): replaced, on 21 March 2019, by section 12 of the Local Government Regulatory Sys‐
tems Amendment Act 2019 (2019 No 6).
337 Alteration of pipes and drains

The council may, by notice in writing, require the owner of any pipe, drain, or
other apparatus of any kind on or under a road to raise, lower, or otherwise
alter the same as the council directs, and if that alteration is not made within a
reasonable time the council may make the same as it thinks fit; but, subject to
the provisions of any other Act or to any agreement between the council and
the person affected, the cost of any such alteration and any damage occasioned
thereby shall be paid by and may be recovered from the council by any person
affected.
Compare: 1954 No 76 s 174; 1956 No 64 s 195
(1978 No 43).
338 Council may grant right to lay conduit pipes along or under road
(1) Subject to section 357, the council may grant to any person an easement or
other right for such period not exceeding 50 years and on such terms and con‐
ditions as the council thinks fit, authorising that person to lay conduit pipes for
petroleum or biofuel or for any other purpose in the district under or along any
road or (with the consent of the owners) under or along any private road or pri‐
vate way; but no such grant shall be to the exclusion of like grants to any other
person.
(2) The grant of any such right or easement shall be subject to the payment of such
rent, and to the observance of such conditions as to size, construction, repair,
and maintenance of the conduit pipes, and as to repair of any road or private
road or private way under or along which they are laid, as the council thinks fit.
Compare: 1954 No 76 s 200; 1956 No 64 s 207
(1978 No 43).
Section 338 heading: amended, on 1 October 2008, by section 19(1) of the Local Government Act
1974 Amendment Act 2008 (2008 No 63).
Section 338(1): amended, on 7 July 2004, by section 10 of the Local Government Act 1974 Amend‐
ment Act 2004 (2004 No 64).
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339 Transport shelters

(1) The council may erect on the footpath of any road a shelter for use by intend‐
ing public-transport passengers or small passenger service vehicle passengers:
provided that no such shelter may be erected so as to unreasonably prevent
access to any land having a frontage to the road.
(2) The council shall give notice in writing of its proposal to erect any shelter
under this section to the occupier and, if he is not also the owner, to the owner
of any land the frontage of which is likely to be injuriously affected by the
erection of the shelter, and shall not proceed with the erection of the shelter
until after the expiration of the time for objecting against the proposal or, in the
event of an objection, until after the objection has been determined.
(3) Within 14 days after the service of the notice, the occupier or owner, as the
case may be, may object in writing to the council against the proposal.
(4) Where any person objects to the proposal in accordance with subsection (3),
the council shall appoint a day for considering the objection and shall give
notice to the objector of the time when and place where the objection is to be
heard. Any such time shall be not earlier than 7 days after the date on which
the notice of objection was received at the office of the council.
(5) The council shall, at the time and place stated in the notice referred to in sub‐
section (4), consider the objection, and after hearing any submissions made by
or on behalf of the objector, may either dismiss the objection or decide not to
proceed with the proposal or make such modifications to the proposal to which
the objection relates as it thinks fit. The hearing of any such objection may be
adjourned from time to time and from place to place.
(6) Where there are more objectors than 1, the council shall, as far as practicable,
hear all objections together and give each objector an opportunity of consider‐
ing and being heard in respect of all other objections.
(7) No resolution under this section shall be passed until the council has consid‐
ered all the objections of which notice has been given in accordance with this
section.
Compare: 1954 No 76 s 177A; 1956 No 64 s 199A; 1959 No 91 s 16; 1971 No 63 s 20
(1978 No 43).
Section 339(1): amended, on 1 October 2017, by section 110(3) of the Land Transport Amendment
Act 2017 (2017 No 34).
340 Motor garages

(1) Subject to the Resource Management Act 1991, the council may grant permits
for the erection of private motor garages adjacent to the line of the road or to a
line intermediate between the line of the road and the building line.
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(2) Every such permit may be at any time cancelled by the council. Within
1 month after the date of the cancellation, or within such extended time as the
council may in any case allow, the owner shall remove the garage and shall not
be entitled to any compensation in respect thereof.
(3) If the owner fails to remove the garage within the time specified, the council
may remove it at his expense, and recover the cost thereof from that owner as a
debt.
(4) Every permit granted under section 132 of the Public Works Act 1928 and in
force at the commencement of this Part shall continue in force after the com‐
mencement of this Part as if it had been granted under this section.
Compare: 1928 No 21 s 132; 1948 No 39 s 28; 1953 No 91 s 52(1); 1954 No 76 s 178B; 1955 No 59
s 7; 1956 No 64 s 198F; 1961 No 131 s 41; 1964 No 119 s 13; 1972 No 96 s 3(1); 1972 No 132 s 8(1)
(1978 No 43).
(1991 No 69).
341 Leases of airspace or subsoil of roads

(1) Subject to section 357(2), the council may—
(a) grant a lease to any person of the airspace or any part of the airspace
above the surface of any road; or
(b) grant a lease to any person of the subsoil or any part of the subsoil
beneath the surface of any road:
provided that no such lease shall be granted for any purpose that would be in
contravention of any provision of the Resource Management Act 1991:
provided also that, in exercising the powers conferred by this subsection in
relation to any airspace, the council shall ensure that sufficient airspace
remains above the surface of the road for the free and unobstructed passage of
vehicles and pedestrians lawfully using the road.
(2) Any improvements erected or constructed in any airspace or in any subsoil pur‐
suant to a lease under this section shall be deemed to be rateable land for the
purposes of the Local Government (Rating) Act 2002.
(3) Nothing in this section shall be construed so as to restrict any right a council
may have to permit any person to use for a temporary period any part of the
surface or of the airspace above the surface of any road.
(4) The council may grant a lease to any person under subsection (1) for the pur‐
pose of the erection or construction and maintenance of a pedestrian or vehicu‐
lar bridge or tunnel or subway connecting any land or building on one side of
the road with any land or building on the other side upon such terms and condi‐
tions as it thinks fit.
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(5) The Public Bodies Leases Act 1969 shall not apply with respect to any lease
granted under this section.
Compare: 1954 No 76 s 170C; 1956 No 64 s 198H; 1971 No 62 s 16; 1972 No 132 s 4
(1978 No 43).
Section 341(1) first proviso: replaced, on 1 October 1991, by section 362 of the Resource Manage‐
ment Act 1991 (1991 No 69).
Section 341(2): amended, on 1 July 2003, pursuant to section 138(1) of the Local Government (Rat‐
ing) Act 2002 (2002 No 6).
Section 341(2): amended, on 1 July 2003, pursuant to section 143(1)(c) of the Local Government
(Rating) Act 2002 (2002 No 6).
341A Contribution to cost of railway, subway, or bridge

(1) A controlling authority or local authority, or any 2 or more of those authorities,
may agree with an infrastructure owner to—
(a) the construction and maintenance by the infrastructure owner of a sub‐
way under, or a bridge over, a railway, or a railway bridge over a road,
that is within the district of the controlling authority or local authority;
and
(b) the payment by the controlling authority or local authority of the whole
or part of the cost of that construction and maintenance.
(2) An agreement may be entered into with respect to any existing or proposed
subway or bridge.
(3) A controlling authority or local authority that is authorised by this section to
pay in whole or in part the cost of the construction of a subway, bridge, or rail‐
way bridge may agree with an infrastructure owner (and is deemed to always
have had the power to agree) that—
(a) the payment must be made by instalments extending over a period of not
more than 10 years; and
(b) interest at a rate agreed on (if any) must be paid on any unpaid balance
of that cost.
(4) Every controlling authority and local authority has all the powers that are
reasonably necessary or expedient to enable them to carry out functions or
duties conferred or imposed under section 83 of the Railways Act 2005 or this
section, including (without limitation) the power to enter into agreements with
an infrastructure owner to provide for the maintenance of any footbridge or
pedestrian subway.
(5) In this section, infrastructure owner has the same meaning as in section 4(1)
of the Railways Act 2005.
Section 341A: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
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342 Stopping and closing of roads

(1) The council may, in the manner provided in Schedule 10,—
(a) stop any road or part thereof in the district:
provided that the council shall not proceed to stop any road or part
thereof in a rural area unless the prior consent of the Minister of Lands
has been obtained; or
(b) close any road to traffic or any specified type of traffic (including pedes‐
trian traffic) on a temporary basis in accordance with that schedule and
impose or permit the imposition of charges as provided for in that sched‐
ule.
(2) [Repealed]
Compare: 1954 No 76 s 170(4)(h), (i); 1956 No 64 s 191A(5)(h), (i); 1972 No 132 s 2
(1978 No 43).
Section 342(1)(a) proviso: amended, on 26 March 2015, by section 4 of the Local Government Act
1974 Amendment Act 2015 (2015 No 20).
Section 342(1)(b): replaced, on 14 August 1986, by section 9(1) of the Local Government Amend‐
ment Act (No 3) 1986 (1986 No 50).
Section 342(2): repealed, on 14 August 1986, by section 9(2) of the Local Government Amendment
Act (No 3) 1986 (1986 No 50).
342A Temporary closing of roads by Police

[Repealed]
Section 342A: repealed, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008
No 72).
343 Consumption or possession of intoxicating liquor in roads closed for public

function or gathering
[Repealed]
Section 343: repealed, on 14 December 1984, by section 4(1) of the Local Government Amendment
Act 1984 (1984 No 18).
344 Gates and cattle stops across roads

(1) The council may, in writing, permit the erection of a swing gate or a cattle stop
or both across any road, where—
(a) in the council’s opinion it is not practicable or reasonable to fence the
road; or
(b) by agreement the road has been taken or may be constructed through pri‐
vate lands and the owner or occupier requests that a gate or a cattle stop
or both be erected on the outer boundary at the cost (including mainten‐
ance) of one or both parties as may be agreed.
(2) Where a gate is erected across a road under subsection (1), a board with the
words “Public Road” legibly painted thereon in letters of not less than 75 milli‐
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metres in height shall be fixed upon each side of the gate and at all times main‐
tained thereon by the person authorised to erect the gate, or at whose cost it has
been agreed that the gate shall be erected and maintained.
(3) Where a gate or cattle stop across any road is considered redundant or an
inconvenience, either by the council or by a petition supported by 20 or more
residents of the district, the council may serve notice upon the person author‐
ised to erect the gate or cattle stop of the council’s intention to remove it.
(4) Within 14 days after the service on any person of a notice pursuant to subsec‐
tion (3), he may object, in writing to the council, against its intention to remove
the gate or cattle stop.
(5) Not later than 14 days after receiving any such objection, the council shall con‐
sider it, and, after hearing any submissions made by the objector or on his
behalf, the council may dismiss the objection or decide not to proceed to
remove the gate or cattle stop or make such modifications to its proposal as it
thinks fit.
(6) The erection across any road of any gate or cattle stop shall not be commenced
unless and until plans of the gate or cattle stop have been submitted to and
approved by the council. The council may make such alterations in or additions
to any plans submitted to it as it thinks fit, and may require the erection of such
protective or warning devices as it considers necessary; and the gate or cattle
stop shall be erected in accordance with the plans and requirements and in such
position as the council directs.
(7) The Minister of Transport may from time to time, by notice in the Gazette, pre‐
scribe specifications for gates and cattle stops.
(8) The person by whom any swing gate or cattle stop has been erected pursuant to
a permit granted under this section, and his successors in title, shall maintain
the swing gate or cattle stop to the satisfaction of the council.
(9) Without limiting the power to make bylaws conferred on the council by section
684, the council may from time to time make bylaws regulating the use of
swing gates and cattle stops erected pursuant to this section, prohibiting the
causing of damage to such swing gates and cattle stops, and prohibiting the
leaving open of such swing gates.
(10) Neither the Crown nor the Minister of Transport nor the council shall be liable
for damages in respect of any accident arising out of the existence of a gate or
cattle stop across any road erected under a permit granted pursuant to this sec‐
tion.
(11) The power conferred by this section to erect and maintain any swing gate or
cattle stop on any road shall be deemed to include power to fence the road up
to that gate or cattle stop and to maintain that fence, and every reference in this
section to a swing gate or cattle stop shall be deemed to include a reference to
such a fence.
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(12) This section shall apply with respect to every gate or cattle stop and fence law‐
fully erected across any road at the commencement of this Part pursuant to a
permit granted under section 141 or section 142 or section 144 of the Public
Works Act 1928 or section 11 of the Public Works Amendment Act 1935, as if
it had been erected pursuant to a permit granted under this section.
(13) The Gates and Cattle Stops Order 1955 (SR 1955/67) shall continue in force
and have effect after the commencement of this Part as if it were a notice
issued under subsection (7).
Compare: 1928 No 12 ss 141–146; 1935 No 27 s 11; 1948 No 39 s 31(2)
(1978 No 43).
Section 344(7): replaced, on 1 April 1988, by section 17(1) of the Local Government Amendment
Act 1988 (1988 No 71).
Section 344(9): amended, on 1 April 1980, by section 10(4) of the Local Government Amendment
Act 1979 (1979 No 59).
Section 344(10): amended, on 1 April 1988, by section 17(2) of the Local Government Amendment
Act 1988 (1988 No 71).
345 Disposal of land not required for road

(1) Subject to subsection (3), where in forming a new road, or in diverting or stop‐
ping or diminishing the width of any existing road, any part thereof is no
longer required as a road, the council may—
(a) either—
(i) sell that part to the owner or owners of any adjoining land for a
price to be fixed by a competent valuer appointed by the council
to value that part; or
(ii) grant a lease of that part to the owner or owners of any adjoining
land for a term and at a rental and subject to such conditions as the
council thinks fit;—
and, if no such owner or owners is or are willing to purchase the land at
the price fixed or, as the case may be, take a lease of that part for the
term and at the rental and subject to the conditions fixed, the council
may sell or lease the land by public auction or private tender; and a con‐
veyance, transfer, or lease under the seal of the council shall constitute a
valid title to the land; or
(b) apply that part, or any part thereof, to any purpose to which the council
may apply land, either under this Act or any other enactment; or
(c) grant a lease of that part, or any part thereof, for such term and on such
conditions as it thinks fit for use for any purpose to which the council
may apply land, either under this Act or any other enactment; or
(d) transfer that part, or any part thereof, to the Crown for a public reserve
or for addition to a public reserve or for any purpose of public conveni‐
ence or utility or as Crown land subject to the Land Act 1948.
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(1A) To avoid doubt, this section does not apply to the common marine and coastal
area within the meaning of the Marine and Coastal Area (Takutai Moana) Act
2011.
(2) If the council pursuant to subsection (1)(a)(i) sells the land to the owner or
owners of any adjoining land, it may require, despite the provisions of any
other enactment, the amalgamation of that land with the adjoining land under 1
record of title. The Registrar-General of Land may, if he or she thinks fit, dis‐
pense with any survey that would otherwise be required for the purposes of the
issue of a record of title under this section, and may issue a record of title
qualified as described in section 17(1)(a) of the Land Transfer Act 2017.
(2A) Where the council acting under subsection (2) requires the amalgamation of the
land sold with the adjoining land under 1 record of title—
(a) the separate parcels of land included in the 1 record of title by virtue of
that requirement shall not be capable of being disposed of individually
or of again being held under separate records of title, except with the
consent of the council:
(b) where that adjoining land is already subject to a registered instrument
under which a power to sell, a right of renewal, or a right or obligation is
lawfully conferred or imposed, the land sold shall be deemed to be and
always have been part of the land that is subject to that instrument, and
all rights and obligations in respect of, and encumbrances on that adjoin‐
ing land shall be deemed also to be rights and obligations in respect of,
or encumbrances on, that land sold.
(2B) On the issue of a record of title to the land referred to in subsection (2A), the
Registrar-General of Land shall enter on the record of title a memorandum that
the land to which it relates is subject to paragraph (a) of that subsection, and, if
the circumstances so require, that it is subject to paragraph (b) of that subsec‐
tion.
(3) Where any road or any part of a road along the mark of mean high water
springs of the sea, or along the bank of any river with an average width of 3
metres or more, or the margin of any lake with an area of 8 hectares or more is
stopped, there shall become vested in the council as an esplanade reserve (as
defined in section 2(1) of the Resource Management Act 1991) for the pur‐
poses specified in section 229 of the Resource Management Act 1991—
(a) a strip of land forming part of the land that ceases to be road not less
than 20 metres wide along the mark of mean high water springs of the
sea, or along the bank of any river or the margin of any lake (as the case
may be); or
(b) the full width of the land which ceases to be road—
whichever is the lesser.
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(4) The obligation under subsection (3) to set aside a strip of land not less than
20 metres in width as an esplanade reserve is subject to any rule included in a
district plan under section 77 of the Resource Management Act 1991.
(5) On the issue of any record of title for land which has become vested in the
council as an esplanade reserve under subsection (3), the Registrar-General of
Land shall enter thereon a memorandum that the land is subject to that subsec‐
tion.
(6) [Repealed]
Compare: 1954 No 76 s 190; 1956 No 64 s 191F; 1972 No 132 s 2; 1977 No 134 s 2
(1978 No 43).
Section 345(1)(a): amended, on 7 July 2004, by section 11 of the Local Government Act 1974
Section 345(1A): replaced, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai
Moana) Act 2011 (2011 No 3).
Section 345(2): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017
No 30).
Section 345(2A): inserted, on 14 January 1983, by section 22 of the Local Government Amendment
Act (No 2) 1982 (1982 No 166).
Section 345(2A): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 345(2A)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 345(2B): inserted, on 14 January 1983, by section 22 of the Local Government Amendment
Act (No 2) 1982 (1982 No 166).
Section 345(2B): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 345(3): replaced, on 7 July 1993, by section 362 of the Resource Management Act 1991
(1991 No 69).
(1991 No 69).
(1991 No 69).
Section 345(5): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 345(6): repealed, on 7 July 1993, by section 362 of the Resource Management Act 1991
(1991 No 69).
Limited access roads

(1978 No 43).
346 Interpretation
In sections 346A to 346J, unless the context otherwise requires,—
limited access road means any road declared to be a limited access road under
section 346A or the corresponding provisions of any former enactment
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road does not include an access way or a service lane.

(1978 No 43).
346A Declaration and revocation of limited access roads

(1) The council may declare any road or part thereof in the district to be a limited
access road.
(2) The council may revoke the status as limited access road of any road or any
part thereof.
Compare: 1954 No 76 s 170B(1); 1970 No 89 s 4
Section 346A: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act
1978 (1978 No 43).
Section 346A(1): amended, on 7 July 2004, by section 12 of the Local Government Act 1974
Section 346A(2): amended, on 7 July 2004, by section 12 of the Local Government Act 1974
346B Provisions of Acts relating to roads to apply to limited access roads

Subject to sections 346C to 346J, the provisions of this Act and of every other
enactment relating to roads, as far as they are applicable and with the necessary
modifications, shall apply to every limited access road.
Compare: 1954 No 76 s 170B(3); 1970 No 89 s 4
Section 346B: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act
1978 (1978 No 43).
346C Requirements of declaration of limited access road

The following provisions shall apply in respect of the declaration under section
346A(1) of a limited access road:
(a) every such declaration shall refer to a plan showing—
(i) the road or part thereof to which the declaration relates:
(ii) any crossing places to be authorised:
(iii) the boundaries of all road frontages of each parcel of land adjoin‐
ing the road or part thereof to which the declaration relates:
(iv) the boundaries of all other types (if any) of legal access (whether
roads, private roads, private ways, rights of way, or any other
types whatsoever) connecting the road or part thereof to any other
parcel of land:
(v) the title references to every parcel of land to which subparagraph
(iii) or subparagraph (iv) applies:
(b) every such declaration shall indicate where the plan is held and may be
inspected:
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(c) the council shall forward to the Registrar-General of Land a certificate

authenticated by the council (together with a copy of the plan and of any
resolution under section 346D(3)), setting out by sufficient descriptions
and title references every parcel of land that is affected by that limited
access road, either by reason of the parcel of land adjoining the limited
access road or by reason of the legal access of the parcel of land to any
other road being lost or adversely affected as a result of the creation of
the limited access road; and the Registrar-General of Land shall record it
against the titles to all the parcels of land therein described:
(d) the council shall cause a copy of the certificate to be served on the owner
and the occupier (if he is not also the owner) of any land to which the
declaration relates, so far as they can be ascertained.
Compare: 1954 No 76 s 170B(9); 1970 No 89 s 4
Section 346C: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act
1978 (1978 No 43).
Section 346C(c): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 346C(c): amended, on 12 December 1979, by section 7(1) of the Local Government Amend‐
ment Act 1979 (1979 No 59).
346D Access to and from land

(1) Each parcel of land that adjoins or has legal access to a limited access road and
that does not have reasonably practicable alternative legal access to some other
road that is not a limited access road, shall be entitled to 1 crossing place at
which vehicles are permitted to proceed to and from the limited access road
from and to the parcel of land. The location of that crossing place shall be spe‐
cified by the council from time to time by notice issued to the owner under
section 346E.
(2) No road, or part thereof, shall be declared a limited access road, unless the
council, in any case where it considers it inexpedient to authorise any sufficient
specified crossing place as aforesaid, purchases or takes under the Public
Works Act 1981 or otherwise acquires any parcel of land that does not have a
reasonable practical alternative legal access.
(3) In this section and in section 346E the term parcel of land means a parcel of
land that can legally be transferred to a person other than an owner of adjoining
land without the dedication of any further land as a road and without the
deposit of any further plan:
provided that the council may, by resolution, declare—
(a) 2 or more adjoining parcels of land, while remaining in 1 ownership; and
(b) all parcels of land included in 1 unit title plan deposited in accordance
with the Unit Titles Act 2010—
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1 July 2022 Local Government Act 1974 Part 21 s 346F
to be a single parcel of land for the purposes of this section and of section
346E.
Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4
Section 346D: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act
1978 (1978 No 43).
Section 346D(2): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act
1981 (1981 No 35).
Section 346D(3)(b): amended, on 20 June 2011, by section 233(1) of the Unit Titles Act 2010 (2010
No 22).
346E Authorisation of crossing places

The council may from time to time—
(a) by notice to the owner of the parcel of land affected,—
(i) authorise, subject to such conditions (if any) as it may specify, any
crossing place (whether formed or not) at which vehicles may pro‐
ceed to and from any limited access road from and to that parcel
of land:
(ii) specify the location of any authorised crossing place:
(iii) cancel any such authorisation or specified location if the parcel of
land has reasonably practicable legal access to some other road
that is not a limited access road or has another authorised crossing
place:
(iv) cancel or vary all or any conditions imposed under this section or
impose further conditions or vary the location of any authorised
crossing place:
(b) construct any road that it may be expedient to construct to give access,
whether additional or not, to any land adjoining or near the limited
access road.
Compare: 1954 No 76 s 170B(4); 1970 No 89 s 4
Section 346E: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978
(1978 No 43).
346F Restricting movement to or from a limited access road

Without restricting any provision of any other Act, it is hereby declared that no
person shall drive or move any vehicle or animal, or permit any vehicle or ani‐
mal to be driven or moved, onto or from any limited access road, except—
(a) at a motorway or road from which vehicles or animals, as the case may
be, might lawfully be driven or moved onto the limited access road or
part thereof immediately before its declaration as a limited access road;
or
(b) at a motorway or road from which vehicular or animal access to the
limited access road has been authorised by the council and subject to
such conditions as the council approves and publicly notifies; or
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Part 21 s 346G Local Government Act 1974 1 July 2022
(c) at a crossing place authorised and specified by the council and subject to
such conditions as are for the time being imposed by the council in
accordance with section 346D or section 346E.
Compare: 1954 No 76 s 170B(5); 1970 No 89 s 4
Section 346F: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978
(1978 No 43).
346G Limited access road not a road for purpose of subdivision or sale
(1) Where any provision of this Act or any other Act makes any person’s right to
erect or use a building of any kind on any land, or to subdivide or sell any land,
conditional upon the land having a frontage or vehicle access to a road, or in
any other way conditional upon the existence of a road, then, for the purposes
of that provision, a limited access road shall be deemed not to be a road, except
for such purpose, to such extent, and on such conditions, as may be notified
from time to time by the council to the Registrar-General of Land.
(2) Any person aggrieved at—
(a) the refusal of the council to issue a notice to the Registrar-General of
Land under subsection (1); or
(b) any condition subject to which any such notice is issued—
may object in writing to the Environment Court within 1 month after being
notified of that refusal or condition, or within such further time as the Environ‐
ment Court may allow, and the objection shall be made and determined by the
Environment Court in the manner prescribed by the Resource Management Act
1991 and the regulations under that Act.
(3) Subject to section 299 of the Resource Management Act 1991, the decision of
the Environment Court on any such objection shall be final.
Compare: 1954 No 76 s 170B(6); 1970 No 89 s 4
Section 346G: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act
1978 (1978 No 43).
Section 346G(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 346G(2): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Man‐
agement Amendment Act 1996 (1996 No 160).
Section 346G(2): amended, on 1 October 1991, by section 362 of the Resource Management Act
1991 (1991 No 69).
Section 346G(2)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 346G(3): amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Man‐
agement Amendment Act 1996 (1996 No 160).
Section 346G(3): amended, on 1 October 1991, by section 362 of the Resource Management Act
1991 (1991 No 69).
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1 July 2022 Local Government Act 1974 Part 21 s 346I
346H Certificate of land affected to be forwarded to Registrar-General of Land

(1) Where any road is declared to be a limited access road under section 346A, the
council shall forward to the Registrar-General of Land a certificate authentica‐
ted by the council specifying by sufficient description and title reference every
parcel of land that is affected by that limited access road, either by reason of
the parcel of land adjoining the limited access road or by reason of the legal
access of the parcel of land to any other road being lost or adversely affected as
a result of the creation of the limited access road; and the Registrar-General of
Land shall record the certificate against the titles specified therein.
(2) Where the council revokes the status as a limited access road of any road or
part thereof, the council shall forward to the Registrar-General of Land a certif‐
icate authenticated by the council that the status of the road or part thereof as a
limited access road has been revoked, and setting out by sufficient descriptions
and title references all parcels of land affected by the revocation, and the
Registrar-General of Land shall record the certificate against the titles to all the
parcels of land therein described.
(3) The council shall also cause a copy of that certificate to be served on the owner
and the occupier (if he is not also the owner) of every parcel of land affected by
the revocation, so far as they can be ascertained.
Compare: 1954 No 76 s 170B(9); 1970 No 89 s 4
Section 346H: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act
1978 (1978 No 43).
Section 346H(1): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 346H(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
346I Compensation
Where the exercise of any power given by any provision of sections 346A to
346H gives rise to any claim for compensation under section 60 of the Public
Works Act 1981—
(a) the claim shall not be made after a period of 5 years from the date of the
exercise of the power:
(b) section 62 of the Public Works Act 1981 shall be read as if the term spe‐
cified date meant the date of the exercise of the power:
(c) the Land Valuation Tribunal shall take into account, by way of deduction
from the total amount of compensation that would otherwise be awar‐
ded, any increase in the value of the parcel of land in respect of which
compensation is claimed that has occurred in consequence of the exer‐
cise by the council of any power under section 346E.
Compare: 1954 No 76 s 170B(10); 1970 No 89 s 4
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Part 21 s 346J Local Government Act 1974 1 July 2022
Section 346I: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978
(1978 No 43).
Section 346I: amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act 1981
(1981 No 35).
Section 346I(b): amended, on 1 February 1982, pursuant to section 248(1) of the Public Works Act
1981 (1981 No 35).
346J Offences
Every person commits an offence against this Act who—
(a) acts in contravention of or fails to comply with any provision of section
346F; or
(b) uses or makes any crossing place to or from a limited access road that is
not a crossing place authorised under section 346E.
Compare: 1954 No 76 s 170B(8); 1970 No 89 s 4
Section 346J: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978
(1978 No 43).
Private roads and private ways

(1978 No 43).
347 Grades and formation of private roads

Subject to the Resource Management Act 1991, the provisions of this Part
relating to the grades and formation of roads and to building lines shall apply to
private roads as they apply to other roads under the control of the council.
(1978 No 43).
Section 347 heading: amended, on 1 October 1991, pursuant to section 362 of the Resource Manage‐
ment Act 1991 (1991 No 69).
Section 347: amended, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
348 Powers of council with respect to private roads and private ways
(1) Except with the prior permission of the council, no person shall lay out or form
any private road or private way, or grant or reserve a right of way over any pri‐
vate way, in the district.
(2) Subject to section 347, in granting any such permission the council may—
(a) impose such conditions as to widths, levels, entrances, courses, forma‐
tion, cost of formation, maximum number of buildings to be erected
fronting any such private road or private way, minimum distances
between any 2 buildings, position of building line, and otherwise in all
respects whatsoever as the council thinks fit; and
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(b) require the owner or owners to whom permission is given to enter into a
bond to comply with any conditions imposed by the council. Every such
bond shall be deemed—
(i) to be an instrument creating an interest in each parcel of land to
which the conditions apply within the meaning of section 51 of
the Land Transfer Act 2017, and may be registered accordingly;
and
(ii) to be a covenant running with each such parcel of land, and shall
bind subsequent owners.
(3) Any permission of the council under subsection (1) to lay out or form any pri‐
vate road or private way as aforesaid shall be deemed to lapse on the expiration
of 3 years after the grant thereof, unless the work has then been completed to
the satisfaction of the council; but may from time to time be extended by the
council for a period or periods not exceeding 1 year at any one time.
(4) With respect to any private road, the council—
(a) may require any projection or obstruction in or over any part thereof to
be removed at the expense of the person causing the same or to whom
the same belongs:
(b) may by notice in writing require the owners of land or buildings abutting
on the private road to construct or repair the road, with the footways,
kerbing, and channelling thereof, and every such owner shall be liable
for the construction and repair of so much of the private road as the
council thinks fit:
(c) in case of default, may execute the said works, and recover the cost from
the owners in the aforesaid proportions.
(5) Subsection (4) shall apply to every private way which for the time being serves
as an approach to 2 or more allotments that are separately owned or separately
occupied or to any allotment on which there are 2 or more buildings that are
separately occupied.
(6) Nothing in this section applies to a private road or right of way lawfully created
as part of a subdivision under the Resource Management Act 1991.
Compare: 1954 No 76 ss 180, 184; 1956 No 64 ss 198A, 198E; 1961 No 131 s 40; 1964 No 119 s 14;
1968 No 123 s 16; 1968 No 124 s 16
(1978 No 43).
Act 1985 (1985 No 60).
Section 348(2)(b)(i): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Act 1985 (1985 No 60).
Section 348(6): inserted, on 1 August 2003, by section 98(2) of the Resource Management Amend‐
ment Act 2003 (2003 No 23).
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349 Council may declare private road or right of way to be public road
(1) The council may declare to be a public road—
(a) any private road within the meaning of any Act in force at the time of its
being laid out:
(b) any right of way within the meaning of any Act in force at the time of its
being laid out, and which was laid out within the district on or after
2 November 1878, but before 1 January 1887.
(2) Notwithstanding anything in the foregoing provisions of this section, the coun‐
cil shall not declare any private road or right of way as aforesaid to be a public
road unless and until it is properly formed by the owners thereof or frontagers
thereto.
(3) [Repealed]
(4) Every private road and right of way declared to be a public road as aforesaid
shall become a road vested as such in the council.
(1978 No 43).
Section 349(1): amended, on 7 July 2004, by section 13(1) of the Local Government Act 1974
Act 1985 (1985 No 60).
Section 349(3): repealed, on 7 July 2004, by section 13(2) of the Local Government Act 1974
350 Penalty for laying out private road or private way in contravention of this
Act
If any person lays out or forms, or permits or allows to be open for use, any
private road or private way, or grants or reserves any right of way, contrary to
the provisions of this Act, or refuses or neglects to perform, observe, or keep
any condition imposed by the council as aforesaid, he commits an offence, and
is liable on conviction to a fine not exceeding $50 for every day during which
the offence has continued after the day on which he receives notice from the
council that the offence has been committed.
Compare: 1954 No 76 s 181; 1956 No 64 s 198B; 1961 No 131 s 40
(1978 No 43).
Section 350: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 350: amended, on 30 March 1985, by section 39(1) of the Local Government Amendment
Act 1985 (1985 No 60).
351 Illegal private road or private way not to be registered

No plan, deed, or instrument of any kind whatsoever whereby contrary to the
provisions of this Part any private road or private way is created, recognised,
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referred to, granted, or reserved shall be received for deposit or registration

under the Deeds Registration Act 1908 or under the Land Transfer Act 2017.
Compare: 1954 No 76 s 182; 1956 No 64 s 198C; 1961 No 131 s 40
(1978 No 43).
Section 351: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017
No 30).
352 Conditions to be noted on title by Registrar-General of Land

The Registrar-General of Land shall enter upon the record of title, memoran‐
dum of lease, or other proper instrument a note of all conditions imposed under
section 348 by the council which are contained in or endorsed upon any instru‐
ment or plan presented to him for registration or deposit, and the conditions so
noted shall be deemed to constitute a registered encumbrance under the Land
Transfer Act 2017.
Compare: 1954 No 76 s 183; 1956 No 64 s 198D; 1961 No 131 s 40
(1978 No 43).
Section 352 heading: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 352: amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017 (2017
No 30).
Safety provisions as to roads

(1978 No 43).
353 General safety provisions as to roads

The council shall take all sufficient precautions for the general safety of the
public and traffic and workmen employed on or near any road, and in particular
shall—
(a) take all reasonable precautions to prevent accidents during the construc‐
tion or repair by the council of any road, or when any opening is made
therein by the council for the repair of drains or gas pipes or for any
other purpose, and require other persons doing such work to take such
precautions, by erecting barriers, devices to cause traffic to slow down,
or fences across any such road or around any dangerous place therein, or
otherwise, and shall cause, and require other persons doing such work to
cause, any such dangerous place to be sufficiently lighted by night; and
any person removing any such protective work, or removing or extin‐
guishing any such light, without the authority of the council, commits an
offence:
(b) require the owner or occupier of any land upon which there is any hole,
well, excavation, or other place dangerous to persons passing along any
road forthwith to fill in, cover, or enclose the same:
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(c) whenever the public safety or convenience renders it expedient, require

the owner or occupier of any land not separated from a road by a suffi‐
cient fence to enclose the same by a fence to the satisfaction of the coun‐
cil.
Compare: 1954 No 76 ss 173, 201, 202; 1956 No 64 ss 194, 208, 209
(1978 No 43).
354 Construction of cellar or making any excavation in vicinity of road

(1) Where the owner or occupier of any land proposes to construct a cellar, or
make any other excavation (other than a cellar or other excavation to be con‐
structed or made in accordance with a building consent under the Building Act
2004), within 20 metres from any road, private road, or any adjoining property,
he shall give notice of his intention to the council, whose consent must first be
obtained before the work is commenced; and the owner or occupier shall cause
the cellar or excavation to be so constructed or made that it cannot become a
receptacle for stagnant water or other impure matter.
(2) Where, under subsection (1), the council grants its consent to the construction
of any cellar, it may grant its consent subject to a condition that neither the
owner nor the occupier nor their successors in title shall be entitled to claim
against the council for any damage caused to the cellar or any property therein
arising, whether directly or indirectly, from any defect in any water-supply sys‐
tem, sewerage system, or other public-utility service under the control of the
council.
(3) As soon as conveniently may be after the passing of a resolution by the council
granting its consent to the construction of a cellar subject to the conditions spe‐
cified in subsection (2), the council shall send a copy of the resolution, authen‐
ticated by the council, to the Registrar-General of Land, or the Registrar of
Deeds, as the case may require, who shall deposit the same in his office and
register against the title to the land a memorandum under his hand that the land
is subject to those conditions.
(4) This section shall bind the Crown.
Compare: 1954 No 76 ss 203, 203A; 1959 No 91 s 17; 1972 No 131 s 12(1)
(1978 No 43).
Section 354(1): amended, on 31 March 2005, pursuant to section 415(1) of the Building Act 2004
(2004 No 72).
Section 354(1): amended, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
(2017 No 30).
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355 Council may require removal of overhanging trees, etc

(1) The council may, by notice in writing under the hand of the chairman or the
principal administrative officer, require the owner of any land abutting upon
any road within the district to do any of the following acts:
(a) to remove, lower, or trim to the satisfaction of the council any tree or
hedge overhanging or overshadowing the road in cases where, in the
opinion of the council, the removal, lowering, or trimming is necessary
in order to prevent injury to the road or obstruction to the traffic thereon
or to any channel, ditch, or drain appertaining thereto:
(b) to cut down or grub up, as the council directs, and remove all obstruc‐
tions to traffic or drainage arising from the growth of plants or the
spreading of roots upon or under the road up to the middle line thereof
along the whole frontage of the land occupied or owned by him:
(c) to remove, lower, or trim to the satisfaction of the council any tree or
hedge, or to lower any fence or wall, if in the opinion of the council the
tree, hedge, fence, or wall is likely, by reason of its obstructing the view,
to cause danger to the traffic on that or any other road.
(2) Within 10 days after service of the notice, the owner may apply to the District
Court for an order setting aside the notice.
(3) On the hearing of the application, the court, whose decision shall be final, shall
determine whether the notice should or should not be set aside, and in the for‐
mer case the notice shall be deemed to be void.
(4) In the case of a notice which is not set aside as aforesaid, if the owner fails to
do any such act in compliance therewith within 1 month from the service
thereof, or, where application as aforesaid has been heard, then within 1 month
after the giving of the decision of the court, he commits an offence and is liable
on conviction to a fine not exceeding $5 for every day during which the failure
has continued, and the council, by its officers or agents, may enter on the land
and do that act and recover the cost from him.
(5) The said cost shall be a charge upon the land.
(6) In any case where the council might give any such notice as aforesaid in
respect of any land, any resident of the district may, by notice in writing,
request the council to do so.
(7) If for the space of 28 days after the receipt of the last-mentioned notice the
council fails to comply therewith, the resident making the request may apply to
the District Court for an order requiring the council to comply with that notice.
(8) On the hearing of the application, the court shall determine whether and to
what extent the notice shall be complied with by the council, and the decision
of the court shall be final.
(9) The council may remove, lower, cut down, grub up, or trim, as the case may
be, any fence, wall, tree, hedge, or plant to which subsection (1) applies, after
221
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giving oral notice to the occupier, or, where there is no occupier, to the owner,
of the land, if life, property, or any road is in imminent danger. The cost of the
work shall be a charge against the land as if notice had been given under sub‐
section (1) and had not been set aside by the District Court.
(10) For the purposes of this section the term cut down means cutting down and
keeping cut down or removing or controlling by chemical means the stem and
roots of any plants so as to prevent their throwing out any leaf, offshoot, or
flower.
Compare: 1928 No 12 ss 169, 170, 171, 172A; 1948 No 39 s 32; 1954 No 76 s 204; 1956 No 39 s 4;
1956 No 64 s 210
(1978 No 43).
No 49).
Section 355(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
No 81).
No 49).
No 49).
356 Removal of abandoned vehicles from roads

(1) This section applies where any category A or category B or category C motor
vehicle is found on a road within the district of any council and appears to have
been abandoned by its owner.
(2) In the case of a category A or category B vehicle, the following provisions
shall apply:
(a) the council may, or may authorise any person to, remove the vehicle and
store it:
(b) no person shall remove the vehicle until a constable has been notified of
the proposal to move it:
(c) the council shall make reasonable efforts to give notice to the person last
registered under Part 17 of the Land Transport Act 1998 in respect of the
vehicle of its intention to sell the vehicle, and those efforts shall
include,—
(i) in the case of a category A vehicle, taking practical steps to iden‐
tify the owner of the vehicle by reference to chassis numbers or
other numbers appearing on the vehicle:
(ii) in the case of a category B vehicle, identifying the owner of the
vehicle by reference to such numbers and by searching the motor
vehicle security register or otherwise:
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(d) after making reasonable efforts to give notice under paragraph (c), the
council may give not less than 10 working days’ notice, by advertise‐
ment in 2 issues of a daily newspaper circulating in the district in which
the road is situated, of its intention to sell the vehicle, but if the council
is satisfied that the condition of the vehicle is such that it is of little or no
value, it may dispense with the giving of such notice:
(e) at any time after the expiration of a notice given in accordance with
paragraph (d) or at any time after the giving of such notice has been dis‐
pensed with under that paragraph, the council may sell or otherwise dis‐
pose of the vehicle to any person or otherwise dispose of the vehicle in
such manner as the council thinks fit, and any person to whom such a
vehicle is sold or disposed of shall thereupon become the lawful owner
of the vehicle:
(f) the advertisement under paragraph (d) shall specify the following:
(i) a description of the make, model, and colour of the vehicle:
(ii) the chassis numbers and any other vehicle numbers (if known):
(iii) the location from which the vehicle was removed:
(g) the proceeds of any such sale shall be applied in payment of the costs
and charges attending the sale, including the advertisement under para‐
graph (d), and of the expenses of the removal and storage of the motor
vehicle, and the residue, if any, shall be payable to the former owner of
the vehicle:
(h) where any motor vehicle is removed under this subsection, the owner
shall be liable to pay to the council all expenses incurred by the council
in removing and storing the vehicle, and, where the vehicle is claimed by
the owner and not sold or otherwise disposed of pursuant to this subsec‐
tion, those expenses shall be payable before the owner takes delivery of
the vehicle.
(3) In the case of a category C vehicle, the provisions of subsection (2) shall apply
with the following modifications:
(a) the notice specified in paragraph (d) of that subsection shall not be given
unless the vehicle has been stored for a period of 1 month and reason‐
able efforts to locate the person last registered under Part 17 of the Land
Transport Act 1998 in respect of the vehicle have been made by the
council:
(b) in addition to specifying the matters set out in paragraph (f) of that sub‐
section, the notice shall specify the name of the person currently regis‐
tered under Part 17 of the Land Transport Act 1998 in respect of the
vehicle and the last known address of that person:
(c) paragraph (c) of that subsection shall apply as if the vehicle were a cat‐
egory B vehicle.
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(4) If, after a search of the motor vehicle security register in accordance with sub‐
section (2)(c)(ii) or subsection (3)(c), it is found that the vehicle is subject to a
registered security interest, the council shall, before selling or otherwise dis‐
posing of the vehicle, notify the holder of that interest of its intention to sell or
otherwise dispose of the vehicle.
(5) For the purposes of this section,—
(a) a category A vehicle is a motor vehicle that has neither a number plate
nor a current licence label affixed to the vehicle:
(b) a category B vehicle is a motor vehicle that has affixed to it either a
number plate or a current licence label (but not both):
(c) a category C vehicle is a motor vehicle that has affixed to it either—
(i) a number plate and a current licence label; or
(ii) a number plate and a licence label that expired not more than
6 months before the council took possession of the vehicle.
(6) For the purposes of this section, council, in relation to a State highway that is
under the control of the New Zealand Transport Agency, means the New Zea‐
land Transport Agency.
(7) Nothing in this section limits or affects anything in section 239 of the Public
Works Act 1981.
Section 356: replaced, on 1 April 1993, by section 2(1) of the Local Government Amendment Act
(No 3) 1992 (1992 No 113).
Section 356(2)(a): amended, on 28 June 2006, by section 4(1) of the Local Government Act 1974
Section 356(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act
2008 (2008 No 72).
Section 356(2)(b): amended, on 28 June 2006, by section 4(2) of the Local Government Act 1974
Section 356(2)(c): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act
2009 (2009 No 17).
Section 356(2)(h): amended, on 28 June 2006, by section 4(3) of the Local Government Act 1974
Section 356(3)(a): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act
2009 (2009 No 17).
Section 356(3)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act
2009 (2009 No 17).
Section 356(6): amended, on 1 August 2008, by section 50(1) of the Land Transport Management
356A Further provision in relation to removal of vehicles from roads

(1) This section applies in relation to a motor vehicle if—
(a) the vehicle is found on a road or in a public place within a territorial
authority’s district; and
(b) the vehicle has—
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(i) an evidence of vehicle inspection and a licence label affixed to it,

but each document has expired by more than 31 days; or
(ii) an evidence of vehicle inspection affixed to it that has expired by
more than 31 days and no licence label affixed to it; or
(iii) a licence label affixed to it that has expired by more than 31 days
and no evidence of vehicle inspection affixed to it; or
(iv) neither an evidence of vehicle inspection nor a licence label
affixed to it.
(2) The territorial authority—
(a) may, or may authorise any person to, remove the vehicle; and
(b) if it does so, must—
(i) store it for 10 days (the 10-day period); and
(ii) during that time, make reasonable efforts to notify the person last
registered under Part 17 of the Land Transport Act 1998 in respect
of the vehicle—
(A) that it has removed the vehicle; and
(B) that the vehicle is in storage; and
(C) of the territorial authority’s powers under subsection (7).
(3) However, if the territorial authority is satisfied that the condition of the vehicle
is such that it is of little or no value, it may dispose of the vehicle without com‐
plying with subsection (2)(b).
(4) A vehicle must not be removed under this section until a constable has been
notified of the proposed removal.
(5) If a vehicle is claimed by any person lawfully entitled to it before the end of the
10-day period, the territorial authority must release the vehicle to the person.
(6) Subsection (5) applies only if any costs incurred by the territorial authority for
removing and storing the vehicle are first paid.
(7) If a vehicle is not claimed under subsection (5), the territorial authority may—
(a) dispose of it (by sale or otherwise) at any time after the 10-day period
has expired; and
(b) recover from the person last registered under Part 17 of the Land Trans‐
port Act 1998 in respect of the vehicle any costs incurred by the territor‐
ial authority as a result of removing, storing, and disposing of the vehicle
(less any amount received on the disposal of it).
(8) A territorial authority may retain any proceeds from the disposal of a vehicle
under this section that—
(a) are not claimed by the person who owned the vehicle at the time it was
disposed of within 12 months of the vehicle’s disposal; and
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Part 21 s 356B Local Government Act 1974 1 July 2022
(b) are in addition to any costs incurred by the territorial authority for
removing, storing, and disposing of the vehicle.
(9) Any person to whom a vehicle is disposed of under this section becomes the
lawful owner of the vehicle.
(10) Nothing in this section limits or affects anything in section 239 of the Public
Works Act 1981.
(11) For the purposes of this section,—
evidence of vehicle inspection has the meaning given to it in section 2(1) of
the Land Transport Act 1998
public place means a place that is—
(a) under the control of the territorial authority; and
(b) open to, or being used by, the public, whether or not there is a charge for
admission
territorial authority, in relation to a State highway that is under the control of
the New Zealand Transport Agency, means the New Zealand Transport
Agency.
Section 356A: inserted, on 28 June 2006, by section 5 of the Local Government Act 1974 Amend‐
ment Act 2006 (2006 No 27).
Section 356A(2)(b)(ii): amended, on 1 May 2011, by section 35(4) of the Land Transport Amend‐
ment Act 2009 (2009 No 17).
Section 356A(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act
2008 (2008 No 72).
Section 356A(7)(b): amended, on 1 May 2011, by section 35(4) of the Land Transport Amendment
Act 2009 (2009 No 17).
Section 356A(11) territorial authority: amended, on 1 August 2008, by section 50(1) of the Land
Transport Management Amendment Act 2008 (2008 No 47).
356B Relationship between section 356 and section 356A

In any circumstances where a territorial authority is authorised to remove a
motor vehicle under both section 356 and 356A, the territorial authority may
only exercise its powers under section 356A.
Section 356B: inserted, on 28 June 2006, by section 5 of the Local Government Act 1974 Amend‐
ment Act 2006 (2006 No 27).
357 Penalties for damage to roads

(1) Every person commits an offence who, not being authorised by the council or
by or under any Act,—
(a) encroaches on a road by making or erecting any building, fence, ditch, or
other obstacle or work of any kind upon, over, or under the road, or by
planting any tree or shrub thereon; or
(b) places or leaves on a road, any timber, earth, stones, or other thing; or
226
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(c) digs up, removes, or alters in any way the soil or surface or scarp of a
road; or
(d) damages or, except with the consent of the council, removes or alters any
gate or cattle stop lawfully erected across any road; or
(e) allows any water, tailings, or sludge, or any filthy or noisome matter, to
flow from any building or land in his occupation on to a road; or
(f) wilfully or negligently causes or allows any oil, or any liquid harmful to
sealed or paved road surfaces or likely to create a danger to vehicles on
such surfaces, to escape on to any road having a sealed or paved surface;
or
(g) causes or permits any timber or other heavy material, not being wholly
raised above the ground on wheels, to be dragged on a road; or
(h) causes or negligently allows any retaining wall, foundation wall, or
fence erected on any land, or any batter or slope of earth, or any build‐
ing, erection, material, or thing, to give way or fall so as to damage or
obstruct a road; or
(i) digs up or removes any stone, gravel, sand, or other material from a river
bed within 50 metres of a bridge or ford on any road or any dam on
which a road is constructed; or
(j) does or causes or permits to be done any act whatsoever by which any
damage is caused to a road or any work or thing in, on, or under the
same,—
and is liable on conviction to a fine not exceeding $1,000 and, where the
offence is a continuing one, to a further fine not exceeding $50 for every day
on which the offence has continued and may be ordered to pay the cost incur‐
red by the council in removing any such encroachment, obstruction, or matter,
or in repairing any damage caused as aforesaid.
(1A) Proceedings for an offence against subsection (1) must be commenced on the
authority of the council, or by an officer of the council.
(2) The Council shall not authorise or suffer any encroachment on a road if the
encroachment would or might interfere with or in any way obstruct the right of
the Crown, or of any person so authorised by any Act, to construct, place,
maintain, alter, remove, or otherwise deal with any electric wires, telephone
wires, telegraph wires, pneumatic tubes, or gas pipes on, over, or under the
road, except with the prior written consent of the Minister of the Crown, the
person, or principal administrative officer of the body, who or which is respon‐
sible for any such services or utilities.
Compare: 1928 No 12 s 168; 1954 No 76 s 199; 1956 No 64 s 206; 1968 No 123 s 18; 1968 No 124
s 18
227
Version as at
(1978 No 43).
No 81).
Section 357(1): amended, on 25 July 1995, by section 5(a) of the Local Government Amendment Act
(No 2) 1995 (1995 No 40).
Section 357(1): amended, on 25 July 1995, by section 5(b) of the Local Government Amendment Act
(No 2) 1995 (1995 No 40).
Section 357(1) proviso: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011
(2011 No 81).
Section 357(1A): inserted, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
No 81).
Section 357(2): replaced, on 1 April 1988, by section 18 of the Local Government Amendment Act
1988 (1988 No 71).
Contracts and leases relating to ferries

(1978 No 43).
357A Leasing powers of council with respect to ferries

The council having control of a ferry may let the ferry for a term not exceeding
14 years, for such rent and on such terms and conditions as to the maintenance
of the ferry as the council thinks fit, and without submitting the lease to public
auction or public tender:
provided that before granting any such lease for any term exceeding 3 years the
proposed terms and conditions thereof shall be publicly notified for at least
2 months.
Compare: 1928 No 12 s 128; 1956 No 64 s 212
Section 357A: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act
1978 (1978 No 43).
Privately constructed bridges and ferries

(1978 No 43).
358 Privately constructed bridges and ferries

(1) Subject to such conditions as he thinks fit, the Minister may from time to time,
by notice in the Gazette, authorise any person to construct a bridge across any
river, creek, or stream, the bed of which is vested in the Crown, or to establish
a ferry across any river, creek, stream, or lake, the bed of which is vested in the
Crown, and to maintain that bridge or ferry for such period as the Minister
thinks fit, and to occupy for such period as the Minister thinks fit such portion
of any road or Crown land as seems to him to be necessary as a site for that
bridge or ferry.
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(2) Every such bridge or ferry shall be deemed to be respectively a public bridge or
ferry, and shall be open to the use of the public at all hours, subject to any regu‐
lations that may be made pursuant to this Act for regulating the use thereof.
(1978 No 43).
359 Regulations for maintenance and use of privately constructed bridges and
ferries
(1) Without limiting the general power to make regulations conferred by section
723, regulations may be made under that section applying generally to bridges
or ferries constructed or established under section 358 or to any such specified
bridges or ferries,—
(a) for the management of those bridges or ferries and the approaches
thereto, and for the maintenance of those bridges or ferries in good
repair:
(b) fixing the tolls (if any) to be levied on those bridges, and the fares to be
chargeable for the conveyance of passengers, animals, or goods by those
ferries:
(c) declaring what exemptions shall be allowed from the payment of any
such tolls or fares:
(d) regulating the collection of any such tolls or fares, and preventing the
evasion thereof.
(2) Regulations made for the purpose of this section are secondary legislation (see
Part 3 of the Legislation Act 2019 for publication requirements).
it in the Gazette
(1978 No 43).
1979 (1979 No 59).
(2021 No 7).
360 Minister may delegate powers to council

The Minister may from time to time, by notice in the Gazette, delegate to the
council all or any of the powers conferred on him by section 358, or authorise
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the council to make bylaws for all or any of the matters specified in section
359.
(1978 No 43).
Tolls at bridges, tunnels, and ferries

(1978 No 43).
361 Establishment or abolition of toll gates at bridges, tunnels, and ferries

(1) The Minister may from time to time, by notice in the Gazette,—
(a) authorise a council to establish, by using the special consultative proced‐
ure, toll gates and collect tolls at any bridge, tunnel, or ferry within the
district or under the control of the council; or
(b) with the agreement of the council, abolish any toll gate or reduce the
tolls to be taken at any toll gate if the Minister is of the opinion that any
toll gate established by a council is not necessary or that the tolls taken
thereat are excessive.
(2) Any authority granted under subsection (1)(a) may be granted subject to such
terms and conditions as the Minister thinks fit, including, but without limiting
the generality of the foregoing provisions of this subsection, terms and condi‐
tions as to—
(a) the tolls that may be taken:
(b) the conditions under which the tolls may be taken:
(c) the persons and classes of persons exempted from payment of the tolls:
(d) the manner in which and the conditions on which tolls may be leased:
(e) the distraining for or recovery of tolls:
(f) the appointment and duties of collectors of tolls:
(g) the making of any toll gate in the district clearing any other toll gate in
the district or in any other district.
(3) Notwithstanding the repeal by section 4 of the Local Government Amendment
Act 1978 of sections 179 to 199 of the Public Works Act 1928, sections 206 to
211 of the Municipal Corporations Act 1954 and Schedule 9 of that Act, and
sections 213 to 218 of the Counties Act 1956 and Schedule 4 of that Act, every
toll gate established before the date of the commencement of this Part under
any section so repealed and in existence immediately before that date shall con‐
tinue in force on and after that date as if the said sections 179 to 199 or, as the
case may be, sections 206 to 211 and the said Schedule 9 or sections 213 to 218
and the said Schedule 4 had not been repealed.
230
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(4) Nothing in this section or in any notice given under this section shall be con‐
strued to limit or interfere with the right to levy tolls on any bridge, ferry, tun‐
nel, tramway, or toll gate granted to any person during the period for which the
tolls have been so granted, except on payment of adequate compensation.
(5) Every person commits an offence against this Act who—
(a) evades the payment of any toll payable by him; or
(b) resists or obstructs any toll keeper in the execution of his duty; or
(c) falsely claims exemption from any toll.
Compare: 1928 No 12 ss 179–198; 1954 No 76 ss 206–211; 1956 No 64 ss 213–218; 1972 No 96 s
3(1); 1972 No 131 s 12(1); 1972 No 132 s 23; 1973 No 44 s 3(2)
(1978 No 43).
Section 361(1)(a): amended, on 7 July 2004, by section 14 of the Local Government Act 1974
Part 22
Regional roads
[Repealed]
Part 22: repealed, on 1 July 1992, by section 37(1) of the Local Government Amendment Act 1992
(1992 No 42).
362 Interpretation
[Repealed]
1992 (1992 No 42).
363 Power to declare regional roads

[Repealed]
1992 (1992 No 42).
364 Constituent authority may request council to declare regional road

[Repealed]
1992 (1992 No 42).
365 Objections to proposed regional roads

[Repealed]
1992 (1992 No 42).
231
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366 Powers of council in relation to regional roads

[Repealed]
1992 (1992 No 42).
367 Objections to intention to commence formation, or upgrading of regional

road
[Repealed]
1992 (1992 No 42).
368 Power to delegate

[Repealed]
1992 (1992 No 42).
369 Revocation of a regional road

[Repealed]
1992 (1992 No 42).
370 Appeals
[Repealed]
1992 (1992 No 42).
371 Limited access regional roads

[Repealed]
1992 (1992 No 42).
372 Bylaws
[Repealed]
1992 (1992 No 42).
373 Road improvement land

[Repealed]
1992 (1992 No 42).
373A Subsidies under National Roads Act

[Repealed]
Section 373A: repealed, on 1 October 1989, by section 116(1) of the Government Roading Powers
Act 1989 (1989 No 75).
232
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374 Regional motorways

[Repealed]
1992 (1992 No 42).
Part 23
Water supply by territorial authorities
[Repealed]
375 This Part to be subject to Resource Management Act 1991 and Health Act
1956
[Repealed]
No 84).

[Repealed]
No 84).
377 Constitution of water supply areas

[Repealed]
No 84).
Powers of council in regard to waterworks

[Repealed]
378 Control of source of water supply

[Repealed]
No 84).
379 Council may construct or purchase waterworks

[Repealed]
No 84).
380 Special provisions as to waterworks beyond the district

[Repealed]
No 84).
233
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Supply of water
[Repealed]
381 Council may contract for water supply

[Repealed]
No 84).
382 Persons supplied with water to prevent waste

[Repealed]
No 84).
383 Notice of removal of water pipes to be given to council

[Repealed]
No 84).
384 Advances to property owners for water connections

[Repealed]
No 84).
Supply to persons outside district

[Repealed]
385 Supply of water outside district

[Repealed]
No 84).
386 Discontinuance of supply of water outside district

[Repealed]
No 84).
387 Charge for water to residents of area added to district in certain cases
[Repealed]
No 84).
234
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Use of water for motive power

[Repealed]
388 Council may use water from waterworks for motive power
[Repealed]
No 84).
389 Surplus water may be sold for motive power

[Repealed]
No 84).
390 Discontinuance of supply of water for motive power

[Repealed]
No 84).
Protection of water and waterworks

[Repealed]
391 Drawing off water from waterworks

[Repealed]
No 84).
392 Pollution of water supply

[Repealed]
No 84).
393 Factories, etc, may be examined

[Repealed]
No 84).
394 Diversion of water from waterworks in case of flood

[Repealed]
No 84).
235
Version as at
395 Offences with respect to waterworks

[Repealed]
No 84).
396 Offences with respect to water meters

[Repealed]
No 84).
397 Council may stop supply of water in certain cases

[Repealed]
No 84).
Part 24
Regional water supply
[Repealed]
Part 24: repealed, on 1 July 1992, by section 42(1) of the Local Government Amendment Act 1992
(1992 No 42).
398 This Part to be read subject to Resource Management Act 1991 and
Health Act 1956
[Repealed]
1992 (1992 No 42).
399 Interpretation
[Repealed]
1992 (1992 No 42).
400 Council may supply water to constituent authorities

[Repealed]
1992 (1992 No 42).
401 Council may construct or purchase waterworks

[Repealed]
1992 (1992 No 42).
236
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402 Local authorities and other bodies to be notified of work

[Repealed]
1992 (1992 No 42).
403 Use of water for motive power

[Repealed]
1992 (1992 No 42).
404 Surplus water may be sold for motive power

[Repealed]
1992 (1992 No 42).
405 Discontinuance of supply of water for motive power

[Repealed]
1992 (1992 No 42).
406 Council may contract for water supply

[Repealed]
1992 (1992 No 42).
407 Drawing off water from waterworks

[Repealed]
1992 (1992 No 42).
408 Offences with respect to water supply

[Repealed]
1992 (1992 No 42).
409 Pollution of water supply

[Repealed]
1992 (1992 No 42).
410 Factories, etc, may be examined

[Repealed]
1992 (1992 No 42).
237
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411 Diversion of water from waterworks in case of flood

[Repealed]
1992 (1992 No 42).
412 Allocation of supply of water to constituent authorities

[Repealed]
1992 (1992 No 42).
413 Appeals relating to supply of water

[Repealed]
1992 (1992 No 42).
414 Council may operate constituent authority’s waterworks

[Repealed]
1992 (1992 No 42).
415 Supply of water to consumers outside the region

[Repealed]
1992 (1992 No 42).
416 Supply of water to territorial authority

[Repealed]
1992 (1992 No 42).
417 Discontinuance of supply of water outside region

[Repealed]
1992 (1992 No 42).
418 Charges for water supplied to constituent authority

[Repealed]
1992 (1992 No 42).
419 Surcharges for exceeding allocations

[Repealed]
1992 (1992 No 42).
238
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420 Payment of charges and surcharges

[Repealed]
1992 (1992 No 42).
Part 25
Water races
[Repealed]
420A Application of Part 25

[Repealed]
No 84).
421 This Part to be subject to Resource Management Act 1991

[Repealed]
No 84).
422 Interpretation
[Repealed]
No 84).
Water race areas

[Repealed]
423 Constitution, alteration, and union of water race areas

[Repealed]
No 84).
424 Subdivision of water race areas

[Repealed]
No 84).
425 Water race map

[Repealed]
No 84).
239
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Powers of council as to water races

[Repealed]
426 General powers of council as to water races

[Repealed]
No 84).
427 Discontinuance of water race

[Repealed]
No 84).
428 Council may sell disused water race

[Repealed]
No 84).
429 Water channel may be declared a water race

[Repealed]
No 84).
430 Council may stop supply of water in certain cases

[Repealed]
No 84).
431 Compensation
[Repealed]
No 84).
432 Appointment of managing ratepayers

[Repealed]
No 84).
240
Version as at
Water races outside district

[Repealed]
433 Exercise of powers outside district

[Repealed]
No 84).
434 Supply of water outside district

[Repealed]
No 84).
435 Discontinuance of supply of water outside district

[Repealed]
No 84).
Provisions for the protection of water races

[Repealed]
436 Drawing off water from streams supplying water race

[Repealed]
No 84).
437 Offences with respect to water races

[Repealed]
No 84).
438 Pollution of water races

[Repealed]
No 84).
241
Version as at
Bylaws
[Repealed]
439 Bylaws as to water races

[Repealed]
No 84).
Part 26
Sewerage and stormwater drainage by territorial authorities
(1979 No 59).

[Repealed]
No 84).

[Repealed]
No 84).
Powers of council in respect of sewerage and stormwater drainage

(1979 No 59).
442 Council may make provision for drainage of district

[Repealed]
No 84).
443 Constitution of urban drainage areas

[Repealed]
No 84).
444 Drainage map

[Repealed]
No 84).
242
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445 Council may construct drains

[Repealed]
No 84).
446 Council may cover in watercourse so as to make it a public drain

(1) The council may enclose and cover in any watercourse within the district
which, by reason of any pollutant therein, or from any other cause whatever, is,
or in the opinion of the council may become, a nuisance or dangerous to the
public health, whereupon the work shall become a public drain of the district.
(2) For that purpose the council may make, construct, and lay down such drains or
do such other works as in the opinion of the council are necessary for the
covering in of the watercourse.
(3) The council may do such work as in its opinion is necessary to exclude from
any watercourse any pollutant which in the opinion of the council should be
excluded therefrom, and for that purpose and for the purposes of subsection (1)
the council may straighten or otherwise alter the course and direction of any
watercourse, and take up, disconnect, alter, relay, or otherwise deal with any
private drains communicating with any watercourse.
(4) In the exercise of any powers conferred on it by this section, the council shall
not be liable to pay compensation in respect of anyone being deprived of the
water flowing in the watercourse, or of the right to that water, nor for any dam‐
age or inconvenience occasioned to the owners or occupiers of those lands or
premises, but shall nevertheless make good any damage or injury caused dur‐
ing the construction of the works:
provided that this subsection shall not apply in any case in which the nuisance
or danger has been caused by the act or default of the council.
(5) Before undertaking any work under this section the council must—
(a) prepare a statement of proposal in relation to the work that includes—
(i) a description of the work; and
(ii) the reasons for the work; and
(iii) an explanation of the procedure under subsection (7); and
(iv) when and where the council will vote on a motion to undertake
the work; and
(v) any other information that the council identifies as relevant; and
(b) make the statement of proposal available in a way appropriate to the sub‐
ject matter of the proposal; and
(c) produce a summary of proposal that—
(i) is a fair representation of the major matters in the statement of
proposal; and
243
Version as at
(ii) explains how the statement of proposal is avail-able for inspec‐

tion; and
(d) publicise the summary of proposal in a way appropriate to the subject
matter of the proposal.
(6) The council must not vote on a motion to undertake the proposed work until at
least 20 working days after the summary of proposal is first publicised under
subsection (5)(d).
(7) An owner or occupier of land who may be affected by the work may apply to
the court for an order under subsection (8) at any time between the publicising
of the summary of proposal under subsection (5)(d) and 10 days after a reso‐
lution of the council is made under subsection (6).
(7A) The application must be made to—
(a) the District Court, unless paragraph (b) applies:
(b) the Maori Land Court, if the application relates only to Maori land (as
defined by section 4 of Te Ture Whenua Maori Act 1993).
(8) The court may make an order or orders—
(a) setting a date before which the council may not under-take the work:
(b) allowing the council to undertake the work with or without modification:
(c) prohibiting the council from undertaking the work.
(8A) The court to which an application is made may refer any proceedings resulting
from the application, or any question in those proceedings, to the other court
referred to in subsection (7A) if it considers that the proceedings or question
would be more appropriately dealt with by the other court.
(8B) The court may refer the proceedings or question on its own initiative or on
application by a party to the proceedings.
(8C) Any appeal from an order made under subsection (8) must be made to the High
Court (even for an order of the Maori Land Court).
(9) Despite subsections (5) to (8C), a council may, at any time, undertake tempor‐
ary works for abating a nuisance in a water-course if the medical officer of
health, or 2 medical practitioners, has certified in writing that immediate action
in relation to the watercourse is necessary in the interests of public health.
Compare: 1954 No 76 s 219; 1956 No 64 s 246
(1979 No 59).
ment Act 2004 (2004 No 64).
ment Act 2004 (2004 No 64).
ment Act 2004 (2004 No 64).
244
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Section 446(7): amended, on 6 February 2021, by section 97(1) of the Te Ture Whenua Maori (Suc‐
cession, Dispute Resolution, and Related Matters) Amendment Act 2020 (2020 No 51).
No 49).
Section 446(7A): inserted, on 6 February 2021, by section 97(2) of the Te Ture Whenua Maori (Suc‐
ment Act 2004 (2004 No 64).
Section 446(8A): inserted, on 6 February 2021, by section 97(3) of the Te Ture Whenua Maori (Suc‐
Section 446(8B): inserted, on 6 February 2021, by section 97(3) of the Te Ture Whenua Maori (Suc‐
Section 446(8C): inserted, on 6 February 2021, by section 97(3) of the Te Ture Whenua Maori (Suc‐
ment Act 2004 (2004 No 64).
Section 446(9): amended, on 6 February 2021, by section 97(4) of the Te Ture Whenua Maori (Suc‐
Section 446(9): amended, on 18 September 2004, by section 175(1) of the Health Practitioners Com‐
petence Assurance Act 2003 (2003 No 48).
447 Betterment contributions where watercourse covered in

(1) Where the council incurs any expenditure in enclosing and covering in any
watercourse under the powers conferred by section 446, each owner of land
benefited or likely to be benefited from the enclosing and covering in of the
watercourse shall, if the council so requires, pay to the council on account of
betterment the amount of the increased value thereby given, or likely to be
given, to his land, or any smaller amount.
(2) Subsections (3) to (10) of section 326 (relating to betterment contributions due
to road widening), as far as they are applicable and with the necessary modifi‐
cations, shall apply with respect to claims for betterment under this section as if
it were a claim for betterment under the said section 326, and as if the reference
in subsection (4) of the said section 326 to the widening of a road or part of a
road was a reference to the enclosing and covering in of a watercourse.
Compare: 1954 No 76 s 219A; 1959 No 91 s 18(1); 1968 No 123 s 17(2)(b)
(1979 No 59).
448 Stormwater may be led into watercourses

[Repealed]
No 84).
245
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449 Channels for stormwater

[Repealed]
No 84).
450 Council may make dams, etc, in watercourses

[Repealed]
No 84).
451 Diversion, etc, of drainage works

(1) If any person proposes to erect any building or to carry out any work in such a
location and at such levels that the diversion, alteration, protection, or replace‐
ment of any of the drainage works of the council appears to be essential to the
erection of the building or carrying on of the work,—
(a) that person shall notify the council of his proposals; and
(b) if the council is satisfied that it is practicable for its drainage works to be
diverted, altered, protected, or replaced without material interference
with the services for which it is responsible and that it is reasonable that
this be done, it may enter into an agreement with that person as to the
manner in which the drainage works shall be diverted, altered, protected,
or replaced.
(2) The cost of so diverting, altering, protecting, or replacing the drainage works of
the council shall be borne by that person, and all other costs which the council
may incur in any way incidental thereto shall be paid to the council by that per‐
son.
(3) If that person fails to comply with any condition specified in any such agree‐
ment, he commits an offence against this Act.
(1979 No 59).
452 Council may treat and deal with sewage

[Repealed]
No 84).
246
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Powers of council as to drainage outside district

[Repealed]
453 Council may construct drainage works outside district

[Repealed]
No 84).
454 Construction and repair of drainage works outside district

[Repealed]
No 84).
455 Council may agree to use drainage works under control of other local
authority
[Repealed]
No 84).
456 Council may drain areas outside district

[Repealed]
No 84).
457 Discontinuance of drainage outside district

[Repealed]
No 84).
458 Rate for drainage in areas added to district

[Repealed]
No 84).
Private drains
(1979 No 59).
459 Council may require owners of land in certain cases to provide private
drains
(1) In respect of any land or building within the district, the council may, subject to
sections 283 and 294(9) and to subsection (7), by notice in writing, require the
owner thereof to do all or any of the following things:
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(a) to provide, construct, and lay a private drain from any land or building
which is not drained by some drain to the satisfaction of the council, and
to connect that private drain with any public drain or watercourse or the
sea, as the council thinks fit:
(b) to cleanse and repair or to relay or alter the course, direction, and outfall
of any existing private drain of or belonging to the premises:
(c) to connect any such existing private drain with any public drain or
watercourse other than the public drain or watercourse with which the
private drain was previously connected:
(d) to provide and affix in and to any such existing private drain, and in and
to any such new private drain, all such traps, methods of ventilation, and
other fittings whatever as the council directs:
(e) to connect or disconnect any existing or new private drain with or from
any water closet, urinal, bath, sink, grease trap, or other sanitary appli‐
ance:
(f) to execute, provide, and do generally any works, materials, and things
which in the opinion of the council are necessary or expedient for the
efficient drainage of the premises and every part thereof.
(2) The council may, in the exercise of the powers conferred upon it by subsection
(1), instead of requiring several owners each to provide, construct, and lay a
private drain, and to connect that private drain with any public drain, or water‐
course, or the sea as provided in that subsection, require those owners—
(a) jointly to provide, construct, and lay a common private drain through
such of the separately owned lands as the council thinks fit, and to con‐
nect that private drain with any public drain, watercourse, or the sea as
aforesaid; and
(b) severally to provide, construct, and lay a private drain from the land or
building of which each is the owner, and to connect that private drain
with the common private drain.
(3) The powers conferred upon the council by paragraphs (b) to (f) of subsection
(1) may also be exercised with respect to private drains provided, constructed,
and laid under subsection (2), and to similar private drains heretofore provided,
constructed, and laid in the district.
(4) Every notice under this section shall specify the works, materials, and things to
be executed, provided, or done thereunder, and the public drain or watercourse
with which any private drain is required to be connected, and shall limit a time
within which the works, materials, and things shall be so executed, provided,
and done.
(5) The foregoing powers shall, among other things, enable the council to require
any owner of premises to cause any pollutant and any water that does not con‐
248
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tain any pollutant to be drained respectively by sewerage drains and storm‐

water drains to separate outfalls:
provided that the council shall not in any such notice require any pollutant to
be drained into any open drain.
(6) If the owner fails to do any work specified in the notice and as therein directed,
the council may, if it thinks fit, cause the work to be done, and may recover
from him the costs and expenses of the work together with 10% of those costs
and expenses for supervision by the officers or agents of the council, and inter‐
est at a rate per annum, as fixed by the council, on the total sum until payment
thereof. Where any work done by the council pursuant to this subsection is on
account of several owners, the council may apportion the total amount as afore‐
said between those owners, and the amount so apportioned to each such owner
shall be the amount recoverable from him.
(7) No owner shall be required—
(a) to construct any private drain, other than a common drain, to connect
with any public drain or the sea at a point more than 30 metres from his
land; or
(b) to construct any private drain for the drainage of a building if the nearest
part of the building is situated more than 60 metres from the public
drain, or watercourse, or sea to which it is required to be connected.
Compare: 1954 No 76 s 224; 1956 No 64 s 251; 1972 No 131 s 12(1); 1972 No 132 s 23; 1976 No 57
s 7(2); 1976 No 58 s 6(2)
(1979 No 59).
Section 459(6): amended, on 10 September 1999, by section 5 of the Local Government Amendment
Act (No 4) 1999 (1999 No 108).
(1991 No 69).
460 Construction of private drains through adjoining premises

(1) Where, in the opinion of the council, the only practical route of any new pri‐
vate drain is through 1 or more adjoining premises, and any owner or owners
of any of those premises will not consent to its construction, the council may,
pursuant to a resolution in that behalf, of which notice shall be given to the
owner or owners withholding his or their consent as aforesaid, enter upon his
or their premises and execute, provide, and do all or any of the works, mater‐
ials, and things which the council considers necessary, in order that the drain
shall be laid in an efficient manner.
(2) Before passing a resolution under subsection (1), the council shall give to every
owner refusing his consent as aforesaid an opportunity to be heard before a
committee of the council.
(3) The cost incurred by the council in carrying out the said work, including the
payment of compensation for injurious affection to any premises through
249
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which the drain is laid, shall be payable by the council in the first instance, and
may be recovered by it from the owner of the land to be served by the private
drain; and section 465 shall apply with respect to the amount so recoverable as
if it were an advance made by the council under section 463.
(4) If agreement cannot be reached between the council and any claimant for any
such injurious affection, the matter shall be determined as if the work were a
public work and the claim were a claim for injurious affection in respect
thereof under the Public Works Act 1981.
Compare: 1954 No 76 s 226; 1956 No 64 s 253
(1979 No 59).
1981 (1981 No 35).
461 Further provisions with respect to private drains

(1) Where any private drain constructed with the consent of the owners of all the
lands affected or constructed by the council pursuant to section 460 passes
through or serves separately-owned premises, there shall be attached to each
and all of the lands served by that private drain the following rights, namely:
(a) a right to the free and uninterrupted use of that private drain; and
(b) a right for the occupiers or any of them to enter upon all lands served by
that drain, or through which it passes, for the purpose of relaying or
effecting necessary repairs to the drain; and
(c) a right to contribution from the owners or occupiers of other lands so
served by that drain towards the cost of executing, providing, and doing
all or any of the things required in respect of the drain by this Part or any
bylaw; and
(d) a right to contribution from the owners or occupiers of those other lands
towards the cost of all necessary relaying of or repairs to the drain; and
(e) a right to the recovery from the owners or occupiers of other lands
through which that drain passes but which are not served by the drain of
the cost of any repairs to the drain necessitated by any wilful or negli‐
gent act of those owners or occupiers,—
and those rights, upon a certificate being furnished by the principal administra‐
tive officer that any of the lands is actually served by that drain, together with
such plans (if any) as the Registrar-General of Land requires, shall be regis‐
tered by the Registrar-General of Land against the titles to all the other lands so
served by the drain, and also, in the case of the right to free and uninterrupted
use of the drain and the right to enter upon land to effect necessary relaying or
repairs, or to recover under paragraph (e) the cost of any repairs to the drain,
against the titles to the lands through which the drain passes.
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(2) The Registrar-General of Land, on the receipt by him of a certificate signed by

the principal administrative officer that any of the said lands is actually served
by that private drain, shall enter on the record of title,—
(a) particulars of the certificate given by the principal administrative officer;
and
(b) a memorandum that there are attached to the land the rights specified in
subsection (1).
(3) If any question arises as to the liability of any owner or occupier under any
provision of subsection (1), the District Court shall have jurisdiction to hear
and determine the question, and the decision of the court shall be final.
Compare: 1954 No 76 s 227; 1956 No 64 s 254
(1979 No 59).
(2017 No 30).
Section 461(1): amended, on 19 January 1981, by section 39 of the Local Government Amendment
Act 1980 (1980 No 82).
(2017 No 30).
No 49).
462 Council may declare private drain to be public drain

(1) The council may, by resolution passed at a meeting of which at least 14 days’
public notice has been given, declare any specified private drain in the district
to be a public drain.
(2) For the purposes of this section, every drain constructed for State housing pur‐
poses under the Housing Act 1955 and serving 2 or more properties, or carry‐
ing water from any road channel or sump over or under any land to a water‐
course or public drain, shall be deemed to be a private drain.
(3) Where a certificate under section 461 in relation to any private drain has been
entered on the register pursuant to that section or the corresponding provisions
of any former enactment and the drain has been declared to be a public drain
pursuant to subsection (1),—
(a) the principal administrative officer shall send to the Registrar-General of
Land an authenticated copy of the resolution under that subsection; and
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(b) the Registrar-General of Land must enter on the records of title for the
land served by that drain a memorandum that the drain has become a
public drain.
Compare: 1954 No 76 s 228; 1955 No 51 s 13(1); 1956 No 64 s 255
(1979 No 59).
Section 462(3)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 462(3)(b): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Money payable by owners and occupiers

[Repealed]
463 Advances by council to owners in respect of cost of drainage connections

[Repealed]
No 84).
464 Owner may recover proportion of cost of drainage connections from

tenant under a lease with not less than 3 years unexpired
[Repealed]
No 84).
465 Money payable to council in respect of drainage to be a charge on land

[Repealed]
No 84).
466 Advances to property owners for clearing or covering in watercourses

[Repealed]
No 84).
Drain protection and protective works

(1979 No 59).
467 Unlawful connection of private drain

(1) Every person commits an offence against this Act who, not having the written
authority of the council, connects any private drain with a public or private
drain or covered watercourse.
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(2) The council may replace or repair any property destroyed or damaged by any
such unlawful connection of a private drain, or remove or alter any such private
drain, and may recover from that person the full cost of the work and the full
amount of any damage done or caused by him.
Compare: 1954 No 76 s 237; 1956 No 64 s 264
(1979 No 59).
468 Tree roots obstructing public drains

(1) The council may, by notice in writing under the hand of the chairman or the
principal administrative officer, require the occupier or, in any case where there
is no occupier, the owner of any land within the district to cut down or remove
any tree on that land, or any specified part of any such tree, the roots of which
in the opinion of the council enter or are likely to enter any public drain.
(2) Within 10 days after service of the notice, the occupier or owner, as the case
may be, may apply to the District Court for an order setting aside the notice.
(4) In the case of a notice which is not set aside as aforesaid, if the occupier or
owner, as the case may be, fails to do any such act in compliance therewith
within 1 month from the service thereof, or, where application as aforesaid has
been heard, then within 1 month after the giving of the decision of the court, he
commits an offence and is liable on conviction to a fine not exceeding $5 for
every day during which the failure has continued, and the council, by its offi‐
cers, or agents, may enter on the land and do that act and recover the cost from
him.
(5) The said cost shall be a charge upon the land.
(6) The council may remove, cut down, or grub up, as the case may be, any tree to
which subsection (1) applies, or, as the case may be, any specified part of any
such tree, after the giving of oral notice by the principal administrative officer
or other authorised officer of the council to the occupier, or, where there is no
occupier, to the owner, of the land, if life, property, or any road is in imminent
danger. The cost of the work shall be a charge against the land as if notice had
been given under subsection (1) and had not been set aside by the District
Court.
(7) For the purposes of this section the term cut down means cutting down and
keeping cut down or removing or controlling by chemical means the stem and
roots of any tree so as to prevent its throwing out any leaf, offshoot, or flower.
Compare: 1954 No 76 s 237A; 1959 No 91 s 20
253
Version as at
(1979 No 59).
No 49).
No 81).
No 49).
469 Council may construct protective works to prevent damage by flood

[Repealed]
No 84).
Part 27
Regional drainage
[Repealed]
Part 27: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992
(1992 No 42).

[Repealed]
(1992 No 42).
471 Interpretation
[Repealed]
(1992 No 42).
472 Council may undertake regional drainage in constituent district

[Repealed]
(1992 No 42).
473 Council may undertake drainage in district of local authority

[Repealed]
(1992 No 42).
254
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474 General powers of council

[Repealed]
(1992 No 42).
475 Regional drainage map

[Repealed]
(1992 No 42).
476 Council may treat and deal with sewage

[Repealed]
(1992 No 42).
477 Construction of drains on or under roads, etc

[Repealed]
(1992 No 42).
478 Diversions, etc, of drain

[Repealed]
(1992 No 42).
479 Watercourses
[Repealed]
(1992 No 42).
480 Council may charge for regional drainage

[Repealed]
(1992 No 42).
481 Instalments of charges for regional drainage

[Repealed]
(1992 No 42).
482 Payment of charges

[Repealed]
(1992 No 42).
255
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483 Powers to permit constituent authorities to connect drains

[Repealed]
(1992 No 42).
484 Connection of drains outside region

[Repealed]
(1992 No 42).
485 Reticulation work

[Repealed]
(1992 No 42).
486 Operation of drainage works

[Repealed]
(1992 No 42).
Offences
[Repealed]
Heading: repealed, on 1 July 1992, by section 46 of the Local Government Amendment Act 1992
(1992 No 42).
487 Unlawful interference with drains

[Repealed]
(1992 No 42).
Part 28
Trade wastes
[Repealed]

[Repealed]
No 84).
489 Interpretation
[Repealed]
No 84).
256
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490 Councils may undertake trade wastes disposal

[Repealed]
No 84).
491 Powers of local authorities to make trade wastes bylaws

[Repealed]
No 84).
492 Making of trade wastes bylaws

[Repealed]
No 84).
493 Offences against trade wastes bylaws

[Repealed]
No 84).
494 Restrictions on rights of local authority to charge in respect of treatment

or reception of trade wastes
[Repealed]
No 84).
495 Appeal from assessment of charges

[Repealed]
No 84).
496 Hearing and determination of appeal

[Repealed]
No 84).
497 Trade wastes bylaws may be relaxed in certain cases

[Repealed]
No 84).
257
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498 Discharge of sewage into sewerage drain in accordance with bylaws not to
constitute offence
[Repealed]
No 84).
499 Right to discharge trade wastes into sewerage drains

[Repealed]
No 84).
500 Agreements as to disposal of trade wastes

[Repealed]
No 84).
501 Local authority may enter into agreements for disposal of sewage and
trade wastes
[Repealed]
No 84).
Powers of local authority as to trade wastes disposal outside district

[Repealed]
501A Local authority may construct trade wastes disposal works outside district
[Repealed]
No 84).
501B Construction and repair of trade wastes disposal works outside district
[Repealed]
No 84).
501C Local authority may agree to use trade wastes works under control of
other local authority
[Repealed]
No 84).
258
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501D Local authority may deal with trade wastes from areas outside district
[Repealed]
No 84).
501E Discontinuance of trade wastes system outside own district

[Repealed]
No 84).
Part 29
Land drainage and rivers clearance
(1979 No 59).
501F Application of Part 29

This Part—
(a) applies only in respect of—
(i) drainage channels or land drainage works under the control of a
council:
(ii) drainage channels or land drainage works under construction by a
council:
(iii) drainage channels or land drainage works that a council has
agreed to construct; and
(b) does not apply in respect of drainage channels or land drainage works
transferred by a council under Part 29A.
Section 501F: inserted, on 15 October 1999, by section 7 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).

Nothing in this Part shall derogate from the provisions of the Resource Man‐
agement Act 1991.
Section 502: replaced, on 1 October 1991, by section 362 of the Resource Management Act 1991
(1991 No 69).
503 Interpretation
In this Part, unless the context otherwise requires,—
council means a territorial authority
district means the district of a territorial authority
drainage area means any area constituted under this Part for land drainage
purposes
259
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drainage channel or channel means every passage or channel on or under the

ground through which water flows, continuously or otherwise, and which—
(a) immediately before the commencement of this Part was a drainage chan‐
nel under the control, as such, of any council; or
(b) is constructed by the council as a drainage channel after the commence‐
ment of this Part; or
(c) is vested in the council as a drainage channel;—
but does not include a navigable river, a water race as defined in section 422, or
a drain as defined in section 441 or section 471
land drainage works means works of any sort for the drainage of land in the
district (being works vested in the council or acquired or constructed or oper‐
ated by or under the control of the council under this Part), including drainage
channels for receiving water in its natural flow on or from any hills or other
lands, and works diverting or damming the same to prevent its overflow on to
any other lands at a lower level, as well as drainage channels for carrying off
water from any land.
(1979 No 59).
Land drainage areas

(1979 No 59).
504 Declarations in relation to drainage areas

(1) A council may, for the purpose of land drainage work, declare—
(a) all of its district to be a drainage area:
(b) part of its district to be a drainage area:
(c) 2 or more contiguous drainage areas to be a drainage area:
(d) the boundaries of a drainage area to be altered.
(2) A declaration must—
(a) define the relevant area; and
(b) assign a name to the drainage area; and
(c) fix the day on which the declaration takes effect.
(3) A council may make a declaration only if—
(a) a demand for a poll of electors is taken in accordance with sections 505
and 505A and results in a majority of votes in favour of the declaration;
or
(b) a petition complying with section 505B is presented to the council.
(4) Before making a declaration, a council must—
260
Version as at
(a) prepare a statement of proposal in relation to the declaration that

includes—
(i) a draft of the declaration; and
(ii) a statement of the reasons for proposing to make the declaration;
and
(iii) an explanation of the procedure—
(A) to demand a poll under section 505; and
(B) to petition the council under section 505B; and
(iv) when and where the council will vote on a motion to make the
declaration; and
(v) any other information that the council identifies as relevant; and
(b) make the statement of proposal available in a way appropriate to the sub‐
ject matter of the proposal; and
(c) produce a summary of proposal that—
(i) is a fair representation of the major matters in the statement of
proposal; and
(ii) explains how the statement of proposal is available; and
(d) publicise the summary of proposal in a way appropriate to the subject
matter of the proposal.
(5) The council must not vote on a motion to make the declaration until at least 20
working days after the summary of proposal is first publicised under subsection
(4)(d).
Act 2004 (2004 No 64).
505 Procedure for demanding poll

(1) For the purposes of section 504(3)(a), a demand for a poll is made if—
(a) the council resolves that a poll be taken; or
(b) 15% or more of the electors in the relevant area demand a poll, and a
document containing the demands is delivered to the principal office of
the council at least 3 working days before the date referred to in section
504(5).
(2) An elector has demanded a poll if he or she—
(a) signs a document which clearly expresses that he or she demands a poll
on whether the council should make the proposed declaration under sec‐
tion 504(1); and
(b) states, against his or her signature, his or her name and address with suf‐
ficient accuracy to determine whether—
(i) he or she is an elector; and
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(ii) the given address is in the relevant area.

Act 2004 (2004 No 64).
505A Poll on proposed declaration

(1) A council must conduct a poll on the proposed declaration under section 504(1)
if a demand is validly made under section 505(1).
(2) The poll must be conducted in accordance with the Local Electoral Act 2001,
and the provisions of that Act apply with all necessary modifications.
Section 505A: inserted, on 7 July 2004, by section 16 of the Local Government Act 1974 Amend‐
ment Act 2004 (2004 No 64).
505B Petition to make declaration

(1) A petition for a declaration is made under section 504(3)(b) if—
(a) a majority of the electors in the relevant area petition the local authority
to make the proposed declaration under section 504(1); and
(b) a document containing the petitions is delivered to the principal office of
the council at least 1 working day before the date referred to in section
504(5).
(2) An elector has validly petitioned if he or she—
(a) signs a document which clearly expresses that he or she petitions the
council to make the proposed declaration under section 504(1); and
(b) states, against his or her signature, his or her name and address with suf‐
ficient accuracy to determine whether—
(i) he or she is an elector; and
(ii) the given address is in the relevant area.
Section 505B: inserted, on 7 July 2004, by section 16 of the Local Government Act 1974 Amend‐
ment Act 2004 (2004 No 64).
505C Relevant area for polls and petitions

In sections 504 to 505B, relevant area,—
(a) in the case of a declaration under section 504(1)(a), means the district;
and
(b) in the case of a declaration under section 504(1)(b), means the part of the
district that would become the drainage area; and
(c) in the case of a declaration under section 504(1)(c), means the drainage
areas that would become the new drainage area; and
(d) in the case of a declaration under section 504(1)(d), means—
(i) any part of a drainage area that would be excluded from the drain‐
age area as a result of the boundary changes; and
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(ii) any part of the district that would be included in the drainage area
as a result of the boundary changes.
Section 505C: inserted, on 7 July 2004, by section 16 of the Local Government Act 1974 Amend‐
ment Act 2004 (2004 No 64).
506 Subdivision of areas

The council may from time to time divide any drainage area in the district con‐
stituted under section 504 or section 505 into subdivisions, and may define the
boundaries of any such subdivisions, and assign names thereto.
(1979 No 59).
Section 506: amended, on 7 July 2004, by section 17 of the Local Government Act 1974 Amendment
Act 2004 (2004 No 64).
Control of drainage channels and land drainage works

(1979 No 59).
507 Existing drainage channels may be brought under this Part

The Minister may, upon application by the council in which is vested any
drainage channel constructed under the provisions of any special Act, by notice
in the Gazette, declare that drainage channel to be subject to the foregoing pro‐
visions of this Part, as from a day to be named in the notice.
Compare: 1956 No 64 s 238(1)
(1979 No 59).
508 Repeal of special Act

From and after the day named in the special notice under section 507, the spe‐
cial Act shall be deemed to be repealed as to that drainage channel, saving as to
anything done, or any loan raised, or any rate authorised to be levied as secur‐
ity for the loan.
Compare: 1956 No 64 s 238(2)
(1979 No 59).
Powers of councils with respect to land drainage

(1979 No 59).
509 Powers of council as to drainage channels and land drainage works

(1) The council may purchase, or make and maintain, or enlarge, and from time to
time alter, extend, or repair, any drainage channel or land drainage works con‐
structed under this Part in any drainage area in the district, and for that purpose
may—
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(a) contract with the owner of any private land for and acquire from him by
deed duly executed the grant in perpetuity to the council of the use,
occupation, and enjoyment of that land or any part thereof for the pur‐
pose of constructing and maintaining any drainage channel or land drain‐
age works thereon:
(b) make drainage channels or land drainage works upon, over, or under any
land:
(c) make drainage channels or land drainage works over or under any road
or place to which the public have general access, or through any public
reserve:
(d) alter the course or level of any road or public place, and break up and dig
into the surface thereof and stop temporarily the traffic thereon:
(e) make land drainage works across any stream or river but so as not to
impede the navigation upon any navigable river, except under the provi‐
sions of a special Act:
(f) alter the course or level of any stream or river, or of any ditch or drain‐
age channel:
(g) alter any drain, sewer, gas pipe, other pipe, cable, or other apparatus of
any kind on or under any road or public place, whether within or outside
the district, so far as is necessary for the purpose of constructing and
maintaining any drainage channel or land drainage works.
(2) Section 708 shall apply with respect to the laying of drainage channels or land
drainage works on private land pursuant to subsection (1).
Compare: 1928 No 21 s 265; 1956 No 64 s 230
(1979 No 59).
510 Inspection of private dams, etc

Subject to section 238, the council shall have the power to inspect any private
dam, weir, or mill race, and to close or open any sluice or flood gate for the
purpose of such inspection.
Compare: 1928 No 21 s 265(1)(l)
(1979 No 59).
Removal of obstructions from drainage channels and watercourses

(1979 No 59).
511 Removal of obstructions from drainage channel or watercourse

(1) Where in the opinion of the council the free flow of water in any drainage
channel or in any watercourse that is not under the control of any other local
authority—
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(a) is impeded by any obstruction, and that obstruction is likely to cause loss
of life, injury, or damage to property in the district or to obstruct naviga‐
tion; or
(b) is likely to be impeded by any such obstruction,—
the council may, by notice in writing, require the occupier or, if there is no
occupier, the owner of the land on the banks of the drainage channel or water‐
course within the district to remove the obstruction from the drainage channel
or watercourse and from the banks of the drainage channel or watercourse to a
distance not exceeding 3 metres from the nearest margin of the drainage chan‐
nel or watercourse.
(2) Within 10 days after service of the notice, the occupier or owner to whom the
notice is given may apply to the District Court for an order setting aside the
notice.
(4) In the case of a notice which is not set aside as aforesaid, if the occupier or
owner, as the case may be, fails to do any such act in compliance therewith
within 1 month from the service thereof, or, where application as aforesaid has
been heard, then within 1 month after the giving of the decision of the court, he
commits an offence, and the council, by its officers or agents, may enter on the
land and do that act.
(5) Where the council does any work under subsection (4), it may recover the cost
from the occupier or owner.
(5A) Notwithstanding that no work has been carried out by the council under sub‐
section (4), the council may recover any cost or expenses incurred by it under
this section in respect of any investigations or supervision carried out by the
officers or agents of the council.
(6) The said cost and expenses shall be a charge upon the land.
(7) The council may dispose of anything removed under this section in such man‐
ner as it thinks fit, and the proceeds of that disposal shall form part of its
general revenues.
(8) Where a drainage channel or watercourse or the bed thereof divides 2 districts,
the council on either side may exercise the powers under subsection (1) in
respect of that half of the river bed adjoining the bank within its district.
(9) In this section,—
(a) obstruction includes earth, stone, timber, driftwood, and material of all
kinds, and trees, plants, weeds, and growths of all kinds:
(b) the occupier or owner of land adjoining a road shall be deemed to be the
occupier or owner of land on the banks of any drainage channel or
watercourse running upon the road where the road fronts the land of that
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occupier or owner, unless the channel or watercourse has been artifi‐

cially constructed by the council for the purpose only of draining the sur‐
face of the road:
(c) remove, in relation to any obstruction consisting of trees, plants, weeds,
or growths, includes, if the council so specifies, burning, poisoning, cut‐
ting, or treating, whether with or without the removal of the burnt, pois‐
oned, cut, or treated portions.
(10) Nothing in this section shall be deemed to authorise any council to dispose of
any timber floated down any watercourse under the Timber Floating Act 1954.
Compare: 1908 No 96 s 62; 1913 No 31 s 7; 1956 No 7 s 9(1), (3)
(1979 No 59).
No 49).
Section 511(5A): inserted, on 15 October 1999, by section 8(1) of the Local Government Amend‐
ment Act (No 5) 1999 (1999 No 125).
Section 511(6): amended, on 15 October 1999, by section 8(2) of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
512 Power to require council to order removal of obstructions

(1) In any case where the council might give any notice under section 511(1) in
respect of any land, any resident of the district may, by notice in writing,
request the council to do so.
(2) If for the space of 1 month after the receipt of the last-mentioned notice the
council fails to comply therewith, the resident making the request may apply to
the District Court for an order requiring the council to comply with that notice.
(3) On the hearing of the application, the court shall determine whether and to
what extent the notice shall be complied with by the council, and the decision
of the court shall be final.
(1979 No 59).
No 49).
513 Order of court on application under section 511 or section 512

Where under section 511(2) or section 512(2) application is made to the Dis‐
trict Court for an order setting aside a notice under subsection (1) of the said
section 511 or, as the case may be, an order requiring the council to comply
with a notice under subsection (1) of the said section 512, then, notwithstand‐
ing anything in the said section 511 or section 512, the court may, in its discre‐
tion,—
(a) direct that—
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(i) a portion of the cost of removing the obstruction; and

(ii) a portion of the cost and expenses incurred by the council under
section 511 or section 512 in respect of any investigations or
supervision carried out by the officers or agents of the council,—
be borne by any person holding any interest in the land or by any local
authority whose district or works will be improved by that removal:
(b) decide when and to whom that cost is to be paid:
(c) direct who shall do the work and the time within which it is to be com‐
pleted.
(1979 No 59).
Section 513: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 513(a): replaced, on 15 October 1999, by section 9 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
514 Council may make advances to owners

(1) The council may make advances to the owner of any land within the district for
the purpose of enabling him to do all things necessary to comply with any
requirement of the council under section 511 or to cover in or improve any
drainage channel or watercourse on the banks of which that land is situated.
(2) Instead of making any such advance to any owner, the council may, by agree‐
ment with the owner, itself do all or any of the things referred to in subsection
(1), and all money expended by the council pursuant to that agreement,
together with an amount to cover the cost of supervision by the officer or
agents of the council, is deemed to be an advance for the purposes of this sec‐
tion.
(3) The council and the owner may agree that the amount of any advance shall be
repayable in 1 amount at a fixed time with interest at a rate per annum fixed by
the council, or by instalments extending over a number of years with interest
not exceeding that rate. The agreement may contain any incidental provisions
and may provide for the earlier payment of instalments, or any of them, on
terms to be mentioned in the agreement:
provided that, where the agreement makes no provision as aforesaid for early
payment of instalments, the council shall accept payment of the whole of the
unpaid instalments at any time when payment is tendered, and for the purpose
of any such tender interest shall be paid up to and including the day of tender.
(4) That agreement may, where the money is repayable in 1 amount, contain provi‐
sions for securing the repayment thereof, and, where the money is repayable by
instalments, each such instalment is a charge on the land:
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provided that the owner for the time being of the premises shall in all cases be
deemed the person primarily liable for payment.
Compare: 1908 No 96 s 63A; 1956 No 7 s 10
(1979 No 59).
Section 514(2): replaced, on 15 October 1999, by section 10 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
Section 514(3): amended, on 10 September 1999, by section 6 of the Local Government Amendment
Act (No 4) 1999 (1999 No 108).
Section 514(4): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act
2002 (2002 No 6).
515 Removal of obstructions in watercourses outside the district

(1) Where any watercourse under the control of the council extends beyond the
limits of the district, and its obstruction is likely to cause loss of life, injury, or
damage to property within the district, the council may, by notice in writing,
require the occupier or, where there is no occupier, the owner of any land on
the banks of the river, stream, or watercourse for a distance of 1 500 metres
beyond the upstream boundary or downstream boundary of the district to
remove any earth or stone, and any driftwood, tree, shrub, or bush, or any part
thereof, impeding the free flow of water in that watercourse, or to lower or trim
any part of a tree, shrub, or bush overhanging that watercourse and likely to fall
therein, within the space of the aforesaid 1 500 metres.
(2) Subsections (2) to (7) and (9)(b) of section 511 shall apply with respect to
every notice under this section as if it were a notice given under subsection (1)
of the said section 511.
(3) In this section the terms obstruction and remove have the same meanings as in
section 511(9).
Compare: 1928 No 21 s 205; 1972 No 96 s 3(1); 1973 No 44 s 13(3)
(1979 No 59).
General provisions
(1979 No 59).
516 Exercise of powers on roads and public works not under control of council
Schedule 14 shall apply with respect to any drainage channels and land drain‐
age works on roads and other public works not under the control of the council.
(1979 No 59).
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517 Bylaws for protection of land drainage works

Without limiting the powers of the council to make bylaws conferred by sec‐
tion 684, the council may from time to time make bylaws—
(a) to regulate the use of any constructed drainage channel under the control
of the council:
(b) to determine the conditions on which other constructed public or private
drainage channels may be connected or continue to be connected with
any constructed drainage channel under the control of the council,
including in those conditions the payment to the council of any annual or
other charges:
(c) to compel owners of land on or adjoining which there are any water‐
courses or drainage channels to construct, maintain, and renew crossings
thereover at places and in manner approved by the council:
(d) to regulate the construction and maintenance of crossings over water‐
courses and drainage channels:
(e) to provide that in the case of specified watercourses or drainage chan‐
nels, or parts thereof, the crossings shall be bridges or culverts construc‐
ted at places and in manner approved by the council:
(f) to prohibit the passing over any watercourse or drainage channel except
at appointed crossings:
(g) prohibiting interference without the consent of the council with dams,
reservoirs, headworks, and buildings connected with drainage channels:
(h) to prohibit the widening and deepening of drainage channels, or the
alteration of the course thereof, without the consent of the council:
(i) prohibiting or regulating the planting of any trees, hedges, or other
plants or the erection of any structures on or within a specified distance
from the banks of any watercourse or drainage channel where they will
obstruct or be likely to obstruct the free passage along the banks of the
watercourse or channel of machinery or apparatus used for the purpose
of improving, maintaining, or cleaning watercourses or channels, and
requiring owners and occupiers of land on which any trees, hedges, or
other plants are planted or structures are erected in breach of the bylaws
to remove them:
(j) regulating the erection of any structures or fences within a specified dis‐
tance of any watercourse or drainage channel or in any place where they
will obstruct or be likely to obstruct the free flow of flood waters in any
existing flood channel:
(k) authorising the council to require the removal, burning, poisoning, cut‐
ting, or treating (whether with or without the removal of the burnt, pois‐
oned, cut, or treated portions) of trees, plants, weeds, or growths that
obstruct or will be likely to obstruct the free flow of water in any water‐
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Part 29A s 517A Local Government Act 1974 1 July 2022
course or drainage channel or the free flow of flood waters in any exist‐
ing flood channel:
(l) to prohibit or regulate the pumping or releasing of water into any water‐
course or drainage channel:
(m) generally, to prevent trespasses, nuisances, and obstructions to drainage
channels, and to make all such provision as to the council may seem
necessary or expedient for the protection and proper management of
drainage channels.
(1979 No 59).
Part 29A
Divestment of land drainage schemes and water race schemes
Part 29A: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517A This Part subject to Resource Management Act 1991 and Soil
Conservation and Rivers Control Act 1941
Nothing in this Part derogates from the provisions of the Resource Manage‐
ment Act 1991 or the Soil Conservation and Rivers Control Act 1941.
Section 517A: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517B Interpretation
In this Part, unless the context otherwise requires,—
drainage area means any area constituted under Part 29 for land drainage pur‐
poses
drainage channel and channel have the meanings given to those terms by sec‐
tion 503
land drainage scheme means all drainage channels or land drainage works
relating to a particular land drainage system vested in a council or acquired or
constructed or operated by or under the control of a council under Part 29
land drainage works has the meaning assigned to that term by section 503
occupier, in relation to any land, means the owner of the land, except where a
person other than the owner has a right to occupy the land by virtue of a ten‐
ancy granted for a term of not less than 12 months certain, in which case the
term occupier means that person; and includes any person having a right to
occupy the land by virtue of a lease, licence, or other authority for a term of not
less than 12 months certain
scheme asset means any real or personal property of any kind of the local
authority that is held or used (whether solely or partially) for the purposes of,
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1 July 2022 Local Government Act 1974 Part 29A s 517B
or in relation to any land drainage scheme or water race scheme proposed to be

transferred under this Part, whether or not subject to rights, and, without limit‐
ing the generality of the foregoing provisions of this definition, includes—
(a) any estate or interest in any land, including all rights of occupation of
land or buildings:
(b) all buildings, vehicles, plant, equipment, and machinery, and any rights
therein:
(c) all financial reserves, and any rights therein:
(d) all securities within the meaning of the Securities Act 1978:
(e) all rights of any kind, including rights under Acts, deeds, agreements, or
licences, and any kind of consent granted under the Resource Manage‐
ment Act 1991, and all applications for and objections against applica‐
tions for such rights:
(f) annual revenue (or any proportion thereof) received by a local authority
from land vested in the local authority in trust or as an endowment for
the purpose of or in relation to the land drainage scheme or water race
scheme; but does not include any interest in any such land
scheme liabilities means any liabilities of the local authority that were incurred
(whether solely or partially) for the purposes of any land drainage scheme or
water race scheme proposed to be transferred under this Part and, without
limiting the generality of the foregoing provisions of this definition, includes—
(a) liabilities and obligations under any Act or agreement; and
(b) deposits and other debt securities within the meaning of the Securities
Act 1978; and
(c) contingent liabilities
scheme owner means, in relation to a land drainage scheme or water race
scheme transferred under this Part, any person or group of persons who control
that scheme after its transfer
scheme user, in relation to any land drainage scheme or water race scheme
proposed to be transferred, means the occupier, whether solely or jointly with
others, of any land served by the land drainage scheme or water race scheme;
and includes the operator of any other drainage system or water supply system
that utilises that land drainage scheme or water race scheme
water race has the meaning given to that term by section 422(1)
water race area means a water race area constituted under Part 25
water race scheme means all water races relating to a particular water race
system and constructed or established, or deemed to be constructed by a coun‐
cil, under Part 25.
Section 517B: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
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Part 29A s 517C Local Government Act 1974 1 July 2022
517C Purposes of this Part

The purposes of this Part are—
(a) to enable any land drainage scheme or water race scheme to be transfer‐
red to the ownership and responsibility of the ratepayers served by the
scheme where that is the wish of those ratepayers; and
(b) to ensure that the manner in which any such scheme is transferred pro‐
tects—
(i) the interests of all ratepayers served by the scheme; and
(ii) the public interest in the effective operation of this Act and other
Acts by local authorities.
Section 517C: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517D Obligation of local authority to facilitate purposes

(1) Where any local authority that has control of a land drainage scheme or water
race scheme has reasonable grounds to believe that a significant proportion of
scheme users may seek the transfer of that scheme under this Part, the local
authority must, in relation to that scheme, take all reasonable steps to facilitate
the operation of the provisions of this Part.
(2) Reasonable steps under subsection (1) may include the provision of reasonable
assistance to any person appearing to represent or have the confidence of the
scheme users in the development of a transfer proposal.
Section 517D: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
Transfer petitions and transfer proposals

Heading: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517E Initiation of transfer

Subject to section 517F, any person who is a scheme user of a land drainage
scheme or water race scheme may file, at the principal office of the local
authority that has control of the scheme,—
(a) a petition requesting the transfer of the land drainage scheme or water
race scheme to the scheme users; and
(b) a transfer proposal.
Section 517E: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517F Duty of local authority upon receipt of transfer petition and transfer
proposal
(1) No transfer petition or transfer proposal filed under section 517E is of any
effect if—
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1 July 2022 Local Government Act 1974 Part 29A s 517G
(a) the number of valid signatures to the transfer petition is not greater than
50% of the number of separately rateable properties served by the land
drainage scheme or water race scheme; or
(b) the transfer proposal is the same or substantially similar to any proposal
that has been filed with the local authority within the period of 36
months ending with the date on which the transfer petition is filed with
the local authority.
(2) Where any transfer petition or transfer proposal is of no effect under subsection
(1), the local authority must notify the proposer or the proposer’s representative
accordingly.
(3) Subject to subsection (1), where the local authority ascertains that a transfer
proposal filed under section 517E does not deal adequately with the matters set
out in section 517I, the local authority must return that transfer proposal to the
proposer together with a written statement indicating the matters that, in the
local authority’s opinion, have not been adequately dealt with in the proposal.
(4) The return of the transfer proposal to the proposer under subsection (3) does
not in any way preclude the proposer from once again filing a transfer petition
under section 517E and subsection (1)(b) has effect, in relation to the transfer
proposal that accompanies any such transfer petition, as if the transfer proposal
returned under subsection (3) had never been filed.
Section 517F: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517G Signatures to transfer petition

(1) Subject to this section, every scheme user is entitled to sign the transfer petition
filed under section 517E.
(2) Where there is more than 1 scheme user in respect of any property served by
the land drainage scheme or water race scheme proposed to be transferred,
every such scheme user is entitled to sign a petition requesting the transfer of
the land drainage scheme or water race scheme; but not more than 1 signature
in respect of any such property may be counted for the purpose of assessing the
number of valid signatures to the petition.
(3) For the purposes of this section, and section 517F, land held in more than
1 title but occupied by the same person or persons and used as a single property
is deemed to be 1 property.
(4) No person may sign any transfer petition more than once.
(5) Every scheme user who signs a petition filed under section 517E must state
against the scheme user’s signature—
(a) the scheme user’s name; and
(b) the address of the property in respect of which the scheme user is
entitled by virtue of subsection (1) to sign the petition.
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Part 29A s 517H Local Government Act 1974 1 July 2022
Section 517G: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517H Proposer
Every transfer proposal filed under section 517E must clearly state—
(a) the name of the proposer; and
(b) an address at which the proposer or a representative of the proposer can
be contacted; and
(c) where a representative of the proposer is the person to be contacted, the
name of that representative; and
(d) the grounds on which the proposer claims to be entitled to make the pro‐
posal.
Section 517H: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517I Contents of transfer proposal

The transfer proposal must—
(a) identify the land drainage scheme or water race scheme proposed to be
transferred, which identification must be accompanied by a plan or other
description sufficient to identify the land drainage scheme or water race
scheme; and
(b) identify (by reference to the land or property which is served by the
scheme and which is occupied by each scheme user) the scheme users to
whom the scheme is to be transferred; and
(c) state whether it is the intention of the scheme users to whom the scheme
is to be transferred—
(i) to have the scheme transferred to themselves as tenants in com‐
mon; or
(ii) to have the scheme transferred, by their direction, to a body cor‐
porate comprised of those scheme users or acting on their behalf;
or
(iii) to have the scheme transferred, by their direction, to persons
appointed by them to hold the scheme in trust on their behalf; and
(d) identify the scheme assets and scheme liabilities; and
(e) identify the scheme assets and scheme liabilities proposed to be transfer‐
red with the scheme; and
(f) identify such of the assets identified in paragraph (e) as are, upon trans‐
fer of the scheme, to be purchased from the local authority (because they
are not held or used by the local authority solely for the purposes of, or
in relation to, the scheme to be transferred); and
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(g) identify the price proposed to be paid or the method for determining the
price that should be paid for the scheme assets identified in paragraph
(f); and
(h) propose a procedure for the transfer of such of the scheme assets and
scheme liabilities as are proposed to be transferred with the scheme and
a timetable for their transfer; and
(i) identify any rights conferred by designations under operative district
plans applying to any land relating to the scheme; and
(j) identify any rules or proposed rules in any regional plan or proposed
regional plan relating to the scheme; and
(k) identify any resource consents relating to the scheme, including any
water permits or discharge permits that have become resource consents
under section 386 of the Resource Management Act 1991; and
(l) identify any leases, easements, permits, or rights of any kind in respect
of any scheme assets or scheme liabilities.
Section 517I: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517J Service of transfer proposal

The proposer of a transfer proposal filed under section 517E, or the proposer’s
representative, must, as soon as practicable after filing the transfer petition and
the transfer proposal under that section, serve a copy of the transfer proposal
on—
(a) every scheme user who is the operator of a drainage system or water
supply system that utilises the scheme to which the transfer proposal
relates; and
(b) every other scheme user in relation to the scheme to which the transfer
proposal relates; and
(c) every local authority within whose district the scheme to which the
transfer proposal relates is wholly or partly situated or which is other‐
wise likely to be affected by the transfer of that scheme (other than the
local authority that has control of that scheme).
Section 517J: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517K Right to object to transfer proposal

Where a transfer proposal is filed under section 517E in relation to any land
drainage scheme or water race scheme,—
(a) any scheme user who is the operator of a drainage system or water sup‐
ply system that utilises the scheme to which the transfer proposal relates;
and
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Part 29A s 517L Local Government Act 1974 1 July 2022
(b) any other scheme user in relation to the scheme to which the transfer
proposal relates; and
(c) any local authority within whose district the scheme to which the trans‐
fer proposal relates is wholly or partly situated or which is otherwise
likely to be affected by the transfer of that scheme (including the local
authority that has control of that scheme)—
may, in accordance with this Part, object to the transfer proposal.
Section 517K: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517L Notice of right to object

Subject to section 517F(3), every local authority that receives a transfer peti‐
tion and transfer proposal under section 517E must, as soon as practicable after
such receipt, forward—
(a) to every scheme user who is the operator of a drainage system or water
supply system that utilises the scheme to which the transfer proposal
relates; and
(b) to every other scheme user in relation to the scheme to which the trans‐
fer proposal relates; and
(c) to every local authority entitled under section 517K(c) to object to the
transfer proposal,—
a notice complying with section 517M.
Section 517L: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517M Contents of notice of right to object

Every notice given under section 517L must—
(a) give notice of the local authority’s receipt of the transfer petition and
transfer proposal under section 517E; and
(b) give notice of the obligations of the proposer under section 517J, and of
the address at which the proposer or a representative of the proposer can
be contacted; and
(c) invite any person (being a person entitled under section 517K to object
to the transfer proposal) who wishes to object to the transfer proposal to
lodge written objections to the proposed transfer of the land drainage
scheme or water race scheme identified in the notice or the transfer pro‐
posal prepared in respect of any such scheme, at the principal office of
the local authority that has control of that land drainage scheme or water
race scheme, on or before a date specified in the notice, which date must
be no earlier than 6 weeks after the date of that notice; and
(d) advise that, where objections are received from—
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(i) a local authority entitled under section 517K(c) to object to the

transfer proposal; or
(ii) the operator of any other drainage system or water supply system
that utilises the scheme; or
(iii) scheme users who are occupiers of not less than 5% of the number
of separately rateable properties served by the land drainage
scheme or water race scheme,—
all the objections received by the local authority will be forwarded to the
Commission for determination in accordance with section 517T:
(e) advise that, where a local authority receives an objection under para‐
graph (d)(i) or paragraph (d)(ii), any objections received by the local
authority under paragraph (d)(iii) will also be forwarded to the Commis‐
sion, notwithstanding that those objections are from scheme users who
are occupiers of less than 5% of the number of separately rateable prop‐
erties served by the land drainage scheme or water race scheme.
Section 517M: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
517N Lodging of objections

Every objection under section 517K—
(a) must be made in writing; and
(b) must, within the time stipulated in the notice issued under section 517M,
be lodged with the principal administrative officer of the local authority;
and
(c) must state the basis on which the person making the objection is entitled
to do so under section 517K; and
(d) must, where the person making the objection is a scheme user who is the
operator of a drainage system or water supply system that utilises the
scheme to which the transfer proposal relates,—
(i) describe that drainage system or water supply system; and
(ii) state, against the scheme user’s signature, the scheme user’s
name; and
(e) must, where the person making the objection is a scheme user (other
than a scheme user to whom paragraph (d) applies), state against the
scheme user’s signature—
(i) the scheme user’s name; and
(ii) the address of the property in respect of which the scheme user is
entitled to lodge the objection; and
(f) must specify the grounds on which the objection is lodged, which
grounds must be stated with sufficient particularity as to give full advice
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to both the Local Government Commission and other parties of the

issues involved.
Section 517N: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517O Service of copies of objections

Every person who lodges an objection under section 517K must, either before
or immediately after the lodging of the objection, serve a copy of the objection
either personally or by post on the proposer of the transfer or the proposer’s
representative.
Section 517O: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517P Notification by local authority of receipt of objections

Within 7 days after the closing date for the lodging of written objections under
section 517K, the local authority—
(a) must ascertain whether it has received any written objections from—
(i) any local authority entitled under section 517K(c) to object to the
transfer proposal; or
(ii) the operator of any other drainage system or water supply system
that utilises the scheme; or
(iii) scheme users who are occupiers of not less than 5% of the number
of separately rateable properties served by the land drainage
scheme or water race scheme; and
(b) must advise the proposer and all other scheme users and every local
authority within whose district the scheme is wholly or partly situated or
which is otherwise likely to be affected by the proposed transfer,
whether or not, as a result of its finding under paragraph (a), the local
authority is required by section 517S to forward to the Commission the
transfer proposal and every objection received by the local authority.
Section 517P: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517Q Procedure where transfer proposal not required to be forwarded to

Commission
Where the local authority finds, under section 517P, that it is not required by
section 517S to forward to the Commission the transfer proposal and every
objection received by the local authority, the transfer proposal becomes, as
from the date of the local authority’s finding under section 517P(a), a transfer
plan and the local authority must, as soon as practicable, give effect to that
transfer plan.
Section 517Q: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
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517R Obligation of local authority to effect transfer

Where a transfer proposal becomes a transfer plan under section 517Q, the
local authority in whom the land drainage scheme or water race scheme is ves‐
ted, must transfer the land drainage scheme or water race scheme—
(a) to the scheme users of the land drainage scheme or water race scheme as
tenants in common; or
(b) by direction of the scheme users of the land drainage scheme or water
race scheme,—
(i) to any body corporate comprised of or acting on behalf of all the
scheme users; or
(ii) where the scheme users of the land drainage scheme or water race
scheme have appointed any persons to hold the scheme in trust on
behalf of the scheme users, to those persons as joint tenants.
Section 517R: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517S Procedure on receipt of objections

(1) The local authority must, as soon as is practicable upon receipt by it of—
(a) an objection from a local authority entitled under section 517K(c) to
object to the transfer proposal; or
(b) an objection from any scheme user who is the operator of a drainage sys‐
tem or water supply system that utilises the scheme; or
(c) objections from scheme users who are occupiers of not less than 5% of
the number of separately rateable properties served by the land drainage
scheme or water race scheme,—
forward to the Commission the copies and information specified in subsection
(2).
(2) The copies and information required by subsection (1) to be forwarded to the
Commission comprise—
(a) a copy of the transfer proposal; and
(b) a copy of every objection received by the local authority under section
517K; and
(c) such information concerning the characteristics of the land drainage
scheme or water race scheme proposed to be transferred as is necessary
for the purposes of section 517T.
Section 517S: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517T Duty of Commission to consider objections

(1) Where the copy of the transfer proposal and the copies of the other documents
are forwarded to the Commission under section 517S, the Commission—
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(a) must ensure that the proposer or a representative of the proposer, and
any person who has lodged a written objection under section 517K, and
any other person or group of persons the Commission thinks fit, is given
a reasonable opportunity to be heard by the Commission; and
(b) must consider, having regard to the criteria set out in section 517U and
such other matters as the Commission considers on reasonable grounds
to be relevant,—
(i) the transfer proposal; and
(ii) each objection received; and
(iii) all other relevant information presented to or obtained by the
Commission.
(2) Where all objections to a transfer proposal have been considered and any fur‐
ther investigations or inquiries or negotiations considered by the Commission
to be necessary or desirable have been made or carried out, the Commission
must determine whether the transfer of the scheme is to proceed or not.
(3) Where the Commission determines under subsection (2) that the proposed
transfer is to proceed, the Commission may approve the transfer proposal with
such modifications, if any, as the Commission thinks fit, being modifications
which result from the objections made in relation to the transfer proposal or
from any investigations, inquiries, or negotiations made or carried out in rela‐
tion to that transfer proposal.
(4) The determination of the Commission under subsections (2) and (3) is final.
Section 517T: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517U Relevant criteria

Where the Commission considers any transfer proposal under section 517T, the
relevant criteria, in relation to any such consideration, are—
(a) the purposes of local government as set out in section 37K; and
(b) the purposes of this Part as set out in section 517C; and
(c) the extent to which the transfer of the scheme would impact upon, or be
prejudicial to, the operation of any other drainage system or water sup‐
ply system that utilises the scheme; and
(d) the extent to which the transfer of the scheme would be oppressive,
unfairly discriminatory, or unfairly prejudicial to any scheme user or par‐
ticular scheme users; and
(e) the extent to which the transfer of the scheme would impact upon the
functions, powers, and duties of any local authority under the Local
Government Act 1974, the Resource Management Act 1991, the Soil
Conservation and Rivers Control Act 1941, or any other Act.
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Section 517U: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517V Notice of Commission’s determination

(1) Where the Commission makes a determination under section 517T, the Com‐
mission must as soon as practicable after making that determination,—
(a) forward a copy of that determination, together with a statement explain‐
ing the Commission’s reasons for the determination to the local authority
concerned and to the proposer or the proposer’s representative; and
(b) give notice of the determination and explanatory statement to all scheme
users and local authorities affected by the proposed transfer; and
(c) make a copy of the determination and a copy of the explanatory state‐
ment available for public inspection at the office of the Commission.
(2) The local authority concerned must make a copy of the determination and a
copy of the explanatory statement available for public inspection at its office.
Section 517V: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517W Modification of support for transfer proposal

(1) This section applies to any transfer proposal approved with modifications by
the Commission under section 517T(3).
(2) Where a local authority receives under section 517V(1) a copy of a determin‐
ation by which a transfer proposal is approved with modifications by the Com‐
mission, the local authority must forward to every scheme user a notice
which—
(a) gives notice that the Local Government Commission has modified the
transfer proposal; and
(b) states the Commission’s obligations under paragraphs (b) and (c) of sec‐
tion 517V(1) and the local authority’s obligations under section
517V(2); and
(c) states that any scheme user who signed the transfer petition under sec‐
tion 517G in respect of the transfer proposal may, by written application
received by the local authority before a date specified in the notice,
being a date not less than 4 weeks nor more than 6 weeks after the date
of the notice, have the scheme user’s signature deleted from the petition;
and
(d) states that any scheme user who was entitled under section 517G to sign
the transfer petition in respect of the transfer proposal but did not sign
that petition may, by written application received by the local authority
before the date specified under paragraph (c), have the scheme user’s
support for the petition recorded; and
(e) states the local authority’s obligations under subsection (3).
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(3) Within 7 days after the date specified under subsection (2)(c), the local author‐
ity must determine whether—
(a) after deleting any signature that is the subject of an application under
subsection (2)(c); and
(b) after counting, as if it were a signature to the petition, any support for the
petition recorded in accordance with an application under subsection
(2)(d),—
the number of valid signatures on the transfer petition is equal to or greater
than 75% of the number of separately rateable properties served by the land
drainage scheme or water race scheme.
(4) Where the local authority determines under subsection (3) that the number of
valid signatures on the transfer petition is not equal to or greater than 75% of
the number of separately rateable properties served by the land drainage
scheme or water race scheme, the local authority must notify every scheme
user that the number of valid signatures on the transfer petition is insufficient
and that the transfer proposal is not to proceed.
Section 517W: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
Transfer plan
(No 5) 1999 (1999 No 125).
517X Procedure after determination

(1) Where the Commission determines under section 517T(2) that the transfer of
the land drainage scheme or water race scheme is to proceed (and does not
exercise its power, under section 517T(3) to approve the transfer proposal with
modifications), the transfer proposal becomes, as from the date of the Commis‐
sion’s determination, a transfer plan and the local authority must, as soon as
practicable, give effect to that transfer plan.
(2) Where, in relation to a transfer proposal to which section 517W applies, the
local authority determines, under section 517W(3), that the number of valid
signatures on the transfer petition is equal to or greater than 75% of the number
of separately rateable properties served by the land drainage scheme or water
race scheme, the modified transfer proposal becomes, as from the date of the
local authority’s determination, a transfer plan and the local authority must, as
soon as practicable, give effect to the transfer plan.
Section 517X: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517Y Obligation of local authority to effect transfer

Where a transfer proposal becomes a transfer plan under section 517X, the
local authority in whom the land drainage scheme or water race scheme is ves‐
ted, must transfer the land drainage scheme or water race scheme—
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(a) to the scheme users of the land drainage scheme or water race scheme as
tenants in common; or
(b) by direction of the scheme users of the land drainage scheme or water
race scheme,—
(i) to any body corporate comprised of or acting on behalf of the
scheme users; or
(ii) where the scheme users of the land drainage scheme or water race
scheme have appointed any person to hold the scheme in trust on
behalf of the scheme users, to those persons as joint tenants.
Section 517Y: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
Implementation of transfer plan

(No 5) 1999 (1999 No 125).
517Z Transfer by local authority of scheme assets and scheme liabilities

(1) Notwithstanding any Act, rule of law, or agreement, where a transfer proposal
becomes a transfer plan under section 517Q or section 517X and that plan is to
be given effect to by the transfer of a land drainage scheme or water race
scheme, the local authority must on the transfer day—
(a) transfer to the person or group of persons to whom the scheme is trans‐
ferred, the scheme assets and scheme liabilities; and
(b) vest in the person or group of persons to whom the scheme is transferred
any rights conferred by designations under district plans applying to any
land transferred pursuant to this Part; and
(c) grant to the person or group of persons to whom the scheme is transfer‐
red leases, easements, permits, consents, or rights of any kind in respect
of any scheme assets or scheme liabilities as provided for by the transfer
proposal, the amended transfer proposal, or the Commission’s determin‐
ation, as the case may be.
(2) Where a local authority continues, on behalf of scheme users, to collect reve‐
nue from land vested in the local authority in trust or as an endowment for the
purposes of or in relation to a land drainage scheme or water race scheme
transferred under this Part, the local authority is entitled to deduct from such
revenue all reasonable costs and expenses incurred in the collection of such
revenue.
(3) Where any designation is, under subsection (1)(b) vested in a person or group
of persons, that person or group of persons may, within the period of 2 years
beginning on the transfer day, apply under section 167 of the Resource Man‐
agement Act 1991 for approval as a requiring authority and is, until that appli‐
cation is disposed of or until that period of 2 years expires, whichever is the
sooner, deemed to be a requiring authority within the meaning of that Act.
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(4) Scheme assets that are fixed to, or are under or over, any land may be transfer‐
red under this Part, whether or not any interest in the land is also transferred.
Where any such asset is so transferred, the asset and the land are to be regarded
as separate assets each capable of separate ownership.
(5) Any scheme asset or scheme liability may be transferred under this Part,
whether or not any Act or agreement relating to the asset or liability permits
such transfer or requires any consent to such a transfer.
(6) Where a transfer takes place pursuant to this section and the transfer is regis‐
trable, the person responsible for keeping the register must register the transfer
forthwith after written notice of the transfer is received by him or her from any
person authorised for that purpose by the local authority.
Section 517Z: inserted, on 15 October 1999, by section 11 of the Local Government Amendment Act
(No 5) 1999 (1999 No 125).
517ZA Further provisions relating to transfer of scheme assets and scheme

liabilities
(1) Nothing in this Part—
(a) is to be regarded as placing the local authority, the scheme owner, or any
other person in breach of contract or confidence or as otherwise making
any of them guilty of a civil wrong; or
(b) is to be regarded as giving rise to a right for any person to terminate or
cancel any contract or arrangement or to accelerate the performance of
any obligation; or
(c) is to be regarded as placing the local authority, the scheme owner, or any
other person in breach of any enactment or rule of law or contractual
provision prohibiting, restricting, or regulating the assignment or transfer
of any property or the disclosure of any information; or
(d) releases any surety wholly or in part from all or any obligation; or
(e) invalidates or discharges any contract or security.
(2) Where a scheme asset or scheme liability is transferred to the scheme owner
under section 517Z, the local authority remains liable to any third party as if
the asset or liability had not been so transferred and in any such case the
scheme owner must indemnify the local authority in respect of any liability
arising under this situation.
(3) Where—
(a) any scheme assets held or used by a local authority are held or used for
the purposes of, or in relation to, any other land drainage scheme or
water race scheme vested in the local authority; or
(b) any scheme liabilities are incurred by a local authority for the purposes
of any other land drainage scheme or water race scheme vested in the
local authority,—
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the scheme owner must indemnify the local authority for that proportion of the
liability which represents the share of the land drainage scheme or water race
scheme in any such scheme asset or scheme liability.
(4) Any satisfaction or performance by the scheme owners in respect of the asset
or liability is deemed to be also satisfaction or performance by the local author‐
ity.
(5) Any satisfaction or performance in respect of the asset or liability by any third
party to the benefit of the scheme owner is deemed to be also to the benefit of
the local authority.
Section 517ZA: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
517ZB Rates and charges payable for proportionate part of year in certain
circumstances
(1) Where in any year a land drainage scheme or water race scheme is transferred
under this Part before a local authority prescribes any charge or sets any rate
for that year in respect of the scheme, any expenditure incurred by the local
authority in respect of the scheme for the period beginning on 1 July in that
year and ending with the transfer date of the scheme is recoverable by the local
authority upon the transfer of the scheme, as a debt owing to the local authority
by the scheme owner.
(2) If in any year a land drainage scheme or water race scheme is transferred under
this Part, after any charge or rate in respect of the scheme has been prescribed
or set for that year, the local authority may assess and collect the charge or rate,
but the proportion of the charge or rate that was assessed for the purpose of the
scheme and that was not expended by the local authority before the transfer of
the scheme must be paid by the local authority to the scheme owner upon the
transfer of the scheme.
Section 517ZB: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
Section 517ZB(1): amended, on 1 July 2003, by section 137(1) of the Local Government (Rating)
Act 2002 (2002 No 6).
Section 517ZB(2): replaced, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act
2002 (2002 No 6).
517ZC Rights of entry

(1) Subject to subsections (2) to (6), any scheme owner may enter upon land
(including land owned by the Crown) for the purpose of gaining access to any
land drainage scheme or water race scheme owned by the scheme owner and
may perform any act or operation necessary for the purpose of operating,
inspecting, maintaining, or repairing any such scheme.
(2) Subject to subsection (3), the power to enter upon land given by subsection (1)
is subject to the following conditions:
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(a) entry to the land may only be made by the scheme owner or any other
person authorised by the scheme owner in writing, either specifically or
as a member of a class so authorised by the scheme owner:
(b) reasonable notice of the intention to enter must be given:
(c) entry may be made only at reasonable times:
(d) the person entering must carry evidence of his or her authority and must
produce such evidence on initial entry or if required to do so.
(3) Nothing in subsection (2) applies where the entry is necessary in circumstances
of probable danger to life or property.
(4) In any situation to which subsection (3) applies, notice of the entry must be
given as soon as is practicable, whether before or after the entry is made.
(5) A person who enters upon any land in the exercise of the power given by sub‐
section (1) must take all reasonable steps—
(a) to avoid or minimise the disturbance of any stock or poultry on the land;
and
(b) to avoid or minimise any damage to or destruction of any fences, build‐
ings, trees, or other property of any kind, other than property belonging
to the scheme owner.
(6) The scheme owner is liable to repair, or pay compensation for, any damage or
loss suffered by any person as a result of any exercise of the power of entry
given by subsection (1).
Compare: 1987 No 116 s 12(1), (3); 1988 No 164 s 14(1)
Section 517ZC: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
517ZD Registration of rights

(1) As soon as is reasonably practicable after the transfer of a land drainage
scheme or water race scheme under this Part, the principal administrative offi‐
cer of the local authority must furnish to the scheme owner a certificate that the
rights of entry upon land referred to in section 517ZC(1) apply to land speci‐
fied in the certificate.
(2) The scheme owner must, upon receipt of the certificate, lodge it with the
Registrar-General of Land, together with such plans, if any, as the Registrar-
General of Land requires.
(3) The Registrar-General of Land upon receipt of the certificate referred to in sub‐
section (1) must,—
(a) if the land affected or any part of it is not subject to the Land Transfer
Act 2017, cause an entry of the particulars of the certificate to be made
under the proper heading or title in the index book of the Deeds Register
Office; or
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(b) if the land affected or any part of it is subject to the Land Transfer Act
2017, register the particulars of the certificate against the title to the land
or part so subject.
(4) If the land affected by the certificate to which this section applies or any part of
it is not subject to the Land Transfer Act 2017, and dealings with the land or
part not so subject are not registrable under the Deeds Registration Act 1908,
the person in whose favour the right exists must lodge a true copy of the certifi‐
cate and memorandum in the office of the Chief Surveyor; and the Chief Sur‐
veyor must note the existence of the certificate on plans and records of the land
district.
(5) No action lies against the Crown or any other person under subpart 3 of Part 2
of the Land Transfer Act 2017 by reason of any certificate registered under this
section not indicating the true position or course of those parts of the land
drainage scheme or water race scheme to which the right relates.
(6) Notwithstanding any enactment or rule of law to the contrary, any certificate
registered under this section is deemed to be binding on any registered owner
of an estate in fee simple or leasehold of, or on any registered licensee of, and
on every person with a prior or subsequent interest registered against, the land
or any interest in the land affected by the certificate.
(7) Without limiting the provisions of this section, any right referred to in any cer‐
tificate registered by the Registrar-General of Land under this section may be
transferred, by a transfer instrument to be registered under the Land Transfer
Act 2017, to any person or group of persons to whom any land drainage
scheme or water race scheme has been transferred.
(8) On and after the commencement of this section, nothing in—
(a) Part 5 of the Public Works Act 1981; or
(b) section 708 of this Act; or
(c) section 29 of the Land Drainage Act 1908; or
(d) section 10 of the Rangitaiki Land Drainage Act 1956,—
applies to, or in respect of, any right to which subsection (1) applies.
(9) Nothing in this section prejudices or affects any claim for compensation made
before the commencement of this section under any of the Acts specified in
subsection (8).
Compare: 1990 No 52 s 4(6)(c), (7), (10)–(13)
Section 517ZD: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
Section 517ZD(2): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 517ZD(3)(a): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 517ZD(3)(b): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
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Section 517ZD(4): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
(2017 No 30).
(2017 No 30).
(2017 No 30).
517ZE Transfer of existing easements, etc

(1) Where a land drainage scheme or water race scheme is transferred by a local
authority under this Part, the benefit of any existing easement, agreement, or
right over or in respect of land relating to land drainage works, drainage chan‐
nels, water races, or other facilities, for the purposes of the scheme, is deemed
to be transferred to the person or group of persons to whom the scheme is
transferred, notwithstanding that the easement, agreement, or right may not
have been registered.
(2) In respect of any land to which subsection (1) applies, the local authority must,
at the request of the scheme owner, by notice registered in accordance with this
section against the title of the land, indicate the existence of the relevant ease‐
ment, agreement, or right and the fact that it has been transferred to the scheme
owner pursuant to subsection (1).
(3) Every such notice must—
(a) be signed by the local authority; and
(b) specify the parcel of land affected; and
(c) have endorsed on the notice, or refer to, a diagram or plan showing the
position or course of the land drainage works, drainage channels, water
race, or other facility to which the easement, agreement, or right relates;
and
(d) be lodged by the local authority with the Registrar-General of Land, who
must register it against the title to that land.
(4) Notwithstanding anything in subsection (3)(c), where it is not practicable to
show on the diagram or plan the true position or course of the land drainage
works, drainage channels, water race, or other facilities to which the easement,
agreement, or right relates, the notice registered in accordance with this section
must indicate the position or course as nearly as possible, and, until the con‐
trary is proved, the position or course so indicated is deemed to be the true pos‐
ition or course.
(5) Where any such notice has endorsed on it or refers to a diagram or plan to
which subsection (4) applies and it is subsequently shown by a plan deposited
by the Registrar-General of Land that the true position or course of the land
drainage works, drainage channels, water race, or other facility differs from the
position or course shown on the first-mentioned diagram or plan, the Registrar-
288
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1 July 2022 Local Government Act 1974 Part 29A s 517ZF
General of Land must endorse on the notice and on any other appropriate titles,
plans, or records a reference to the deposited plan; and the notice is thereupon
deemed to have referred to the deposited plan from the date on which it was
signed.
(6) No action lies against the Crown under subpart 3 of Part 2 of the Land Transfer
Act 2017 by reason of any notice registered under this section not indicating
the true position or course of any land drainage works, drainage channel, or
water race.
(7) Notwithstanding any enactment or rule of law to the contrary, any notice regis‐
tered under this section is deemed to be binding on any registered owner of an
estate in fee simple or leasehold of, or on any registered licensee of, and on
every person with a prior or subsequent interest registered against, the land or
any interest in the land affected by the notice.
(8) Any easement, agreement, or right referred to in any notice registered under
this section may be transferred, by a transfer instrument registered under the
Land Transfer Act 2017, to any person or group of persons to whom any land
drainage scheme or water race scheme is subsequently sold or otherwise dis‐
posed of.
Section 517ZE: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
Section 517ZE(3)(d): replaced, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
Section 517ZE(6): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
(2017 No 30).
(2017 No 30).
517ZF Transfer of water permits

(1) Where a land drainage scheme or water race scheme is transferred by a local
authority under this Part, any existing permit held by the local authority to dam
any river or stream or to divert, take, use, or discharge water for the purposes
of the scheme is deemed to be transferred to the person to whom, or the group
of persons to which, the scheme is transferred.
(2) Every permit so transferred continues to be subject to the same terms and con‐
ditions as those to which it was subject immediately before the date of transfer.
(3) Every permit to which this section applies is subject to the provisions of any
other enactment relating to it.
Compare: 1990 No 52 s 7; 1991 No 69 s 362
Section 517ZF: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
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Part 29A s 517ZG Local Government Act 1974 1 July 2022
517ZG Transfer of land

(1) Nothing in sections 40 to 42 of the Public Works Act 1981 applies to the trans‐
fer by the local authority of any land or interest in land under this Part so long
as the land or interest in land continues to be used for the purposes of a land
drainage scheme or water race scheme, but, if all or any part of the land or
interest in land is no longer required for such purposes, sections 40 and 41 of
that Act apply to the land or interest no longer so required as if the owner of
the land or interest were the local authority and the land or interest had not
been transferred under this Part.
(2) The Registrar-General of Land must endorse on every record of title transferred
to any person or group of persons under this Part, the effect of subsection (1).
Compare: 1990 No 52 ss 9(4), 10(2)
Section 517ZG: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
Section 517ZG(2): amended, on 12 November 2018, by section 250 of the Land Transfer Act 2017
(2017 No 30).
517ZH Section 11 and Part 10 of Resource Management Act 1991 and Part 21 of
this Act not to apply
Section 11 and Part 10 of the Resource Management Act 1991 and Part 21 of
this Act do not apply to or in respect of the transfer of any land or interest in
land under this Part nor to any subdivision required in respect of any such
transfer.
Compare: 1990 No 52 s 12; 1991 No 69 s 362
Section 517ZH: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
517ZI Activity permitted as of right

For the purposes of section 375(1)(a)(iii) of the Resource Management Act
1991 and for the avoidance of doubt, where any land drainage scheme or water
race scheme is transferred under this Part, any use for drainage purposes or
water race purposes of the land upon which the land drainage scheme or water
race scheme is situated is deemed to be a permitted activity within the meaning
of that Act, and section 375 of that Act applies accordingly.
Compare: 1990 No 52 s 13; 1991 No 69 s 362
Section 517ZI: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
517ZJ Revocation of resolutions constituting drainage areas and water race

areas
(1) On the transfer of any land drainage scheme or water race scheme under this
Part,—
(a) that part of every resolution in force in relation to that scheme and made
under section 423 or section 504 or section 505, or the corresponding
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1 July 2022 Local Government Act 1974 Part 29A s 517ZL
provision of any former enactment relating to land drainage or water

races, is deemed to be revoked; and
(b) that part of every drainage district (being a drainage district that is
deemed to be a drainage area constituted under Part 29) that relates to
the scheme is deemed to be excluded from that drainage area; and
(c) that part of every water race district (being a water race district that is
deemed to be a water race area constituted under Part 25) that relates to
that scheme is deemed to be excluded from that water race area; and
(d) that part of every irrigation district (being an irrigation district that is
deemed to be a water race area constituted under Part 25) that relates to
that scheme is deemed to be excluded from that water race area.
(2) A local authority must alter the boundaries of any drainage area or water race
area to such extent as is necessary to reflect any revocation effected, or exclu‐
sion deemed to have been effected, by subsection (1).
Section 517ZJ: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
Section 517ZJ heading: amended, on 7 July 2004, by section 18(1) of the Local Government Act
1974 Amendment Act 2004 (2004 No 64).
Section 517ZJ(1)(a): amended, on 7 July 2004, by section 18(2) of the Local Government Act 1974
Section 517ZJ(2): amended, on 7 July 2004, by section 18(3) of the Local Government Act 1974
517ZK Power of local authority to enter into contracts with scheme owners
Subject to Part 16A, a local authority may enter into a contract with the scheme
owner of any land drainage scheme or water race scheme to undertake all or
any of the following, namely, the planning, implementation, operation, and
maintenance of that land drainage scheme or water race scheme.
Section 517ZK: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
517ZL Power to repair or maintain land drainage schemes and water races
If a land drainage scheme or water race scheme is not repaired or maintained in
a due state of efficiency, the owners or occupiers for the time being of the land
through, on, or between which the land drainage scheme or water race scheme
is situated may, after giving 7 clear days notice to the scheme owner of their
intention to do so, repair or otherwise maintain the same in a due state of effi‐
ciency, and recover in a summary manner from the scheme owner a fair and
equitable proportion of the expenses incurred by them in so doing.
Section 517ZL: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
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Part 29A s 517ZM Local Government Act 1974 1 July 2022
517ZM Power of territorial authority to reconstitute land drainage or water

race areas
(1) A territorial authority may, upon receipt of a petition signed by the occupiers of
a majority of the separately rateable properties served by a land drainage
scheme or water race scheme, and with the agreement of the scheme owner,
declare the whole or any defined part of the district in which the land drainage
scheme or water race scheme is situated to be constituted—
(a) a drainage area for the purpose of land drainage works for the drainage
of land in the area; or
(b) a water race area for the purpose of the construction and maintenance
therein of water races and the supply of water therefrom.
(2) Part 29 applies to any drainage area constituted under subsection (1).
(3) Part 25 applies to any water race area constituted under subsection (1).
(4) Upon a drainage area or water race area being constituted under subsection
(1),—
(a) the drainage channels and land drainage works relating to the land drain‐
age scheme vest in the territorial authority; and
(b) the water races relating to the water race scheme vest in the territorial
authority.
Section 517ZM: inserted, on 15 October 1999, by section 11 of the Local Government Amendment
Act (No 5) 1999 (1999 No 125).
Section 517ZM(1): amended, on 7 July 2004, by section 19 of the Local Government Act 1974
Part 30
Supply of energy
[Repealed]
Part 30: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992
No 56).
518 Interpretation
[Repealed]
Section 518: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992
No 56).
292
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Supply of energy by territorial authorities

[Repealed]
Heading: repealed, on 7 October 1994, by section 89(2) of the Energy Companies Act 1992 (1992
No 56).
519 Territorial authority may light roads, etc, with energy

[Repealed]
No 56).
520 Supply of energy

[Repealed]
No 56).
521 Gas reticulation

[Repealed]
Section 521: repealed, on 1 February 1983, by section 71(2) of the Gas Act 1982 (1982 No 27).
522 Powers in respect of supply of energy

[Repealed]
Section 522: repealed, on 1 April 1993, by section 173(2) of the Electricity Act 1992 (1992 No 122).
523 Territorial authority may contract with other persons for lighting of roads
and for supply of energy
[Repealed]
No 56).
524 Territorial authority may install, purchase, or sell fittings and equipment
[Repealed]
No 56).
525 Supply of energy to persons outside the district

[Repealed]
No 56).
526 Works for supply of energy to vest in territorial authority

[Repealed]
No 56).
293
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527 Consumer to supply fittings

[Repealed]
No 56).
528 Offences with respect to meters

[Repealed]
No 56).
529 Territorial authority to fix price of energy

[Repealed]
No 56).
530 Territorial authority may cut off supply of energy

[Repealed]
No 56).
531 Recovery of energy charges

[Repealed]
No 56).
532 Electricity or gas company may sell works to territorial authority

[Repealed]
No 56).
533 Grants and advances to owners and occupiers for energy related purposes
[Repealed]
No 56).
534 When advance not to be a charge on land

[Repealed]
No 56).
535 Savings of agreements

[Repealed]
No 56).
294
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Supply of energy by regional councils or united councils

[Repealed]
No 56).
536 Regional council or united council may undertake regional energy supply
[Repealed]
(1992 No 42).
536A Regional energy planning committee

[Repealed]
Section 536A: repealed, on 1 July 1992, by section 49 of the Local Government Amendment Act
1992 (1992 No 42).
Agreements for supply of energy

[Repealed]
No 56).
536B Territorial authority, regional council, or united council may enter into
arrangements with other bodies for the supply of energy
[Repealed]
Section 536B: repealed, on 14 August 1986, by section 8(2)(c) of the Local Government Amendment
Act (No 3) 1986 (1986 No 50).
Part 31
Waste management
[Repealed]
Part 31: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008 (2008
No 89).
537 Interpretation
[Repealed]
Section 537: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008
(2008 No 89).
538 Duty of territorial authority to encourage efficient waste management

[Repealed]
(2008 No 89).
295
Version as at
539 Waste management plan

[Repealed]
(2008 No 89).
540 Powers in respect of waste management

[Repealed]
(2008 No 89).
540A Collection and disposal of waste

[Repealed]
Section 540A: repealed, on 26 September 2008, by section 61 of the Waste Minimisation Act 2008
(2008 No 89).
541 Waste management operations and facilities

[Repealed]
(2008 No 89).
542 Bylaws
[Repealed]
(2008 No 89).
543 Grants
[Repealed]
(2008 No 89).
544 Allocation of costs

[Repealed]
(2008 No 89).
Regional refuse collection and disposal

[Repealed]
Heading: repealed, on 1 July 1992, by section 50 of the Local Government Amendment Act 1992
(1992 No 42).
545 Meaning of council

[Repealed]
(1992 No 42).
296
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546 Council may operate refuse collection and disposal services

[Repealed]
(1992 No 42).
547 Powers of council in respect of refuse collection and disposal service

[Repealed]
(1992 No 42).
548 Use of regional refuse disposal works by local authorities outside region
[Repealed]
(1992 No 42).
Part 32
Land development for housing, commercial, and industrial purposes
[Repealed]
No 84).
549 Interpretation
[Repealed]
No 84).
549A United council and regional council may only act under this Part in
response to developments for which it may determine development levy
[Repealed]
Section 549A: repealed, on 1 July 1992, by section 52(1) of the Local Government Amendment Act
1992 (1992 No 42).
Development of land for housing

[Repealed]
550 Council may acquire land for housing

[Repealed]
No 84).
297
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551 Council may subdivide land

[Repealed]
No 84).
552 Council may erect or purchase or convert houses

[Repealed]
No 84).
553 Erection of flats and sale of flats

[Repealed]
No 84).
554 Council may sell or lease houses and building sections

[Repealed]
No 84).
555 Provisions as to leases

[Repealed]
No 84).
556 Leasehold-purchase schemes

[Repealed]
No 84).
557 Leases to employees of council may be by private contract

[Repealed]
No 84).
558 Repayment of advances and purchase money

[Repealed]
No 84).
559 Council may decline to sell or lease without giving reasons

[Repealed]
Section 559: repealed, on 30 March 1985, by section 33 of the Local Government Amendment Act
1985 (1985 No 60).
298
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560 Sale or lease of land for housing

[Repealed]
No 84).
561 Council may sell or lease surplus land

[Repealed]
No 84).
562 Accounting of proceeds of sale or lease of building allotments

[Repealed]
(No 3) 1996 (1996 No 83).
Advances to financial institutions and guarantees of housing loans

[Repealed]
563 Advances by council towards loans for housing purposes

[Repealed]
No 84).
564 Guarantees by council of portions of mortgages granted for housing

purposes
[Repealed]
No 84).
565 Power of council to guarantee loans for erection of flats

[Repealed]
No 84).
566 Council may guarantee certain replacement mortgages

[Repealed]
No 84).
567 Provisions affecting mortgages

[Repealed]
No 84).
299
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568 Mortgages securing premium instead of interest

[Repealed]
No 84).
569 Mortgages of leases

[Repealed]
No 84).
570 Extending lending powers of financial institutions

[Repealed]
No 84).
571 Insurance fund

[Repealed]
No 84).
Commercial and industrial development

[Repealed]
572 Development, sale, or lease of land and buildings for commercial or

industrial purposes
[Repealed]
No 84).
[Repealed]
573 Validity of documents and resolutions

[Repealed]
No 84).
574 Borrowing powers of council

[Repealed]
No 84).
300
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575 Registration of agreements for sale

[Repealed]
No 84).
Part 33
Farming and afforestation
[Repealed]
Farming
[Repealed]
575A Interpretation
[Repealed]
No 84).
575B Regional councils

[Repealed]
No 84).
576 Power to undertake farming operations

[Repealed]
No 84).
Forestry
[Repealed]
577 Power to establish, tend, and utilise forests

[Repealed]
No 84).
578 Management plans

[Repealed]
No 84).
301
Version as at
579 Licences to take forest produce

[Repealed]
No 84).
580 Permits for temporary occupation

[Repealed]
No 84).
581 Licences for grazing and other purposes

[Repealed]
No 84).
582 Improvements effected by licensee

[Repealed]
No 84).
583 Forfeiture of licences and permits

[Repealed]
No 84).
584 Grants for research

[Repealed]
No 84).
585 Grants for destruction of pests or weeds

[Repealed]
No 84).
586 Forest bylaws

[Repealed]
No 84).
302
Version as at
Part 34
Public services
(1979 No 59).
Conveyance of passengers and goods

[Repealed]
586A Interpretation
[Repealed]
No 84).
587 Territorial authority may establish services for conveyance of passengers

and goods
[Repealed]
No 84).
588 Territorial authority may establish ferry services

[Repealed]
No 84).
589 Person carrying on transport or ferry service may sell undertaking to

[Repealed]
No 84).
Vehicle-testing stations
[Repealed]
590 Vehicle-testing stations

[Repealed]
No 84).
303
Version as at
Parking places and buildings and transport stations

(1979 No 59).
591 Provision of parking places and buildings and transport stations

(1) The council may provide parking places and buildings and transport stations,
and for that purpose may—
(a) take, purchase, or otherwise acquire any land or buildings or erect any
buildings in or near to the district:
(b) utilise any land or buildings that may lawfully be appropriated for the
purpose:
(c) take all such steps as the council thinks necessary to adapt for use as a
parking place or building or transport station any land or building that it
may acquire or utilise under this section:
(d) authorise the use as a parking place or transport station of any part of a
road:
(e) appoint any place or any road or any specified part of any place or road
as a transport station for the exclusive use of vehicles engaged in any
passenger service or goods service or any other transport service.
(2) The council shall not authorise the use of any part of a road as a parking place
or transport station so as unreasonably to prevent access to any premises
adjoining the road, or the use of the road by any person entitled to the use
thereof, or so as to be a nuisance.
(3) The exercise by the council of its power under this section with respect to the
use of any part of a road shall not render it subject to any liability in respect of
loss of or damage to any vehicle or the fittings or contents of any vehicle.
(4) Except as provided in bylaws made pursuant to section 591A or as provided in
subsection (2) of that section, no part of a road may be appointed as a parking
place available only to a specified person or to a specified class of persons or to
vehicles owned or operated by a specified person or by specified classes of per‐
sons.
(5) The council may, in the exercise of its power of leasing and letting under Part
14, let or lease to any person for use as a parking place or transport station any
parking place or transport station provided by it (not being part of a road).
(6) In this section—
parking place means a place (including a building) where vehicles, or any
class of vehicles, may wait
transport station means a place where transport-service vehicles, or any class
of transport-service vehicles, may wait between trips,—
and each of those expressions includes all necessary approaches and means of
entrance to and egress from any such place, and all such buildings, ticket offi‐
304
Version as at
ces, waiting rooms, cloak rooms, structures, appliances, and other facilities as
the council considers to be necessary or desirable for the efficient use of that
place for the purpose for which it is provided and the collection of charges in
relation to that use.
Compare: 1954 No 76 s 177(1)–(4), (8), (9); 1956 No 64 s 199(1)–(4), (8), (9)
(1979 No 59).
Section 591(1) proviso: repealed, on 1 July 1992, by section 56 of the Local Government Amend‐
ment Act 1992 (1992 No 42).
591A Bylaws as to parking places and transport stations

[Repealed]
Section 591A: repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and
Other Matters) Amendment Act 2011 (2011 No 13).
592 Territorial authority may guarantee loans for parking buildings or

parking spaces
[Repealed]
No 84).
Information centres and public relations offices

[Repealed]
593 Council may operate information centres and public relations offices
[Repealed]
No 84).
Public relations and public information

[Repealed]
593A Power of regional council to engage in public relations and public

information activities
[Repealed]
No 84).
305
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Part 34 s 593B Local Government Act 1974 1 July 2022
Promotion of tourism
[Repealed]
593B Tourism
[Repealed]
No 84).
Camping ground accommodation

[Repealed]
594 Council may operate camping grounds, cabins, huts, and motels
[Repealed]
No 84).
Part 34A
Local authority trading enterprises and divestment of undertakings
[Repealed]
Part 34A: repealed, on 1 July 2003, pursuant to section 266 of the Local Government Act 2002 (2002
No 84).
594A Commencement
[Repealed]
No 84).
594B Definition of local authority trading enterprise

[Repealed]
No 84).
594C Transfer of existing undertaking to local authority trading enterprise

where local authorities have majority interest
[Repealed]
No 84).
306
Version as at
1 July 2022 Local Government Act 1974 Part 34A s 594K
594D Transfer of existing undertaking to local authority trading enterprise or

other entity in which local authority will not have majority interest
[Repealed]
No 84).
594E Prohibition on transfer of regulatory functions

[Repealed]
No 84).
594F Reduction of interest in local authority trading enterprise

[Repealed]
No 84).
594G Listing on Stock Exchange only after special consultative procedures

followed
[Repealed]
No 84).
594H Ability to hold equity securities in local authority trading enterprises

[Repealed]
No 84).
Establishment procedures
[Repealed]
594I Establishment units

[Repealed]
No 84).
594J Function of establishment units

[Repealed]
No 84).
594K Establishment plan

[Repealed]
No 84).
307
Version as at
Part 34A s 594L Local Government Act 1974 1 July 2022
594L Application of Local Government Official Information and Meetings Act

1987
[Repealed]
No 84).
594M Establishment unit where more than 1 local authority involved

[Repealed]
No 84).
594N Power of establishment unit in relation to divestment plan

[Repealed]
No 84).
594O Power of local authority in relation to divestment of undertakings

[Repealed]
No 84).
594P Effect of establishment unit determinations and recommendations

[Repealed]
No 84).
Principal objective of local authority trading enterprise

[Repealed]
594Q Principal objective to be successful business

[Repealed]
No 84).
594QA Scope of operation of local authority trading enterprises that are

passenger transport companies or that may receive payments for land
transport related projects
[Repealed]
Section 594QA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
308
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1 July 2022 Local Government Act 1974 Part 34A s 594Y
594R Directors and their role

[Repealed]
No 84).
Statement of corporate intent

[Repealed]
594S Statement of corporate intent

[Repealed]
No 84).
594T Contents of statement of corporate intent

[Repealed]
No 84).
594U Completion of statement of corporate intent

[Repealed]
No 84).
594V Modifications of statement of corporate intent

[Repealed]
No 84).
594W Obligation to make statement of corporate intent available

[Repealed]
No 84).
594X Circumstances in which statement of corporate intent not required

[Repealed]
No 84).
594Y Savings of certain transactions

[Repealed]
No 84).
309
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Part 34A s 594Z Local Government Act 1974 1 July 2022
594Z Reports and accounts

[Repealed]
No 84).
594ZA Protection from disclosure of sensitive information

[Repealed]
No 84).
594ZB Public availability of documents

[Repealed]
No 84).
594ZC Auditor-General to be auditor of local authority trading enterprises and

subsidiaries
[Repealed]
No 84).
594ZD Application of Act to related and associated companies

[Repealed]
No 84).
Transfers of undertakings
[Repealed]
594ZE Transfer of leases, licences, etc, to local authority trading enterprises

[Repealed]
No 84).
594ZF Modification of provisions of Public Works Act 1981

[Repealed]
No 84).
594ZG Obligation to lodge caveat

[Repealed]
No 84).
310
Version as at
1 July 2022 Local Government Act 1974 Part 34A s 594ZO
594ZH Exclusion of Public Bodies Leases Act 1969

[Repealed]
No 84).
594ZI Liabilities in respect of undertakings

[Repealed]
No 84).
594ZJ Certain matters not affected by transfer of undertaking to local authority

trading enterprise
[Repealed]
No 84).
594ZK Consequential provisions on transfer of undertaking to local authority

trading enterprise
[Repealed]
No 84).
594ZL Stamp duty exemption

[Repealed]
Section 594ZL: repealed, on 20 May 1999, by section 7 of the Stamp Duty Abolition Act 1999 (1999
No 61).
594ZM Application of Income Tax Act 1994 and Goods and Services Tax Act
1985
[Repealed]
No 84).
594ZN Uses deemed to be permitted uses

[Repealed]
Section 594ZN: repealed, on 7 July 1993, by section 362 of the Resource Management Act 1991
(1991 No 69).
594ZO Exclusion
[Repealed]
No 84).
311
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Part 34A s 594ZP Local Government Act 1974 1 July 2022
594ZP Prohibition on guarantees, etc

[Repealed]
No 84).
594ZPA Restriction on lending to local authority trading enterprise

[Repealed]
Section 594ZPA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Part 34B
Transport-related enterprises and divestment of undertakings
[Repealed]
Part 34B: repealed, on 13 November 2003, by section 90 of the Land Transport Management Act
2003 (2003 No 118).
594ZQ Interpretation
[Repealed]
Section 594ZQ: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZR Local authority not to conduct passenger transport operation

[Repealed]
Section 594ZR: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZS Directors of passenger transport companies, etc

[Repealed]
Section 594ZS: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZT Passenger transport companies incorporated before commencement of

this Part
[Repealed]
Section 594ZT: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZU Regional council not to have interest in passenger transport undertaking

or operation
[Repealed]
Section 594ZU: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
312
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1 July 2022 Local Government Act 1974 Part 34B s 594ZZB
594ZUA Unitary authority not to have interest in passenger transport

undertaking or operation after 30 June 1992
[Repealed]
Section 594ZUA: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZV Divestment units

[Repealed]
Section 594ZV: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZW Function of divestment units

[Repealed]
Section 594ZW: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZX Divestment plan

[Repealed]
Section 594ZX: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZY Sale to territorial authorities

[Repealed]
Section 594ZY: repealed, on 1 July 1992, by section 5 of the Local Government Amendment Act
(No 2) 1992 (1992 No 71).
594ZZ Application of Local Government Official Information and Meetings Act

1987
[Repealed]
Section 594ZZ: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZA Determination and approval of regional council divestment plan

[Repealed]
Section 594ZZA: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZB Passenger transport interests, undertakings, and operations to be sold

[Repealed]
Section 594ZZB: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
313
Version as at
Part 34B s 594ZZC Local Government Act 1974 1 July 2022
594ZZC Duty to act in furtherance of objects of this Part

[Repealed]
Section 594ZZC: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZD Regional council not to enter into contracts

[Repealed]
Section 594ZZD: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZE Public availability of documents

[Repealed]
Section 594ZZE: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZF Financial assistance from National Roads Account suspended

[Repealed]
Section 594ZZF: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZG Financial assistance to be identified

[Repealed]
Section 594ZZG: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZH Repayment of financial assistance

[Repealed]
Section 594ZZH: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZI Control of local authority powers in relation to passenger transport

operations
[Repealed]
Section 594ZZI: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZJ Supply of information

[Repealed]
Section 594ZZJ: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
594ZZK Uses deemed to be permitted uses

[Repealed]
Section 594ZZK: repealed, on 13 November 2003, by section 90 of the Land Transport Management
Act 2003 (2003 No 118).
314
Version as at
Part 35
Public health and well-being
[Repealed]
595 General powers of territorial authority with respect to public health and
well-being
[Repealed]
No 84).
596 Particular powers of territorial authority with respect to public health and
well-being
[Repealed]
No 84).
597 Medical practitioners’ surgeries

[Repealed]
No 84).
Part 36
Recreation and community development
(1979 No 59).
597A Interpretation
[Repealed]
No 84).
598 Council may promote community welfare

[Repealed]
No 84).
599 Council may maintain public baths, swimming baths, and bath houses
[Repealed]
No 84).
315
Version as at
600 Public baths, swimming baths, and bath houses to be subject to bylaws
[Repealed]
No 84).
601 Powers of council in relation to recreation and community development

[Repealed]
No 84).
601A Powers of council in relation to historic land or buildings

[Repealed]
No 84).
602 Information services

[Repealed]
No 84).
603 Entertainments on Sunday, Good Friday, or Christmas Day

[Repealed]
No 84).
Community centres
[Repealed]
604 Interpretation
[Repealed]
No 84).
605 Council may provide or contribute towards establishment and

maintenance of community centres
[Repealed]
No 84).
606 Community centre areas

[Repealed]
No 84).
316
Version as at
607 Joint community centre area

[Repealed]
No 84).
608 Control and management of community centre

[Repealed]
No 84).
609 Finance
[Repealed]
No 84).
610 Electors may petition for and participate in poll relating to uniform fee for
community centre
[Repealed]
No 84).
611 Charge on certain rateable property

[Repealed]
No 84).
612 Fee or charge in respect of dwelling units owned by Crown

[Repealed]
No 84).
613 Bylaws
[Repealed]
No 84).
614 Community centre area a defined part of district

[Repealed]
(No 3) 1996 (1996 No 83).
615 Powers conferred by other Acts not affected

[Repealed]
No 84).
317
Version as at
Boat havens
[Repealed]
No 84).
616 Construction or maintenance of boat haven

[Repealed]
No 84).
Local and regional reserves

[Repealed]
No 84).
617 Council may borrow for improvement of public reserves managed and
controlled by it
[Repealed]
(No 3) 1996 (1996 No 83).
618 Surplus money appropriated for any reserve may be expended on other
reserves
[Repealed]
No 84).
619 Powers of Wellington Regional Council in relation to regional parks and

reserves
[Repealed]
No 84).
619A Auckland catchment land

[Repealed]
No 84).
619B Auckland regional parks and reserves

[Repealed]
No 84).
318
Version as at
619C Wellington regional parks

[Repealed]
No 84).
619D Management plans for regional parks

[Repealed]
No 84).
619E Contents of management plans

[Repealed]
No 84).
619F Public notice of preparation of first management plan

[Repealed]
No 84).
619G Public notice of draft management plan

[Repealed]
No 84).
619H Obligation to consider submissions and make amendments

[Repealed]
No 84).
619I Review and change of management plans

[Repealed]
No 84).
Tree planting, gardens, and lawns

[Repealed]
620 Council may expend money for tree planting

[Repealed]
No 84).
319
Version as at
621 Gardens and lawns

[Repealed]
No 84).
Part 37
Buildings
[Repealed]
Part 37: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
622 Council defined

[Repealed]
Section 622: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Dangerous, deserted and dilapidated buildings

[Repealed]
Heading: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
623 Powers of council with respect to dangerous, deserted, ruinous, and

dilapidated buildings
[Repealed]
624 Powers of council with respect to buildings likely to be dangerous in

moderate earthquake
[Repealed]
625 Appeal to High Court

[Repealed]
626 Cost incurred to be a charge on land

[Repealed]
320
Version as at
Buildings for public meetings

[Repealed]
627 Interpretation
[Repealed]
628 Buildings for public meetings, etc, to be licensed and inspected

[Repealed]
629 Register of licensed buildings

[Repealed]
630 Inspection of licensed buildings

[Repealed]
631 Passages in and exits from licensed public buildings to be kept clear
[Repealed]
632 Regulations for protection of public from danger from fire or other
emergency in theatres, etc
[Repealed]
633 Cancellation or suspension of licence

[Repealed]
634 Penalty for using unlicensed building

[Repealed]
635 Further provisions with respect to licensing of buildings for public

meetings, etc
[Repealed]
321
Version as at
Apartment buildings and residential institutions

[Repealed]
636 Apartment buildings and residential institutions to be licensed

[Repealed]
636A Inspection of residential institution where disabled person resides

[Repealed]
Section 636A: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
Fire prevention and safety in factories

[Repealed]
636B Interpretation
[Repealed]
Section 636B: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636C Application to the Crown

[Repealed]
Section 636C: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636D Factories to have fire safety certificates

[Repealed]
Section 636D: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636E Changes to factory premises, staffing, or activities after fire safety

certificate issued
[Repealed]
Section 636E: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636F Occupier of factory to maintain means of escape and fire alarm system
[Repealed]
Section 636F: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636G Provision of fire-fighting equipment

[Repealed]
Section 636G: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
322
Version as at
1 July 2022 Local Government Act 1974 Part 37 s 636P
636H Powers of entry and inspection to ensure compliance with fire bylaws and
requirements
[Repealed]
Section 636H: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636I Objections against notices or requirements

[Repealed]
Section 636I: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636J Appeals against notices or requirements

[Repealed]
Section 636J: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636K Notices served by council to be suspended pending determination of

appeal
[Repealed]
Section 636K: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636L Offences
[Repealed]
Section 636L: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636M Penalties
[Repealed]
Section 636M: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636N Power to order contravention to be remedied

[Repealed]
Section 636N: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636O Procedure relating to offences

[Repealed]
Section 636O: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
636P Fire safety certificates issued under Factories Act 1946 to continue in force
[Repealed]
Section 636P: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
323
Version as at
Preventing overcrowding
[Repealed]
637 Overcrowding of buildings

[Repealed]
638 Illegal occupation of building

[Repealed]
639 Removal of building illegally erected, etc

[Repealed]
[Repealed]
640 Design and construction of buildings to resist earthquake shocks

[Repealed]
641 Refusal of building permit

[Repealed]
641A Power to issue building permit where land subject to erosion, subsidence,
slippage, or inundation
[Repealed]
Section 641A: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
641B Giving of security

[Repealed]
Section 641B: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
641C Objections and appeals

[Repealed]
Section 641C: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
324
Version as at
1 July 2022 Local Government Act 1974 Part 38 s 644D
641D Notification to the Crown

[Repealed]
Section 641D: repealed, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).
642 Temporary buildings

[Repealed]
643 Permit for erection of building on 2 or more allotments

[Repealed]
644 Thermal insulation of new residential buildings

[Repealed]
Part 38
Urban renewal
[Repealed]
644A Interpretation
[Repealed]
No 84).
644B Council may undertake urban renewal

[Repealed]
No 84).
644C Notice of urban renewal to be given

[Repealed]
No 84).
644D Provisions as to subdivisions and development to be complied with

[Repealed]
No 84).
325
Version as at
Part 38 s 644E Local Government Act 1974 1 July 2022
644E Advances by council to owners

[Repealed]
No 84).
644F Acquisition of land by council where house unfit for habitation or area
below minimum
[Repealed]
No 84).
Part 39
Prevention of fires
(1979 No 59).
645 Council defined

[Repealed]
No 84).
646 Fire prevention

[Repealed]
No 84).
647 Fire hydrants

(1) In every part of the district in which there is a water supply provided under
section 130 of the Local Government Act 2002, the council shall fix fire
hydrants in the main pipes, other than trunk mains, of the waterworks at the
most convenient places for extinguishing any fire as the council determines
with the approval of Fire and Emergency New Zealand, and shall keep those
fire hydrants in effective working order.
(2) Where a water supply is provided in the district or in any part of the district by
any other local authority, the council may arrange with that local authority to
fix fire hydrants in the main pipes, other than trunk mains, situated in the dis‐
trict or in that part, as the case may be.
(3) Fire hydrants shall be fixed at such distances from each other as the council
decides with the approval of Fire and Emergency New Zealand.
(4) The council shall put near each fire hydrant a conspicuous notice or a mark of a
kind approved by Fire and Emergency New Zealand showing the situation of
the hydrant, and that notice may, if the council thinks fit, be put on any build‐
ing.
326
Version as at
(5) In this section the term trunk main means a main used for the purpose of con‐
veying water from a source of supply to a filter or reservoir, or from one filter
or reservoir to another filter or reservoir, or for the purpose of conveying water
in bulk from one part of the limits of supply to another part of those limits, or
for the purpose of giving or taking a supply of water in bulk.
(6) Where the council is dissatisfied with any decision of Fire and Emergency New
Zealand under this section, it may, within 1 month after receiving notice of the
decision, appeal against that decision to the District Court, whose decision
shall be final.
Compare: 1954 No 76 s 257; 1956 No 64 s 285; 1972 No 131 s 12; 1972 No 132 s 23
(1979 No 59).
Section 647(1): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand
Act 2017 (2017 No 17).
Section 647(1): amended, on 7 July 2004, by section 20 of the Local Government Act 1974 Amend‐
ment Act 2004 (2004 No 64).
Act 2017 (2017 No 17).
Act 2017 (2017 No 17).
Act 2017 (2017 No 17).
No 49).
648 Pipes to be kept charged with water

(1) Except in case of unusual drought, or of accident, or of shortage from any
cause of the water supply, or during necessary repairs, connections, or inspec‐
tions, or in a case of a state of emergency declared under the Civil Defence
Emergency Management Act 2002, the council must at all times keep charged
with water the pipes in which fire hydrants are fixed by the council under sec‐
tion 647.
(2) Subject to the overall requirements of any controller while a state of emergency
exists under the Civil Defence Emergency Management Act 2002, the council
must allow all persons to take and use water from any waterworks or water
race for extinguishing fire without any payment for the same.
Section 648: replaced, on 1 December 2002, by section 117 of the Civil Defence Emergency Man‐
agement Act 2002 (2002 No 33).
649 Council to make bylaws in respect of prevention of spread of fires

involving vegetation
[Repealed]
No 84).
327
Version as at
650 Removal of scrub, etc, likely to constitute a fire hazard

[Repealed]
No 84).
Part 39A
Navigation
[Repealed]
Part 39A: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment
Act 2013 (2013 No 84).
650A Councils may carry out harbour works

[Repealed]
Section 650A: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
650B Appointment of harbourmasters, enforcement officers, and honorary

officers
[Repealed]
Section 650B: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
650C General powers of harbourmasters and enforcement officers

[Repealed]
Section 650C: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
650D Harbourmaster may remove ships

[Repealed]
Section 650D: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
650E Harbourmasters and others may regulate some navigation activities

[Repealed]
Section 650E: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
650F Application of section 710 and other requirements

[Repealed]
Section 650F: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
328
Version as at
650G Offence
[Repealed]
Section 650G: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
650H Freedom of passage for officers of Customs, etc

[Repealed]
Section 650H: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
650I Crown harbours and facilities

[Repealed]
Section 650I: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
650J Delegation or transfer of council’s functions, duties, or powers under this

Part
[Repealed]
Section 650J: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
Wreck
[Repealed]
Heading: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment
Act 2013 (2013 No 84).
650K Removal of wreck

[Repealed]
Section 650K: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
Part 40
Miscellaneous powers
[Repealed]
No 84).
651 Council defined

[Repealed]
No 84).
329
Version as at
Markets and weighing machines

[Repealed]
652 Council may provide market places

[Repealed]
No 84).
653 Council may fix market charges

[Repealed]
No 84).
654 Recovery of market charges

[Repealed]
No 84).
655 Council may provide public weighing machines

[Repealed]
No 84).
Harbour works and navigation

[Repealed]
Heading: repealed, on 29 April 1999, by section 6(2) of the Local Government Amendment Act
(No 2) 1999 (1999 No 24).
656 Powers of council with respect to harbour works to be exercised subject to

Harbours Act 1950
[Repealed]
(No 2) 1999 (1999 No 24).
Telegraphs, telephones, and electric lines

[Repealed]
657 Telegraphs and telephones

[Repealed]
No 84).
330
Version as at
658 Underground telephone and electric lines

[Repealed]
No 84).
[Repealed]
659 Council may sell coal, coke, and firewood

[Repealed]
No 84).
660 Road metal and lime

[Repealed]
No 84).
661 Stock dips

[Repealed]
No 84).
662 Stock paddocks

[Repealed]
No 84).
663 Council may install, light, and maintain public clocks

[Repealed]
No 84).
664 Council may contribute towards cemeteries and crematoria not vested in
council
[Repealed]
No 84).
664A Regional councils may contribute to works of constituent authorities

[Repealed]
No 84).
331
Version as at
Part 41
Functions and powers of district community councils and
community councils
[Repealed]
(No 2) 1989 (1989 No 29).
665 Functions and powers of district community councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
666 Delegated functions and powers of community councils

[Repealed]
Act (No 2) 1989 (1989 No 29).
667 Community council to be a committee of territorial authority

[Repealed]
Act (No 2) 1989 (1989 No 29).
668 Powers of territorial authority as to improvement and development works

in communities
[Repealed]
Act (No 2) 1989 (1989 No 29).
669 Advances and grants for development works in communities

[Repealed]
Act (No 2) 1989 (1989 No 29).
Part 42
Private works
[Repealed]
No 84).
670 Order for execution of private works

[Repealed]
No 84).
332
Version as at
671 Duties of occupier

[Repealed]
No 84).
672 Occupier may act if owner of premises makes default

[Repealed]
No 84).
673 Council may agree with owner to execute drainage and other works on
private land
[Repealed]
No 84).
674 Advances by council to land owners to meet emergency expenditure

[Repealed]
No 84).
675 Grants and advances for conversion of domestic fires or installation of

electric domestic heating
[Repealed]
No 84).
675A Council may advance to owner of premises in clean air zone cost of
installing electric domestic heating
[Repealed]
Section 675A: repealed, on 14 August 1986, by section 13(1) of the Local Government Amendment
Act (No 3) 1986 (1986 No 50).
676 Council may execute works on default by owner or occupier

[Repealed]
No 84).
677 Recovery of cost of works by council

[Repealed]
No 84).
333
Version as at
678 Amounts payable in respect of private land

[Repealed]
No 84).
Part 43
Bylaws
[Repealed]
Part 43: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment
Act 2013 (2013 No 84).
679 This Part to be subject to Bylaws Act 1910

[Repealed]
No 84).
680 Application of Part 43

[Repealed]
No 84).
681 Procedure for making bylaws

[Repealed]
No 84).
682 General provisions as to bylaws

[Repealed]
No 84).
683 Penalty for breach of bylaws

[Repealed]
No 84).
684AA Certain provisions of Local Government Act 2002 to apply to bylaws

made under this Act
[Repealed]
Section 684AA: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport
334
Version as at
684 Subject matter of bylaws

[Repealed]
Section 684: repealed, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and
Other Matters) Amendment Act 2011 (2011 No 13).
684A Effect of Building Act 1991 on bylaws

[Repealed]
No 84).
Navigation bylaws
[Repealed]
Heading: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amendment
Act 2013 (2013 No 84).
684B Bylaws relating to navigation and related activities

[Repealed]
Section 684B: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
684C Navigation bylaws not to affect port operations

[Repealed]
Section 684C: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
684D No marine pollution charges

[Repealed]
Section 684D: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
684E General provisions relating to navigation bylaws

[Repealed]
Section 684E: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
684F Council must consult Director

[Repealed]
Section 684F: repealed, on 23 October 2013, by section 85(2)(a) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
685 Licences to hawkers and pedlars

[Repealed]
No 84).
335
Version as at
686 Bylaws as to billiard rooms, amusement galleries, and shooting galleries

[Repealed]
No 84).
687 Enforcement and administration of regional bylaws

[Repealed]
No 84).
688 Metric conversions of bylaws

[Repealed]
No 84).
689 Council to provide copies of bylaws

[Repealed]
No 84).
690 Power to join with other bodies to make bylaws

[Repealed]
No 84).
690A Prescription of fees by bylaw or by resolution

[Repealed]
No 84).
691 Regulations applying to outlying islands not included in district of

[Repealed]
No 84).
692 Removal of works executed contrary to bylaws

[Repealed]
No 84).
336
Version as at
1 July 2022 Local Government Act 1974 Part 43A s 692H
Part 43A
Commissioner for Disaster Recovery
[Repealed]
692A Interpretation
[Repealed]
No 84).
692B Commissioner for Disaster Recovery

[Repealed]
No 84).
692C Deputy Commissioner for Disaster Recovery

[Repealed]
No 84).
692D Functions of Commissioner

[Repealed]
No 84).
692E Commissioner to exercise and perform powers, functions, and duties of

local authority
[Repealed]
No 84).
692F Powers, functions, and duties of Deputy Commissioner

[Repealed]
No 84).
692G Commissioner and Deputy Commissioner not to be personally liable

[Repealed]
No 84).
692H Local authority and members not to act while Commissioner in office
[Repealed]
No 84).
337
Version as at
Part 43A s 692I Local Government Act 1974 1 July 2022
692I Appointment and function of advisory committee

[Repealed]
No 84).
692J Advances and guarantees of advances to Commissioner

[Repealed]
No 84).
692K Remuneration and expenses

[Repealed]
No 84).
Part 43B
Ministerial reviews of local authorities
[Repealed]
692L Interpretation
[Repealed]
No 84).
692M Power of Minister to initiate review

[Repealed]
No 84).
692N Requirement to consult

[Repealed]
No 84).
692O Decision in relation to reviews

[Repealed]
No 84).
692P Appointment of review authority

[Repealed]
No 84).
338
Version as at
1 July 2022 Local Government Act 1974 Part 43B s 692Y
692Q Notice of review to be published in Gazette

[Repealed]
No 84).
692R Remuneration
[Repealed]
No 84).
692S Procedure
[Repealed]
No 84).
692T Action on receipt of report

[Repealed]
No 84).
692U Implementation of recommendations

[Repealed]
No 84).
692V Minister may provide for implementation of recommendations

[Repealed]
No 84).
692W Implementation of recommendations for appointment of commission

[Repealed]
No 84).
692X Membership of commission

[Repealed]
No 84).
692Y Powers of commission

[Repealed]
No 84).
339
Version as at
Part 43B s 692Z Local Government Act 1974 1 July 2022
692Z General provisions relating to commission

[Repealed]
No 84).
692ZA Members not to act while commission in office

[Repealed]
No 84).
692ZB Publication of report

[Repealed]
No 84).
Part 43C
Removal orders
[Repealed]
Part 43C: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
Application for removal order

[Repealed]
692ZC Interpretation
[Repealed]
No 84).
692ZD Application for removal order

[Repealed]
No 84).
692ZE Evidence of convictions

[Repealed]
No 84).
692ZF Form of removal order

[Repealed]
No 84).
340
Version as at
1 July 2022 Local Government Act 1974 Part 43C s 692ZL
Objection to removal order

[Repealed]
692ZG Notice of objection

[Repealed]
No 84).
692ZH Vexatious objections

[Repealed]
No 84).
692ZI Court may confirm, vary, or discharge order

[Repealed]
No 84).
692ZJ Appeal to High Court final

[Repealed]
No 84).
Compliance with removal order

[Repealed]
692ZK Compliance with removal order

[Repealed]
No 84).
692ZL No civil proceedings against person executing removal order

[Repealed]
No 84).
341
Version as at
Part 43C s 692ZM Local Government Act 1974 1 July 2022
[Repealed]
692ZM Relationship with Fencing Act 1978

[Repealed]
No 84).
692ZN Rules of court

[Repealed]
No 84).
Part 44
Offences and legal proceedings
(1979 No 59).
Offences
(1979 No 59).
693 Obstruction of member or officer or agent of council

[Repealed]
No 84).
694 Wilful or negligent destruction of or damage to works or property

[Repealed]
No 84).
695 Recovery of amount of destruction, damage, etc, to works or property

[Repealed]
No 84).
695A Removal of fences, structures, and vegetation

[Repealed]
Section 695A: repealed, on 1 May 1998, by section 3(1) of the Local Government Amendment Act
(No 3) 1997 (1997 No 95).
342
Version as at
696 Coat of Arms

[Repealed]
No 84).
697 Default in compliance with Act, or direction given pursuant to Act

[Repealed]
No 84).
698 General penalty

(1) Every person who commits an offence against this Act for which no penalty is
provided elsewhere than in this section is liable on conviction to a fine not
exceeding $500 and, where the offence is a continuing one, to a further fine not
exceeding $50 for every day on which the offence has continued.
(2) Where any order is made under this Act by any court directing the execution of
any work or the doing of any act (other than the payment of a sum of money
under a conviction, whether as a fine or otherwise) and no punishment for diso‐
bedience to the order is otherwise provided by this Act, every person disobey‐
ing the order commits an offence against this Act.
(3) Where a person commits a continuing breach of any provision of this Act
which is an offence to which this section applies, then, notwithstanding any‐
thing in any other Act, the District Court may, on application by the council,
grant an injunction restraining the further continuance of the breach by that
person.
(4) An injunction may be granted under subsection (3),—
(a) notwithstanding that proceedings for the offence constituted by the
breach have not been taken; or
(b) where the person is convicted of such an offence, either,—
(i) in the proceedings for the offence, in substitution for or in add‐
ition to any penalty awarded for the offence; or
(ii) in subsequent proceedings.
(5) The continued existence of any work or thing in a state, or the intermittent rep‐
etition of any action, contrary to any provision of this Act shall be a continuing
offence for the purposes of this section.
Compare: 1954 No 76 s 377; 1956 No 64 s 392
(1979 No 59).
No 81).
No 49).
343
Version as at
699 Time for filing charging document

Despite anything to the contrary in section 25 of the Criminal Procedure Act
2011, the limitation period in respect of an offence against this Act or any regu‐
lations or bylaws made under it ends on the date that is 12 months after the date
on which the offence was committed.
Section 699: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011
No 81).
699A Infringement offences relating to navigation bylaws

[Repealed]
Section 699A: repealed, on 23 October 2013, by section 85(2)(b) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
699B Commission of infringement offence

[Repealed]
Section 699B: repealed, on 23 October 2013, by section 85(2)(b) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
699C Infringement notices

[Repealed]
Section 699C: repealed, on 23 October 2013, by section 85(2)(b) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
699D Entitlement to infringement fees

[Repealed]
Section 699D: repealed, on 23 October 2013, by section 85(2)(b) of the Maritime Transport Amend‐
ment Act 2013 (2013 No 84).
Legal proceedings
[Repealed]
700 Judges, District Court Judges, and Justices not disqualified as being
ratepayers
[Repealed]
No 84).
701 Proceedings in District Court, etc

[Repealed]
No 84).
344
Version as at
702 Service of legal proceedings on council

[Repealed]
No 84).
703 Valuation roll to be evidence as to owner or occupier

[Repealed]
No 84).
704 Evidence that works or property vested in or under control of council

[Repealed]
No 84).
705 Recovery of debts

[Repealed]
No 84).
706 Members may be required to pay costs of proceedings in certain cases

[Repealed]
No 84).
Recovery of losses incurred by local authorities

[Repealed]
706A Report by Auditor-General on loss incurred by local authority

[Repealed]
No 84).
706B Local authority to respond to Auditor-General

[Repealed]
No 84).
706C Members of local authority liable for loss

[Repealed]
No 84).
345
Version as at
General provisions
[Repealed]
707 Council may make compositions

[Repealed]
No 84).
Part 44A
Special provisions applying to Auckland Regional Authority
[Repealed]
Part 44A: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland
707A Application of provisions to Auckland Regional Council

[Repealed]
Section 707A: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland
707AA Residual powers of Auckland Regional Council

[Repealed]
Section 707AA: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
707B Interpretation
[Repealed]
Section 707B: repealed, on 1 July 1992, by section 67(1) of the Local Government Amendment Act
1992 (1992 No 42).
707C Membership of Auckland Regional Authority

[Repealed]
Section 707C: repealed, on 1 July 1992, by section 67(1) of the Local Government Amendment Act
1992 (1992 No 42).
707D Auckland Regional Authority elections

[Repealed]
Section 707D: repealed, on 1 July 1992, by section 67(1) of the Local Government Amendment Act
1992 (1992 No 42).
707E Extraordinary vacancies

[Repealed]
Section 707E: repealed, on 1 July 1992, by section 67(1) of the Local Government Amendment Act
1992 (1992 No 42).
346
Version as at
1 July 2022 Local Government Act 1974 Part 44A s 707M
707F Compilation of electoral roll

[Repealed]
Section 707F: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment
Act 1991 (1991 No 49).
707G Roll to be available for public inspection

[Repealed]
Section 707G: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment
Act 1991 (1991 No 49).
707H Application for registration as a parliamentary elector

[Repealed]
Section 707H: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment
Act 1991 (1991 No 49).
707I Completion of roll

[Repealed]
Section 707I: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment
Act 1991 (1991 No 49).
707J Amendments to roll

[Repealed]
Section 707J: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment
Act 1991 (1991 No 49).
707K When roll in force

[Repealed]
Section 707K: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment
Act 1991 (1991 No 49).
707L Proof of roll

[Repealed]
Section 707L: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment
Act 1991 (1991 No 49).
707M Roll for by-elections

[Repealed]
Section 707M: repealed, on 1 October 1991, by section 21(1) of the Local Government Amendment
Act 1991 (1991 No 49).
347
Version as at
Part 44B s 707N Local Government Act 1974 1 July 2022
Part 44B
[Repealed]
Part 44B: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act
1998 (1998 No 89).
707N Interpretation
[Repealed]
Section 707N: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).

[Repealed]
Heading: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amendment Act
1998 (1998 No 89).
707O Constitution of Trust

[Repealed]
Section 707O: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707P Establishment of Trust

[Repealed]
Section 707P: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Transfer of specified assets and specified liabilities to Trust

[Repealed]
1998 (1998 No 89).
707Q Preparation of plan for vesting of specified assets and specified liabilities
in Trust
[Repealed]
Section 707Q: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707QA Special provisions in relation to transfers of assets and liabilities to

Watercare Services Limited and Regional Forests Limited
[Repealed]
Section 707QA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
348
Version as at
1 July 2022 Local Government Act 1974 Part 44B s 707W
707QB Prohibition on sale or other disposition of water services assets and

shares in Watercare Services Limited
[Repealed]
Section 707QB: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707R Vesting of assets and liabilities in Trust

[Repealed]
Section 707R: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707S Certain matters not affected by transfer of specified assets or specified

liabilities to Trust
[Repealed]
Section 707S: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707T Provisions relating to transfer of specified assets and specified liabilities to

Trust
[Repealed]
Section 707T: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707U Transfer of regulatory powers not authorised

[Repealed]
Section 707U: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707UA Divestment of assets in transport-related enterprises to be subject to

Part 34B
[Repealed]
Section 707UA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707V Stamp duty exemption

[Repealed]
Section 707V: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707W Taxation
[Repealed]
Section 707W: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
349
Version as at
Part 44B s 707X Local Government Act 1974 1 July 2022
707X Taxes and duties

[Repealed]
Section 707X: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707Y Uses deemed to be permitted uses

[Repealed]
Section 707Y: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707Z Modification of provisions of Public Works Act 1981

[Repealed]
Section 707Z: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZA Obligation to lodge caveat

[Repealed]
Section 707ZA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZB Exclusions
[Repealed]
Section 707ZB: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZC Reduction in functions, duties, and powers of Auckland Regional

Council
[Repealed]
Section 707ZC: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZD Continuous service of transferred employees

[Repealed]
Section 707ZD: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZE Maintenance of conditions of employment

[Repealed]
Section 707ZE: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZEA Restrictions on compensation for redundancy

[Repealed]
Section 707ZEA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
350
Version as at
1 July 2022 Local Government Act 1974 Part 44B s 707ZJC
707ZF Water services

[Repealed]
Section 707ZF: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZG Refusal disposal sites

[Repealed]
Section 707ZG: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZH Properties and funds acquired from Auckland Harbour Board

[Repealed]
Section 707ZH: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZI Special obligation of Trust in relation to carrying out of its work and
functions
[Repealed]
Section 707ZI: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Functions of Trust
[Repealed]
1998 (1998 No 89).
707ZJ Functions of Trust

[Repealed]
Section 707ZJ: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZJA Functions in relation to America’s Cup

[Repealed]
Section 707ZJA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZJB Management of assets

[Repealed]
Section 707ZJB: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZJC Obligation of Trust to report annually on assets owned by it

[Repealed]
Section 707ZJC: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
351
Version as at
Part 44B s 707ZJD Local Government Act 1974 1 July 2022
707ZJD Power to dispose of assets

[Repealed]
Section 707ZJD: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZJE Effect of sections 707ZJA to 707ZJD

[Repealed]
Section 707ZJE: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZK Trust to be local authority for certain purposes

[Repealed]
Section 707ZK: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Elections
[Repealed]
1998 (1998 No 89).
707ZL Election of members of Trust

[Repealed]
Section 707ZL: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZM First election of members

[Repealed]
Section 707ZM: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Chief executive
[Repealed]
1998 (1998 No 89).
707ZN Special provision in respect of appointment by Auckland Regional

Council of chief executive of Trust
[Repealed]
Section 707ZN: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
352
Version as at
1 July 2022 Local Government Act 1974 Part 44B s 707ZU

[Repealed]
1998 (1998 No 89).
707ZO Conduct of affairs

[Repealed]
Section 707ZO: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZP Annual report to public concerning plans

[Repealed]
Section 707ZP: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZQ Annual report to public concerning performance

[Repealed]
Section 707ZQ: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZR Audit Office to be auditor

[Repealed]
Section 707ZR: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Funding
[Repealed]
1998 (1998 No 89).
707ZS Funding
[Repealed]
Section 707ZS: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZT Establishment costs

[Repealed]
Section 707ZT: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZU Application of revenue

[Repealed]
Section 707ZU: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
353
Version as at
Part 44B s 707ZV Local Government Act 1974 1 July 2022
707ZV Rating for funding of Trust

[Repealed]
Section 707ZV: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZVA Power of Auckland Regional Council to rate in respect of retained

liabilities
[Repealed]
Section 707ZVA: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Community Trust
[Repealed]
Heading: repealed, on 1 October 1998, by section 6(1)(c) of the Local Government Amendment Act
1998 (1998 No 89).
707ZW Establishment of Community Trust

[Repealed]
Section 707ZW: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZX Trustees
[Repealed]
Section 707ZX: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZY Disqualification from appointment

[Repealed]
Section 707ZY: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZZ Term of appointment

[Repealed]
Section 707ZZ: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amendment
Act 1998 (1998 No 89).
707ZZA Purposes of Community Trust

[Repealed]
Section 707ZZA: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZZB Financial statements

[Repealed]
Section 707ZZB: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
354
Version as at
1 July 2022 Local Government Act 1974 Part 44C s 707ZZH
707ZZC Trustees to hold public meeting

[Repealed]
Section 707ZZC: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZZD Matters to be included in trust deed

[Repealed]
Section 707ZZD: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZZE Trust deed not to be inconsistent with provisions of this Act

[Repealed]
Section 707ZZE: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
707ZZF Application of Trustee Act 1956

[Repealed]
Section 707ZZF: repealed, on 1 August 1998, by section 6(1)(c) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Achievement of objects
[Repealed]
1998 (1998 No 89).
707ZZG Duty to act in furtherance of this Part

[Repealed]
Section 707ZZG: repealed, on 1 October 1998, by section 14(1)(e) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Part 44C
Infrastructure Auckland
[Repealed]
Part 44C: repealed, on 1 November 2010, pursuant to section 113(1) of the Local Government (Auck‐
land Transitional Provisions) Act 2010 (2010 No 37).
707ZZH Commencement
[Repealed]
Section 707ZZH: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
355
Version as at
Part 44C s 707ZZI Local Government Act 1974 1 July 2022
707ZZI Interpretation
[Repealed]
Section 707ZZI: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZJ Constitution of Infrastructure Auckland

[Repealed]
Section 707ZZJ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZK Principal function of Infrastructure Auckland

[Repealed]
Section 707ZZK: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZL Grants
[Repealed]
Section 707ZZL: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZM Special obligations of Infrastructure Auckland

[Repealed]
Section 707ZZM: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZN Additional special obligation of Infrastructure Auckland in respect of

Ports of Auckland Limited
[Repealed]
Section 707ZZN: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZO Membership of Infrastructure Auckland

[Repealed]
Section 707ZZO: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZP Infrastructure Auckland to be local authority for certain purposes

[Repealed]
Section 707ZZP: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZQ Statement of corporate intent

[Repealed]
Section 707ZZQ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
356
Version as at
1 July 2022 Local Government Act 1974 Part 44C s 707ZZZ
707ZZR Transport-related enterprises

[Repealed]
Section 707ZZR: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZS Electoral College

[Repealed]
Section 707ZZS: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZT Functions of Electoral College

[Repealed]
Section 707ZZT: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZU Appointment of members of Infrastructure Auckland

[Repealed]
Section 707ZZU: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZV Members of Electoral College

[Repealed]
Section 707ZZV: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZW Alternate members of Electoral College

[Repealed]
Section 707ZZW: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZX Chairperson of Electoral College

[Repealed]
Section 707ZZX: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZY Meetings of Electoral College

[Repealed]
Section 707ZZY: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZZ Infrastructure Auckland deed

[Repealed]
Section 707ZZZ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
357
Version as at
Part 44C s 707ZZZA Local Government Act 1974 1 July 2022
707ZZZA Contents of Infrastructure Auckland deed

[Repealed]
Section 707ZZZA: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
land) Amendment Act 2004 (2004 No 57).
707ZZZB Long-term funding plan

[Repealed]
Section 707ZZZB: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZC Proceedings of Infrastructure Auckland

[Repealed]
Section 707ZZZC: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐

[Repealed]
Heading: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland) Amend‐
ment Act 2004 (2004 No 57).
707ZZZD Conduct of affairs

[Repealed]
Section 707ZZZD: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZE Annual plan

[Repealed]
Section 707ZZZE: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZF Annual policy in relation to grants

[Repealed]
Section 707ZZZF: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZZG Annual report

[Repealed]
Section 707ZZZG: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZH Exemption for listed companies

[Repealed]
Section 707ZZZH: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
358
Version as at
1 July 2022 Local Government Act 1974 Part 44C s 707ZZZN
America’s Cup
[Repealed]
ment Act 2004 (2004 No 57).
707ZZZI Functions in relation to America’s Cup

[Repealed]
Section 707ZZZI: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZZJ Obligation to report annually on assets

[Repealed]
Section 707ZZZJ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZZK Power to dispose of shares

[Repealed]
Section 707ZZZK: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
Dissolution of Auckland Regional Services Trust

[Repealed]
ment Act 2004 (2004 No 57).
707ZZZL Dissolution of Auckland Regional Services Trust

[Repealed]
Section 707ZZZL: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZLA Transfer of money subject to trust

[Repealed]
Section 707ZZZLA: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZM Taxes and duties

[Repealed]
Section 707ZZZM: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZN Modification of provisions of Public Works Act 1981

[Repealed]
Section 707ZZZN: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
359
Version as at
Part 44C s 707ZZZO Local Government Act 1974 1 July 2022
707ZZZO Obligation to lodge caveat

[Repealed]
Section 707ZZZO: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZP Employees
[Repealed]
Section 707ZZZP: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
707ZZZQ Final accounts of Auckland Regional Services Trust

[Repealed]
Section 707ZZZQ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZR Vesting of shares in Watercare Services Limited

[Repealed]
Section 707ZZZR: repealed, on 1 November 2010, by section 113(1) of the Local Government
(Auckland Transitional Provisions) Act 2010 (2010 No 37).
707ZZZS Water services

[Repealed]
Section 707ZZZS: repealed, on 1 November 2010, by section 113(1) of the Local Government
707ZZZT Auckland Regional Council allowed certain deductions for tax

purposes
[Repealed]
Section 707ZZZT: repealed, on 1 April 2007, by section 707ZZZU.
707ZZZU Expiry
[Repealed]
Section 707ZZZU: repealed, on 1 November 2010, by section 113(1) of the Local Government
Dissolution of Regional Treasury Management Limited

[Repealed]
ment Act 2004 (2004 No 57).
707ZZZV Dissolution of Regional Treasury Management Limited

[Repealed]
Section 707ZZZV: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
360
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1 July 2022 Local Government Act 1974 Part 44C s 707ZZZZB
707ZZZW Final accounts of Regional Treasury Management Limited

[Repealed]
Section 707ZZZW: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZX Taxes and duties

[Repealed]
Section 707ZZZX: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
[Repealed]
ment Act 2004 (2004 No 57).
707ZZZY Certain matters not affected by this Part

[Repealed]
Section 707ZZZY: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZZ Provisions relating to vesting of assets and liabilities in Infrastructure

Auckland
[Repealed]
Section 707ZZZZ: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZZA Registers
[Repealed]
Section 707ZZZZA: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
Transitional provisions
[Repealed]
ment Act 2004 (2004 No 57).
707ZZZZB Initial membership of Infrastructure Auckland

[Repealed]
Section 707ZZZZB: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
361
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Part 44C s 707ZZZZC Local Government Act 1974 1 July 2022
707ZZZZC Membership of Infrastructure Auckland in period beginning on

1 July 1999 and ending with 31 December 1999
[Repealed]
Section 707ZZZZC: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZZD Membership of Infrastructure Auckland in period beginning on

1 January 2000 and ending with 30 June 2001
[Repealed]
Section 707ZZZZD: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZZE Power to resign

[Repealed]
Section 707ZZZZE: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZZF Extraordinary vacancies

[Repealed]
Section 707ZZZZF: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
707ZZZZG Chairperson of Infrastructure Auckland

[Repealed]
Section 707ZZZZG: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auck‐
Part 44D
Westport Harbour
[Repealed]
Part 44D: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002 No 84).
707ZZZZH Harbour assets vested in Buller District Council

[Repealed]
Section 707ZZZZH: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002
(2002 No 84).
362
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1 July 2022 Local Government Act 1974 Part 45 s 709B
Part 45
[Repealed]
No 84).
Works on private land

[Repealed]
No 84).
708 Works on private land

[Repealed]
No 84).
708A Power of entry

[Repealed]
No 84).
709 Examination of appliances and equipment

[Repealed]
No 84).
Prohibition of vehicles and consumption or possession of liquor in public

places
[Repealed]
No 84).
709A Prohibition of vehicles and consumption or possession of intoxicating

liquor in public place
[Repealed]
No 84).
709B Interpretation
[Repealed]
No 84).
363
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Part 45 s 709C Local Government Act 1974 1 July 2022
709C Further power to prohibit vehicles and liquor in public places

[Repealed]
No 84).
709D Exceptions to prohibition for residents and their visitors

[Repealed]
No 84).
709E Exceptions to prohibition for licensed premises

[Repealed]
No 84).
709F Public notice

[Repealed]
No 84).
709G Offences
[Repealed]
No 84).
709H Powers of arrest, search, and seizure

[Repealed]
No 84).
General provisions
[Repealed]
No 84).
710 Authority to act

[Repealed]
No 84).
711 Penalty for acting without warrant

[Repealed]
No 84).
364
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712 Resignations from office

[Repealed]
No 84).
713 Chairman compellable to give information

[Repealed]
No 84).
714 Delegation of Minister’s or Secretary’s powers

[Repealed]
No 84).
715 Delegation of powers by council

[Repealed]
No 84).
716 Delegation of powers by officers

[Repealed]
No 84).
716A Special consultative procedure

[Repealed]
Section 716A: repealed, on 25 December 2002, by section 267(a) of the Local Government Act 2002
(2002 No 84).
Special orders
[Repealed]
716B Special orders

[Repealed]
No 84).
716C Evidence of special order

[Repealed]
No 84).
365
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716D Time within which proceedings to quash special order must be

commenced
[Repealed]
No 84).
717 Application of provisions to Auckland Regional District

[Repealed]
Section 717: repealed, on 18 June 1986, by section 7 of the Local Government Amendment Act
(No 2) 1986 (1986 No 24).
718 Application of Act to County of Fiord

[Repealed]
Section 718: repealed, on 14 January 1983, by section 28(3) of the Local Government Amendment
Act (No 2) 1982 (1982 No 166).
719 In certain cases Governor-General may validate proceedings or may

extend time for doing anything
[Repealed]
No 84).
720 Misnomer, etc, not to prevent operation of Act

[Repealed]
No 84).
721 Appointment of person to exercise powers and functions of council

[Repealed]
No 84).
722 Annual report

[Repealed]
(1992 No 42).
723 Regulations
[Repealed]
No 84).
366
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724 Application of Act to Crown

[Repealed]
No 84).
725 Consequential amendments

[Repealed]
No 84).
726 Repeals, revocation, and savings

[Repealed]
No 84).
367
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Schedule 1 Local Government Act 1974 1 July 2022
Schedule 1
Local authorities
[Repealed]
s2
Schedule 1: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Schedule 1A
Classes of local authorities for the purposes of sections 214 to 214M
[Repealed]
Schedule 1A: repealed, on 1 July 1992, by section 72(1) of the Local Government Amendment Act
1992 (1992 No 42).
Schedule 2
Matters which (where applicable) Local Government Commission
shall provide for in scheme in addition to matters specified in section
35(1)
[Repealed]
s 35(1)
Schedule 2: repealed, on 1 November 1989, by section 42(1) of the Local Government Amendment
Act (No 2) 1989 (1989 No 29).
Schedule 3
Payments on transfer of trading undertaking from a territorial
authority to a regional or united council
[Repealed]
s 37H
Act (No 2) 1989 (1989 No 29).
Schedule 3A
Provisions relating to Commission
[Repealed]
s 37ZC
Schedule 3A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
368
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1 July 2022 Local Government Act 1974 Schedule 5A
Schedule 3B
Provisions for giving effect to reorganisation schemes
[Repealed]
s 37ZZT
Schedule 3B: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Schedule 4
Declaration by mayor or chairperson or member
[Repealed]
s 114U
No 84).
Schedule 4A
Classes of local authorities for the purposes of Part 4C
[Repealed]
s 101ZZE
Schedule 4A: repealed, on 1 July 2003, by section 266 of the Local Government Act 2002 (2002
No 84).
Schedule 5
Procedure for classification of lands for purposes of making and
levying water race or rural drainage rates
[Repealed]
s 153
Schedule 5: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Amendment Act 1988
(1988 No 97).
Schedule 5A
Form relating to lump sum contributions
[Repealed]
s 164F
Schedule 5A: repealed, on 29 June 1988, by section 209(1) of the Rating Powers Act 1988 (1988
No 97).
369
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Schedule 6
Scales of local authorities fuel tax
ss 185(2), 187
Schedule 6: inserted, on 1 April 1978, by section 7(1)(b) of the Local Government Amendment Act
(No 3) 1977 (1977 No 122).
Schedule 6 heading: amended, on 1 October 2008, by section 20(1) of the Local Government Act
1974 Amendment Act 2008 (2008 No 63).
Specified engine fuel that is Specified engine fuel that is
motor spirit or ethyl alcohol diesel or biodiesel
Scale per litre per litre
A 0.66 cent 0.33 cent
B 0.44 cent 0.22 cent
C 0.22 cent 0.11 cent
Schedule 6: amended, on 1 October 2008, by section 20(2)(a) of the Local Government Act 1974
Schedule 6: amended, on 1 October 2008, by section 20(2)(b) of the Local Government Act 1974
370
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1 July 2022 Local Government Act 1974 Schedule 7
Schedule 7
ss 181, 183
Schedule 7: replaced, on 1 July 1992, by section 75 of the Local Government Amendment Act 1992
(1992 No 42).
Component districts
Tax area (“(D)” indicates the distribution authority)
1 Northland Far North District
Whangarei District (D)
Kaipara District
2 Auckland Auckland (D)
3 Waikato–Coromandel Waikato District
Hamilton City (D)
Thames-Coromandel District
Hauraki District
Matamata-Piako District
South Waikato District
Waipa District
4 Bay of Plenty Western Bay of Plenty District
Tauranga District
Rotorua District (D)
Whakatane District
Kawerau District
Opotiki District
Taupo District
5 King Country Otorohanga District (D)
Waitomo District
Ruapehu District
6 Taranaki New Plymouth District (D)
Stratford District
South Taranaki District
7 Wanganui Wanganui District (D)
Rangitikei District
8 Manawatu Palmerston North City (D)
Manawatu District
Horowhenua District
9 East Coast Gisborne District (D)
Wairoa District
10 Hawke’s Bay Napier City (D)
Hastings District
Central Hawke’s Bay District
Tararua District
11 Wairarapa Masterton District (D)
Carterton District
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Component districts
Tax area (“(D)” indicates the distribution authority)
South Wairarapa District
12 Wellington–Hutt Valley Kapiti Coast District
Porirua City
Wellington City (D)
Lower Hutt City
Upper Hutt City
13 Nelson Nelson City (D)
Tasman District
14 Marlborough Marlborough District (D)
Kaikoura District
15 West Coast Buller District
Grey District (D)
Westland District
16 North Canterbury Hurunui District
Waimakariri District (D)
17 Christchurch Christchurch City (D)
Selwyn District
18 South Canterbury Ashburton District
Timaru District (D)
MacKenzie District
Waimate District
19 Coastal Otago Waitaki District
Dunedin City (D)
Clutha District
20 Central Otago Central Otago District (D)
Queenstown-Lakes District
21 Southland Southland District
Invercargill City (D)
Gore District.
Schedule 7 item 2: amended, on 12 December 2012, by section 4(1) of the Local Government Act
1974 Amendment Act 2012 (2012 No 106).
Schedule 7 item 2: amended, on 1 November 2010, by section 113(1) of the Local Government
Schedule 7 item 17: amended, on 12 December 2012, by section 4(2) of the Local Government Act
1974 Amendment Act 2012 (2012 No 106).
372
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Schedule 8
Notice of imposition or alteration of local authorities fuel tax
ss 185, 187
Schedule 8: inserted, on 1 April 1978, by section 7(1)(b) of the Local Government Amendment Act
(No 3) 1977 (1977 No 122).
Schedule 8 heading: amended, on 1 October 2008, by section 21(1) of the Local Government Act
1974 Amendment Act 2008 (2008 No 63).
In accordance with a decision made under section 185 (or section 187) of the Local
Government Act 1974, a local authorities fuel tax will be levied on the following
scale with effect on and after [effective date] and within the tax area consisting of
[name of component districts within the tax area].
Motor spirits Diesel fuel
Scale per litre per litre
A 0.66 cent 0.33 cent
B 0.44 cent 0.22 cent
C 0.22 cent 0.11 cent
Date:
Principal Administrative Officer of [name of taxing authority], distribution authority
of tax area.
Schedule 8: amended, on 1 October 2008, by section 21(2) of the Local Government Act 1974
Schedule 8: amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amend‐
ment Act 1980 (1980 No 82).
Schedule 9
Tenders and contracts
[Repealed]
s 245
Act (No 2) 1989 (1989 No 29).
373
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Schedule 10
Conditions as to stopping of roads and the temporary prohibition of
traffic on roads
ss 319(h), 342
Schedule 10: inserted, on 1 April 1979, by section 3(1) of the Local Government Amendment Act
1978 (1978 No 43).
Stopping of roads
1 The council shall prepare a plan of the road proposed to be stopped, together
with an explanation as to why the road is to be stopped and the purpose or pur‐
poses to which the stopped road will be put, and a survey made and a plan pre‐
pared of any new road proposed to be made in lieu thereof, showing the lands
through which it is proposed to pass, and the owners and occupiers of those
lands so far as known, and shall lodge the plan in the office of the Chief Sur‐
veyor of the land district in which the road is situated. The plan shall separately
show any area of esplanade reserve which will become vested in the council
under section 345(3).
Schedule 10 clause 1: amended, on 1 October 1991, by section 362 of the Resource Management Act
1991 (1991 No 69).
2 On receipt of the Chief Surveyor’s notice of approval and plan number the
council shall open the plan for public inspection at the office of the council,
and the council shall at least twice, at intervals of not less than 7 days, give
public notice of the proposals and of the place where the plan may be inspec‐
ted, and shall in the notice call upon persons objecting to the proposals to lodge
their objections in writing at the office of the council on or before a date to be
specified in the notice, being not earlier than 40 days after the date of the first
publication thereof. The council shall also forthwith after that first publication
serve a notice in the same form on the occupiers of all land adjoining the road
proposed to be stopped or any new road proposed to be made in lieu thereof,
and, in the case of any such land of which the occupier is not also the owner,
on the owner of the land also, so far as they can be ascertained.
3 A notice of the proposed stoppage shall, during the period between the first
publication of the notice and the expiration of the last day for lodging objec‐
tions as aforesaid, be kept fixed in a conspicuous place at each end of the road
proposed to be stopped:
provided that the council shall not be deemed to have failed to comply with the
provisions of this clause in any case where any such notice is removed without
the authority of the council, but in any such case the council shall, as soon as
conveniently may be after being informed of the unauthorised removal of the
notice, cause a new notice complying with the provisions of this clause to be
affixed in place of the notice so removed and to be kept so affixed for the
period aforesaid.
374
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4 If no objections are received within the time limited as aforesaid, the council
may by public notice declare that the road is stopped; and the road shall, sub‐
ject to the council’s compliance with clause 9, thereafter cease to be a road.
5 If objections are received as aforesaid, the council shall, after the expiration of
the period within which an objection must be lodged, unless it decides to allow
the objections, send the objections together with the plans aforesaid, and a full
description of the proposed alterations to the Environment Court.
Schedule 10 clause 5: amended, on 2 September 1996, pursuant to section 6(2)(a) of the Resource
6 The Environment Court shall consider the district plan, the plan of the road
proposed to be stopped, the council’s explanation under clause 1, and any
objection made thereto by any person, and confirm, modify, or reverse the deci‐
sion of the council which shall be final and conclusive on all questions.
Schedule 10 clause 6: replaced, on 1 October 1991, by section 362 of the Resource Management Act
1991 (1991 No 69).
7 If the Environment Court reverses the decision of the council, no proceedings

shall be entertained by the Environment Court for stopping the road for 2 years
thereafter.
8 If the Environment Court confirms the decision of the council, the council may
declare by public notice that the road is stopped; and the road shall, subject to
the council’s compliance with clause 9, thereafter cease to be a road.
9 Two copies of that notice and of the plans hereinbefore referred to shall be
transmitted by the council for record in the office of the Chief Surveyor of the
land district in which the road is situated, and no notice of the stoppage of the
road shall take effect until that record is made.
10 The Chief Surveyor shall allocate a new description of the land comprising the
stopped road, and shall forward to the Registrar-General of Land or the
Registrar of Deeds, as the case may require, a copy of that description and a
copy of the notice and the plans transmitted to him by the council, and the
Registrar shall amend his records accordingly.
Schedule 10 clause 10: amended, on 12 November 2018, by section 250 of the Land Transfer Act
2017 (2017 No 30).
375
Version as at
Temporary prohibition of traffic

11 The council may, subject to such conditions as it thinks fit (including the
imposition of a reasonable bond), and after consultation with the Police and the
New Zealand Transport Agency, close any road or part of a road to all traffic or
any specified type of traffic (including pedestrian traffic)—
(a) while the road, or any drain, water race, pipe, or apparatus under, upon,
or over the road is being constructed or repaired; or
(b) where, in order to resolve problems associated with traffic operations on
a road network, experimental diversions of traffic are required; or
(c) during a period when public disorder exists or is anticipated; or
(d) when for any reason it is considered desirable that traffic should be tem‐
porarily diverted to other roads; or
(e) for a period or periods not exceeding in the aggregate 31 days in any
year for any exhibition, fair, show, market, concert, film-making, race or
other sporting event, or public function:
provided that no road may be closed for any purpose specified in paragraph (e)
if that closure would, in the opinion of the council, be likely to impede traffic
unreasonably.
Schedule 10 clause 11: replaced, on 14 August 1986, by section 14(1) of the Local Government
Schedule 10 clause 11: amended, on 26 March 2015, by section 5 of the Local Government Act 1974
11A The council shall give public notice of its intention to consider closing any
road or part of a road under clause 11(e); and shall give public notice of any
decision to close any road or part of a road under that provision.
Schedule 10 clause 11A: inserted, on 14 August 1986, by section 14(1) of the Local Government
11B Where any road or part of a road is closed under clause 11(e), the council or,
with the consent of the council, the promoter of any activity for the purpose of
which the road has been closed may impose charges for the entry of persons
and vehicles to the area of closed road, any structure erected on the road, or
any structure or area under the control of the council or the promoter on adjoin‐
ing land.
Schedule 10 clause 11B: inserted, on 14 August 1986, by section 14(1) of the Local Government
11C Where any road or part of a road is closed under clause 11(e), the road or part
of a road shall be deemed for the purposes of—
(a) [Repealed]
(b) the Traffic Regulations 1976:
376
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(c) the Transport (Drivers Licensing) Regulations 1985:

(d) [Repealed]
(e) the Transport (Vehicle Registration and Licensing) Notice 1986:
(ea) the Land Transport Act 1998:
(f) any enactment made in substitution for any enactment referred to in
paragraphs (a) to (ea)—
not to be a road; but nothing in this clause shall affect the status of the road or
part of a road as a public place for the purposes of this or any other enactment.
Schedule 10 clause 11C: inserted, on 14 August 1986, by section 14(1) of the Local Government
Schedule 10 clause 11C(a): repealed, on 10 May 2011, by section 100(3) of the Land Transport
(Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
Schedule 10 clause 11C(d): repealed, on 1 May 2011, by section 35(4) of the Land Transport Amend‐
ment Act 2009 (2009 No 17).
Schedule 10 clause 11C(ea): inserted, on 1 March 1999, by section 215(1) of the Land Transport Act
1998 (1998 No 110).
Schedule 10 clause 11C(f): amended, on 1 March 1999, by section 215(1) of the Land Transport Act
1998 (1998 No 110).
12 The powers conferred on the council by clause 11 (except paragraph (e)) may
be exercised by the chairman on behalf of the council or by any officer of the
council authorised by the council in that behalf.
13 Where it appears to the council that owing to climatic conditions the continued
use of any road in a rural area, other than a State highway or government road,
not being a road generally used by motor vehicles for business or commercial
purposes or for the purpose of any public work, may cause damage to the road,
the council may by resolution prohibit, either conditionally or absolutely, the
use of that road by motor vehicles or by any specified class of motor vehicle
for such period as the council considers necessary.
14 Where a road is closed under clause 13, an appropriate notice shall be posted at
every entry to the road affected, and shall also be published in a newspaper cir‐
culating in the district.
15 A copy of every resolution made under clause 13 shall, within 1 week after the
making thereof, be sent to the Minister of Transport, who may at any time, by
notice to the council, disallow the resolution, in whole or in part, and thereupon
the resolution, to the extent that it has been disallowed, shall be deemed to have
been revoked.
16 No person shall—
(a) use a vehicle, or permit a vehicle to be used, on any road which is for the
time being closed for such vehicles pursuant to clause 11; or
377
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(aa) without the consent of the council or the promoter of any activity permit‐
ted by the council, enter or attempt to enter, or be present, on any road or
part of a road that is for the time being closed to pedestrian traffic pur‐
suant to clause 11; or
(b) use a motor vehicle, or permit a motor vehicle to be used, on any road
where its use has for the time being been prohibited by a resolution
under clause 13.
Schedule 10 clause 16(aa): inserted, on 14 August 1986, by section 14(2) of the Local Government
Schedule 11
Width of roads, access ways, and service lanes
[Expired]
s 325(1)
Schedule 11: expired, on 1 January 1993, by section 325(3).
378
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Schedule 12
1978 (1978 No 43).
Form 1
Claim for payment on account of betterment from the formation or widening
of a road or service lane
s 326(3)
To: [name], owner of an estate or interest in fee simple [or as the case may be] in the
land described below.
Whereas the [name of council] has formed or widened [describe road or service lane]
in the district whereby the value of the land described below which fronts the said
road (or service lane) and in which you are interested as aforesaid, has been
increased.
This is to give you notice that the council claims from you the sum of $[amount] on
account of betterment for the said increase in value of the said land.
[Description of land]
Given under my hand: [date]
Principal Administrative Officer
Schedule 12 form 1 heading: amended, on 30 March 1985, by section 39(1) of the Local Government
Schedule 12 form 1: amended, on 30 March 1985, by section 39(1) of the Local Government Amend‐
ment Act 1985 (1985 No 60).
Schedule 12 form 1: amended, on 19 January 1981, pursuant to section 2(2) of the Local Government
379
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Form 2
Charge
s 326(5)(b)
Pursuant to section 326(5)(b) of the Local Government Act 1974, I, the undersigned
[name], hereby charge my estate or interest as [describe the estate or interest] in
[describe land] with the payment to the [name of council] of [number] equal half-
yearly payments of $[amount], each payable on the [specify] day of the months of
[months] in each year, the first payment to be made on [date], the charge to be a first
charge upon my said estate and interest in priority to all estates, encumbrances, and
interests created by me or any of my predecessors in title, as provided by the said Act;
and I, the said [name], hereby covenant with the said council to pay to the council the
said several instalments on the respective dates aforesaid.
Given under my hand: [date]
380
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Schedule 13
Conditions of fixing levels of roads
s 330(4)
1978 (1978 No 43).
1 The council shall publish in the district a notice of its intention to fix the level,
describing therein the road by name and situation, and the proposed level
thereof, by reference to plans to be open for inspection at a place named in the
notice.
2 The council shall in the notice appoint a day, not being less than 1 month after
the publication of the notice, at which it will hear all objections to the proposed
level by persons affected thereby.
3 The council shall forthwith after the publication of the notice serve a notice in
the same form on the occupiers of all land adjoining that part of the road the
level of which is proposed to be fixed and, in the case of any such land of
which the occupier is not also the owner, on the owner also, so far as they can
be ascertained.
4 All such objections must be in writing, addressed to and sent to the council not
less than 10 days before the day of meeting hereinafter referred to.
5 The council shall hold a meeting on the day so notified, at which all persons
having so made objections shall be entitled to be heard in support thereof.
6 At that meeting the council may, after considering all such objections, resolve
to abandon the proposed level, or to adopt it with any alterations it thinks fit.
7 The council shall publicly notify the level so fixed, and shall in the notice refer
to a plan to be deposited at the office of the council, and to be open for inspec‐
tion.
381
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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
ss 379, 380, 402, 426, 433, 445, 454, 477,
501B, 516, 522(1)(c), (d)
Schedule 14: inserted, on 1 April 1980, by section 6 of the Local Government Amendment Act 1979
(1979 No 59).
Schedule 14 heading: amended, on 19 January 1981, by section 53(a) of the Local Government
Schedule 14 heading: amended, on 19 January 1981, by section 53(b) of the Local Government
1 Before interfering with any road or other work that is not under the control of
the council for the purposes of constructing or maintaining waterworks or
drainage works or trade wastes systems or drainage channels, or laying gas
pipes, or electricity cables, or erecting poles, the council shall give not less than
1 month’s notice in writing to the local authority or body having control of the
road or work.
Schedule 14 clause 1: amended, on 19 January 1981, by section 53(c) of the Local Government
2 If that local authority or body objects to the interference, the matter shall be
referred to the District Court, and the decision of the court shall be final.
Schedule 14 clause 2: amended, on 1 March 2017, by section 261 of the District Court Act 2016
(2016 No 49).
3 The council may at any time interfere with the road or work, so far as may be
necessary to effect all necessary repairs in the waterworks or drainage works or
trade wastes systems or drainage channels or gas pipes or electricity cables or
poles, on giving to that local authority or body not less than 3 days’ previous
notice in writing of its intention to do so.
Schedule 14 clause 3: amended, on 19 January 1981, by section 53(d) of the Local Government
4 In any sudden emergency or danger to the waterworks or drainage works or

trade wastes systems or drainage channels or gas pipes or electricity cables or
poles or property adjoining, the council may, without any previous notice, pro‐
ceed to effect the necessary repairs, but shall as soon as practicable thereafter
inform the local authority or body.
Schedule 14 clause 4: amended, on 19 January 1981, by section 53(e) of the Local Government
5 The provisions of this schedule shall, in relation to any public work that is a
government work to which section 241 applies, be read subject to that section.
382
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1 July 2022 Local Government Act 1974 Schedule 17B
Schedule 15
Conditions as to use of buildings for public meetings, and for other
purposes
[Repealed]
ss 627, 628, 630, 633(3), 635, 636(3)
Schedule 15: repealed, on 15 September 1993, by section 24(2) of the Building Amendment Act
1993 (1993 No 99).
Schedule 16
Conditions of constructing or undertaking works on private land
[Repealed]
ss 426, 708
No 84).
Schedule 17
Acts under which functions, powers, and duties are conferred or
imposed on Minister of Local Government and Secretary for Local
Government
[Repealed]
ss 2A, 2B(2)
No 84).
Schedule 17A
Provisions relating to Auckland Regional Services Trust
[Repealed]
s 707O(2)(a)
Schedule 17A: repealed, on 1 October 1998, by section 14(1)(a) of the Local Government Amend‐
ment Act 1998 (1998 No 89).
Schedule 17B
Provisions relating to Infrastructure Auckland
[Repealed]
s 707ZZZC
Schedule 17B: repealed, on 1 July 2004, by section 48(1)(a) of the Local Government (Auckland)
383
Version as at
Schedule 18
Enactments amended
[Repealed]
s 725
No 84).
Schedule 19
Enactments repealed
[Repealed]
s 726(1)
No 84).
384
Version as at
Local Government Amendment Act (No 2) 1999

Date of assent 28 April 1999
Commencement see section 1(2)
1 Short Title and commencement

(1) This Act may be cited as the Local Government Amendment Act (No 2) 1999,
and is part of the Local Government Act 1974 (“the principal Act”).
(2) This Act comes into force on the day after the date on which it receives the
Royal assent.
Repeals, amendments, and transitional and savings provisions

15 Savings provisions relating to bylaws, leases, and other documents issued
under Harbours Act 1950
(1) Despite the repeal of the Harbours Act 1950 by section 10,—
(a) section 424 of the Resource Management Act 1991 (which relates to
bylaws of former harbour boards) continues to have effect as if the Har‐
bours Act 1950 had not been repealed:
(b) bylaws made under the Harbours Act 1950 (other than bylaws referred
to in paragraph (a)) and in force immediately before the commencement
of this section continue in force until the close of 31 March 2003, unless
they are inconsistent with anything in section 684C to 684E of the prin‐
cipal Act, as if the Harbours Act 1950 had not been repealed; and, until
the close of that 31 March, bylaws continued in force under this para‐
graph may from time to time be amended as if that Act had not been
repealed:
(c) section 425 of the Resource Management Act 1991 (which relates to
leases and other authorities issued by former Harbour Boards) continues
to have effect as if the Harbours Act 1950 had not been repealed.
(2) Every licence, permit, approval, pilotage exemption, or other written authorisa‐
tion granted, given, or issued under the Harbours Act 1950, and every appoint‐
ment made under that Act, that was in force immediately before the repeal of
that Act by section 10 continues in force until it expires or is revoked or can‐
celled or replaced by a document issued or act done under the principal Act or
the Maritime Transport Act 1994.
(3) Despite the repeal of section 211 of the Harbours Act 1950 by section 10, pilot‐
age district limits having effect under that section 211 immediately before its
repeal continue in force until the close of 31 March 2003 unless sooner
revoked.
385
Version as at
(4) For the purposes of this section, the Governor-General may from time to time,
by Order in Council, do all or any of the following things:
(a) amend or revoke any pilotage district limits referred to in subsection (3):
(b) define new pilotage district limits, and amend or revoke such limits, for
any period ending no later than the close of 31 March 2003
(5) Exemptions from compulsory pilotage that were granted by or under section
225 of the Harbours Act 1950 and in force immediately before the repeal of
that section by section 10 continue in force until maritime rules made under the
Maritime Transport Act 1994 otherwise provide.
16 Savings provisions relating to harbour-related functions, duties, and

powers
(1) A territorial authority responsible under any Act, Order in Council, or other
enactment for operating a port or harbour may continue from time to time to
appoint a harbourmaster and exercise functions, duties, and powers in respect
of navigation safety.
(2) Every instrument under the principal Act transferring to a territorial authority
any functions, duties, or powers under the Harbours Act 1950, that was in force
immediately before the commencement of section 10, continues in force until
the expiration of 2 years after that commencement and then expires.
(3) Nothing effected by or under this Act affects or limits the Waimakariri Harbour
District and Empowering Act 1916, the Lakes District Waterways Authority
(Shotover River) Empowering Act 1985, the Northland Regional Council and
Far North District Council Vesting and Empowering Act 1992, or any other
Act applying to any harbour.
386
Version as at
Maritime Transport Amendment Act 2013

Date of assent 22 October 2013
Commencement see section 2
1 Title
This Act is the Maritime Transport Amendment Act 2013.
2 Commencement
(1) Sections 91 to 100 come into force on a date appointed by the Governor-
General by Order in Council.
(2) The rest of this Act comes into force on the day after the date on which it
receives the Royal assent.
Section 2(1): sections 91 to 100 brought into force, on 1 October 2014, by clause 2 of the Maritime
Transport Amendment Act 2013 Commencement Order 2014 (LI 2014/276).
Transitional and savings provisions

87 Savings provisions relating to Local Government Act 1974
(1) All regulations and bylaws, liability for fees, charges, or expenses, appoint‐
ments, notices, directions, delegations, transfers, agreements, leases, licences,
instruments, rights, other liabilities, and other acts of authority that originated
under Part 39A, Part 43, or section 699A, 699B, 699C, or 699D of the Local
Government Act 1974 and existed or were in force at the time of the repeal of
those provisions by section 85 of this Act continue as if they had been made,
and are deemed where necessary to have been made, under the corresponding
provisions of the Maritime Transport Act 1994.
(2) All matters, proceedings, actions, and investigations under Part 39A, Part 43,
or section 699A, 699B, 699C, or 699D of the Local Government Act 1974 that
were pending or in progress at the time of the repeal of those provisions by sec‐
tion 85 of this Act may be continued, completed, and enforced as if those pro‐
visions had not been repealed.
(3) Without limiting subsection (1), the following regulations continue in force and
have the same effect as if they had been made under section 201(1)(b) of the
Maritime Transport Act 1994:
(a) Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004:
(b) Local Government (Infringement Fees for Offences: Auckland Regional
Council Navigation Safety Bylaw 2008) Regulations 2009:
(c) Local Government (Infringement Fees for Offences: Bay of Plenty
Regional Navigation Safety Bylaw 2010) Regulations 2010:
387
Version as at
(d) Local Government (Infringement Fees for Offences: Central Otago Dis‐
trict Council Lake Dunstan Navigation Safety Bylaws 2006) Regulations
2010:
(e) Local Government (Infringement Fees for Offences—Environment Can‐
terbury Navigation Safety Bylaws 2010) Regulations 2011:
(f) Local Government (Infringement Fees for Offences: Gisborne District
Navigation and Safety Bylaw) Regulations 2004:
(g) Local Government (Infringement Fees for Offences: Hawke’s Bay
Regional Council Navigation Safety Bylaws) Regulations 2012:
(h) Local Government (Infringement Fees for Offences—Lake Taupo Navi‐
gation Safety Bylaw) Regulations 2010:
(i) Local Government (Infringement Fees for Offences: Manawatu River
and Tributaries Navigation and Safety Bylaw 2010) Regulations 2010:
(j) Local Government (Infringement Fees for Offences—Marlborough Dis‐
trict Council Navigation Bylaw 2009) Regulations 2011:
(k) Local Government (Infringement Fees for Offences—Navigation
Bylaws for Port Taranaki and its Approaches 2009) Regulations 2012:
(l) Local Government (Infringement Fees for Offences: Northland Regional
Council Navigation Safety Bylaw 2012) Regulations 2012:
(m) Local Government (Infringement Fees for Offences: Queenstown Lakes
District Council (Shotover River) Bylaw 2009) Regulations 2009:
(n) Local Government (Infringement Fees for Offences: Queenstown Lakes
District Navigation Safety Bylaw 2009) Regulations 2009:
(o) Local Government (Infringement Fees for Offences: Southland Regional
Council Navigation Safety Bylaws 2009) Regulations 2009:
(p) Local Government (Infringement Fees for Offences: Tasman District
Council Consolidated Bylaw, Chapter 5: Navigation Safety) Regulations
2007:
(q) Local Government (Infringement Fees for Offences: Waikato Regional
Council Navigation Safety Bylaw) Regulations 2006:
(r) Local Government (Infringement Fees for Offences: Wellington
Regional Navigation and Safety Bylaws) Regulations 2006.
88 Conflicts between existing navigation bylaws and existing maritime rules

Any provision in a navigation bylaw that was made under Part 43 of the Local
Government Act 1974 and that was in force at the time of the repeal of that
Part by section 85 of this Act ceases to have effect to the extent that it is incon‐
sistent with the Maritime Transport Act 1994, or regulations or rules made
under that Act.
388
Version as at
1 July 2022 Local Government Act 1974 Notes
Notes
1 General
This is a consolidation of the Local Government Act 1974 that incorporates the
amendments made to the legislation so that it shows the law as at its stated
date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted
or made by the legislation consolidated and by the amendments. This presump‐
tion applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐
lished as an electronic version, is an official version. A printed version of legis‐
lation that is produced directly from this official electronic version is also an
official version.
3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to con‐
solidations using the powers under subpart 2 of Part 3 of the Legislation Act
2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation

Pae Ora (Healthy Futures) Act 2022 (2022 No 30): section 104
Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/Te Kāhui o Matariki Public Holiday
Act 2022 (2022 No 14): wehenga 7/section 7
Secondary Legislation Act 2021 (2021 No 7): section 3
Te Ture Whenua Maori (Succession, Dispute Resolution, and Related Matters) Amendment Act 2020
(2020 No 51): section 97
Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48): section 175(1)
Local Government Act 2002 Amendment Act 2019 (2019 No 54): sections 42, 43
Local Government Regulatory Systems Amendment Act 2019 (2019 No 6): Part 3
Customs and Excise Act 2018 (2018 No 4): section 443(3)
Land Transport Amendment Act 2017 (2017 No 34): section 110(3)
Land Transfer Act 2017 (2017 No 30): section 250
Fire and Emergency New Zealand Act 2017 (2017 No 17): section 197
District Court Act 2016 (2016 No 49): section 261
Local Government Act 1974 Amendment Act 2015 (2015 No 20)
Maritime Transport Amendment Act 2013 (2013 No 84): section 85
Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19):
section 8
Criminal Procedure Act 2011 (2011 No 81): section 413
Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(3)
389
Version as at
Notes Local Government Act 1974 1 July 2022
Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3): section 128
Infrastructure (Amendments Relating to Utilities Access) Act 2010 (2010 No 99): section 27
Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37): section 113(1)
Unit Titles Act 2010 (2010 No 22): section 233(1)
Customs and Excise Amendment Act 2009 (2009 No 61): section 11(4)
Land Transport Amendment Act 2009 (2009 No 17): section 35(4)
Waste Minimisation Act 2008 (2008 No 89): section 61
Policing Act 2008 (2008 No 72): sections 116(a)(ii), 130(1)
Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1)
Public Records Act 2005 (2005 No 40): section 66(b)
Railways Act 2005 (2005 No 37): section 103(3)
Maritime Transport Amendment Act 2004 (2004 No 98): section 11(3)
Building Act 2004 (2004 No 72): sections 414, 415(1)
Local Government (Auckland) Amendment Act 2004 (2004 No 57): section 48(1)(a)
Land Transport Management Act 2003 (2003 No 118): section 90
Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(1)
Resource Management Amendment Act 2003 (2003 No 23): section 98
Local Electoral Amendment Act 2002 (2002 No 85): section 53(d)
Local Government Act 2002 (2002 No 84): sections 262, 266, 267(a), 270
Civil Defence Emergency Management Act 2002 (2002 No 33): section 117
Local Government (Rating) Act 2002 (2002 No 6): sections 137(1), 138(1), 143(1)(c)
Local Government (Elected Member Remuneration and Trading Enterprises) Amendment Act 2001
(2001 No 98)
Local Electoral Act 2001 (2001 No 35): section 151
Public Audit Act 2001 (2001 No 10): sections 46, 52
New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1)
Local Government Amendment Act (No 5) 1999 (1999 No 125)
Stamp Duty Abolition Act 1999 (1999 No 61): section 7
Land Transport Act 1998 (1998 No 110): section 215(1)
Local Government Amendment Act 1998 (1998 No 89)
Health and Disability Services Amendment Act 1998 (1998 No 74): section 5(4)
Rating Valuations Act 1998 (1998 No 69): section 54(1)
Resource Management Amendment Act 1996 (1996 No 160): section 6(2)(a)
390
Version as at
1 July 2022 Local Government Act 1974 Notes

Building Amendment Act 1993 (1993 No 99): section 24(2)
Electoral Act 1993 (1993 No 87): section 284
Te Ture Whenua Maori Act 1993 (1993 No 4): section 362(2)
Electricity Act 1992 (1992 No 122): section 173(2)
Energy Companies Act 1992 (1992 No 56): section 89(1), (2)
Building Act 1991 (1991 No 150): section 92(1)
Resource Management Act 1991 (1991 No 69): section 362
Local Government Reform (Transitional Provisions) Act 1990 (1990 No 27): section 24(1)
Government Roading Powers Act 1989 (1989 No 75): section 116(1), (4)
Rating Powers Act 1988 (1988 No 97): sections 208(1), 209(1)
Local Government Official Information and Meetings Act 1987 (1987 No 174): section 58(1)
Constitution Act 1986 (1986 No 114): section 29(2)
Gas Act 1982 (1982 No 27): section 71(2)
Public Works Act 1981 (1981 No 35): section 248(1)
Chatham Islands County Council Empowering Act 1980 (1980 No 6 (L)): section 14(3)
District Courts Amendment Act 1979 (1979 No 125): section 18(2)
Local Government Act 1974 (1974 No 66): sections 325(3), 707ZZZU
Wellington, New Zealand:

Published under the authority of the New Zealand Government—2022
391

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Local Government Act 1974

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Local Government Act 1974

8 Temporary members [Repealed] 77

30 Action to be taken after survey taken [Repealed] 81

37RA Minister of Conservation to have certain powers of regional 85

37ZZTI Decisions on review [Repealed] 95

37ZZZK Provisions relating to Orders in Council giving effect to 99

67 Representation of district community council on territorial 106

93 Election of chairman of regional council, united council, county, 109

101M When ward and constituency determinations take effect 112

101ZN Procedures relating to resolution to constitute community 116

101ZZL Levy to pay Authority’s costs [Repealed] 119

122G Considerations related to funding of expenditure needs 129

148 Alteration to system of differential rating [Repealed] 138

164J Refund of or increase in lump sum contribution [Repealed] 142

190 Assessment of tax 151

204 Inspection of documents by electors and others [Repealed] 160

214L Officer holder may decline to accept annual allowance or 163

237B Land for regional planning [Repealed] 169

321 Road access [Repealed] 190

366 Powers of council in relation to regional roads [Repealed] 232

Use of water for motive power

418 Charges for water supplied to constituent authority [Repealed] 238

465 Money payable to council in respect of drainage to be a charge on 252

489 Interpretation [Repealed] 256

Control of drainage channels and land drainage works

517R Obligation of local authority to effect transfer 279

Regional refuse collection and disposal

564 Guarantees by council of portions of mortgages granted for 299

594B Definition of local authority trading enterprise [Repealed] 306

594W Obligation to make statement of corporate intent available 309

594ZUA Unitary authority not to have interest in passenger transport 313

602 Information services [Repealed] 316

Tree planting, gardens, and lawns

636C Application to the Crown [Repealed] 322

644B Council may undertake urban renewal [Repealed] 325

Markets and weighing machines

689 Council to provide copies of bylaws [Repealed] 336

692Y Powers of commission [Repealed] 339

698 General penalty 343

707J Amendments to roll [Repealed] 347

707ZG Refusal disposal sites [Repealed] 351

707ZZZC Proceedings of Infrastructure Auckland [Repealed] 358

707ZZZZ Registers [Repealed] 361

709F Public notice [Repealed] 364

1 Short Title and commencement

Commission means the Local Government Commission established under this

Secretary means the Secretary for Local Government

to adjoin a district or community or another area, notwithstanding that they

2A Functions, powers, and duties of Minister of Local Government

2B Secretary for Local Government

3 Local Government Commission

4 Term of office of members

10 Remuneration, allowances, and expenses

11 Commission may co-opt specialist advice

11A Power of Commission to engage consultants

13 Commission to be a commission of inquiry

14 Evidence in proceedings before Commission

Functions and powers of Commission

15B Duty of Commission to prepare final reorganisation schemes

15C Power of Commission to confirm, in respect of any part of New Zealand,

15D Commission’s obligation to give priority to preparation of final

15E Procedures for preparing final reorganisation schemes