Local Government (Tamaki Makaurau Reorganisation) Act 2009

  • repealed
  • Local Government (Tamaki Makaurau Reorganisation) Act 2009: repealed, on 2 November 2010, by section 8.

Subpart 3Dissolution of existing local authorities and other local government organisations

  • Subpart 3: added, on 15 June 2010, by section 26 of the Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 (2010 No 35).

35 Dissolution of existing local authorities
  • (1) On 1 November 2010, each existing local authority is dissolved and—

    • (a) the functions, duties, and powers of each existing local authority under any enactment become functions, duties, and powers of the Auckland Council; and

    • (b) except in respect of terminating organisations, the interests of each existing local authority in any council-controlled organisation or council organisation become interests of the Auckland Council in the council-controlled organisation or council organisation; and

    • (c) Part 2 of the Local Government (Auckland Transitional Provisions) Act 2010 applies to the employees of each existing local authority; and

    • (d) all property belonging to each existing local authority vests in the Auckland Council; and

    • (e) all information held by each existing local authority is held by the Auckland Council; and

    • (f) all money payable to or by each existing local authority becomes payable to or by the Auckland Council; and

    • (g) all rights, liabilities, contracts, entitlements, and engagements of each existing local authority become rights, liabilities, contracts, entitlements, and engagements of the Auckland Council; and

    • (h) anything done, or omitted to be done, or that is to be done, by, or in relation to, each existing local authority (including, to avoid doubt, the existing community boards of each existing local authority) must be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, the Auckland Council; and

    • (i) proceedings commenced, continued, or enforced by or against each existing local authority may instead be commenced, continued, or enforced by or against the Auckland Council (without amendment to the proceedings); and

    • (j) a matter or thing that would have, but for this section, been completed by an existing local authority must be completed by the Auckland Council.

    (2) To avoid doubt, the dissolution of an existing local authority does not, of itself, affect any of the following matters:

    • (a) any decision made, or anything done or omitted to be done, by the existing local authority in relation to the performance of the authority's functions and duties or the exercise of its powers under any enactment:

    • (b) any proceedings commenced by or against the existing local authority:

    • (c) any other matter or thing arising out of the existing local authority's performance, or purported performance, of the authority's functions and duties, or the exercise, or purported exercise, of its powers under any enactment.

    (3) In subsection (1)(b), interests includes property, rights, liabilities, contracts, entitlements, powers, duties, and functions.

    (4) Subsection (1)(a), (b), and (d) to (j) apply in respect of each existing local authority except to the extent that an Order in Council under section 36 or 37 provides otherwise.

    Section 35: added, on 15 June 2010, by section 26 of the Local Government (Tamaki Makaurau Reorganisation) Amendment Act 2010 (2010 No 35).