Local Government Act 2002

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Schedule 1AA Application, savings, and transitional provisions

s 8A

Schedule 1AA: inserted, on 8 August 2014, by section 68 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Schedule 1AA heading: replaced, on 14 May 2019, by section 14(1) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

Part 1 Provisions relating to Local Government Act 2002 Amendment Act 2014

Schedule 1AA Part 1 heading: inserted, on 14 May 2019, by section 14(2) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

1 Transitional provision relating to triennial agreements

(1)

A triennial agreement that is in force on the date of commencement of section 9 of the Local Government Act 2002 Amendment Act 2014—

(a)

is not required to comply with the requirements of section 15 as replaced by section 9 of the Local Government Act 2002 Amendment Act 2014; but

(b)

may be replaced by a new triennial agreement that does comply with those requirements at any time; and

(c)

must be replaced by a triennial agreement that does comply with those requirements not later than 1 March after the next triennial general election of members.

(2)

A triennial agreement to which subclause (1) applies remains in force until it is replaced by another agreement.

2 Transitional provision relating to delivery of services

(1)

A local authority must complete its first reviews under section 17A in relation to governance, funding, and delivery of any infrastructure, service, or regulatory function within 3 years of the commencement of section 12 of the Local Government Act 2002 Amendment Act 2014.

(2)

Subclause (1) is subject to subsections (2) and (3) of section 17A.

3 Transitional provision relating to scope of local government reorganisations

(1)

The amendments to section 24 and Schedule 3 made by sections 14 and 69 and Schedule 2 of the Local Government Act 2002 Amendment Act 2014 apply to every local government reorganisation for which no final proposal has been publicly notified under clause 22 of Schedule 3 at the date of commencement of those amending sections.

(2)

To avoid doubt, subclause (1) does not limit or affect the obligations and powers of the Local Government Commission under clause 21 of Schedule 3.

4 Transitional provision relating to significance and engagement policy

(1)

A local authority must adopt a significance and engagement policy under section 76AA (inserted by section 20 of the Local Government Act 2002 Amendment Act 2014) no later than 1 December 2014.

(2)

Despite the repeal of section 90, every policy on significance adopted under that section remains in force until a significance and engagement policy is adopted under section 76AA.

(3)

Until a policy is adopted under section 76AA, every reference to such a policy must be treated as a reference to a policy on significance adopted under section 90.

5 Requirement to enter into agreement under clause 30A of Schedule 7

(1)

This clause applies to a local authority that appointed a joint committee under clause 30(1)(b) of Schedule 7 before the date of commencement of clause 30A of Schedule 7 if that committee remains in existence after that date.

(2)

The local authority must, within 12 months of the date of commencement of clause 30A of Schedule 7, enter into an agreement under that clause with every other local authority or public body that has appointed members to that joint committee.

(3)

If an agreement under clause 30A of Schedule 7 is not entered into within the period specified in subclause (2), the joint committee is deemed to be discharged by the local authority.

(4)

Nothing in this clause applies if the joint committee referred to in subclause (1) was constituted or continued by, or required to be constituted or continued by, an enactment other than this Act.

6 Savings provision relating to development contributions made or required before commencement

(1)

Territorial authorities may retain any development contributions made to them before the commencement of this clause, as if the Local Government Act 2002 Amendment Act 2014 had not been enacted.

(2)

The enactment of the Local Government Act 2002 Amendment Act 2014 does not affect the collection of any development contribution that was required before the commencement of this clause.

7 Transitional provision relating to certain consents, certificates, and requests

(1)

This clause applies to an application for a resource consent, building consent, certificate of acceptance, or authorisation for service connection that, at the commencement of this clause,—

(a)

has been submitted to a territorial authority accompanied by all required information; and

(b)

in respect of which a development contribution has yet to be required.

(2)

The application must be dealt with, and any development contribution must be required, collected, and paid, as if the Local Government Act 2002 Amendment Act 2014 had not been enacted.

8 Transitional provision regarding development contributions for community infrastructure
[Repealed]

Schedule 1AA clause 8: repealed, on 14 May 2019, by section 14(3) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

9 Transitional provision relating to development contributions policy

(1)

Until 30 June 2015 a development contributions policy that was in force immediately before the commencement of this clause is not invalid solely because it is inconsistent with this Act as amended by the specified provisions.

(2)

No later than 1 December 2014, the territorial authority must make publicly available the information required by section 82A(2) in respect of changes proposed to comply with subclause (3).

(3)

No later than 30 June 2015, the development contributions policy must be amended to comply with this Act as amended by the specified provisions.

(4)

In this clause, the specified provisions means sections 50, 51(2), and 53 of the Local Government Act 2002 Amendment Act 2014.

(5)

Nothing in this clause limits—

(a)

the application (before, on, or after 30 June 2015) of clause 8; or

(b)

the application of the amendments to this Act made by section 53 of the Local Government Act 2002 Amendment Act 2014.

10 Transitional provision relating to additions to development contributions policy

(1)

Until the date that is 1 month after the date on which sections 57 and 59 of the Local Government Act 2002 Amendment Act 2014 come into force, a development contributions policy that was in force immediately before the commencement of this clause is not invalid solely because it is inconsistent with section 201A or 202A.

(2)

No later than the date referred to in subclause (1), a territorial authority to which section 201A applies must amend its development contributions policy by including a schedule in accordance with that section.

(3)

No later than the date referred to in subclause (1), a territorial authority must amend its development contributions policy to comply with section 202A.

(4)

A territorial authority may make the amendments to its development contributions policy required by subclauses (2) and (3) by resolution without consultation or further formality.

(5)

Nothing in subclause (1) limits clause 8(3).

11 Transitional provision relating to long-term plans

(1)

The repeal of section 84 by section 26 of the Local Government Act 2002 Amendment Act 2014, and the amendments to sections 93 and 94 and Schedule 10 made by sections 30 and 32 and the first 7 items in Schedule 5 of that Act, do not apply to a long-term plan for a period commencing before 1 July 2015, and nothing in this Act requires such a long-term plan to be amended to ensure it complies with those requirements.

(2)

Sections 93A to 93G and 101B, as inserted by sections 31 and 36 of the Local Government Act 2002 Amendment Act 2014, do not apply to a long-term plan for a period commencing before 1 July 2015, and nothing in this Act requires such a long-term plan to be amended to ensure it complies with those requirements.

(3)

The amendments to this Act referred to in subclauses (1) and (2) apply only to long-term plans for the period commencing on 1 July 2015 and subsequent long-term plans.

12 Transitional provision relating to annual plans

(1)

The repeal of section 85 by section 27 of the Local Government Act 2002 Amendment Act 2014, and the amendments to section 95 and Schedule 10 made by section 33 and the 8th and 9th items in Schedule 5 of that Act, do not apply to an annual plan for a period commencing before 1 July 2016, and nothing in this Act requires such an annual plan to be amended to ensure it complies with those requirements.

(2)

Sections 82A(3), 95A, and 95B, as inserted by sections 24 and 34 of the Local Government Act 2002 Amendment Act 2014, do not apply to an annual plan for a period commencing before 1 July 2016, and nothing in this Act requires such an annual plan to be amended to ensure it complies with those requirements.

(3)

The amendments to this Act referred to in subclauses (1) and (2) apply only to annual plans for the period commencing on 1 July 2016 and ending on 30 June 2017 and subsequent annual plans.

13 Transitional provision relating to annual reports

The amendments to Schedule 10 made by the 10th to 13th items in Schedule 5 of the Local Government Act 2002 Amendment Act 2014 apply only to annual reports for the period commencing on 1 July 2013 and ending on 30 June 2014 and subsequent annual reports.

Part 2 Provisions relating to Local Government (Community Well-being) Amendment Act 2019

Schedule 1AA Part 2: inserted, on 14 May 2019, by section 14(4) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

14 Interpretation in this Part

In this Part, 2019 Act means the Local Government (Community Well-being) Amendment Act 2019.

Schedule 1AA clause 14: inserted, on 14 May 2019, by section 14(4) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

15 Transitional provision relating to development contributions for certain community infrastructure

(1)

This clause applies to any work or programme that—

(a)

was not within the definition of community infrastructure as it was immediately before the commencement of section 11 of the 2019 Act, but is within the definition of community infrastructure immediately after the commencement of that section; and

(b)

was completed on or after 8 August 2014 and before the commencement of section 11 of the 2019 Act.

(2)

If a territorial authority amends its development contribution policy to require development contributions in relation to any work or programme described in subclause (1),—

(a)

the work or programme must be separately identified in the schedule required by section 201A; and

(b)

for each work or programme separately identified, instead of the matters specified in section 201A(1)(c) and (d), the schedule must list—

(i)

the proportion of the capital cost of the work or programme that the territorial authority would have proposed to recover through development contributions had it been possible to recover development contributions in respect of all developments that meet the criteria in the amended policy; and

(ii)

the proportion of the capital cost of the work or programme that the territorial authority would have proposed to recover from other sources had it been possible to recover development contributions in respect of all developments that meet the criteria in the amended policy; and

(iii)

based on the proportion specified under subparagraph (i), the amount that would have been recoverable in respect of resource consents granted, building consents granted, and service connections granted before the date on which the amendment to the development contribution policy came into effect (and which therefore cannot be recovered through development contributions); and

(iv)

after taking into account the territorial authority’s inability to recover the amount specified in subparagraph (iii) from development contributions,—

(A)

the adjusted proportion of the capital cost that the territorial authority proposes to recover through development contributions; and

(B)

the adjusted proportion of the capital cost that the territorial authority proposes to recover from other sources.

Schedule 1AA clause 15: inserted, on 14 May 2019, by section 14(4) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

Part 3 Provisions relating to Local Government Act 2002 Amendment Act 2019

Schedule 1AA Part 3: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Transitional provision relating to reporting and publication requirements

Heading: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

16 Delayed effective date for certain reporting and publication requirements

(1)

Despite sections 64(9), 64B(3), 66(5), and 67(4), a local authority is not required to publish a council-controlled organisation’s statement of intent, statement of expectations, half-yearly or quarterly report, or annual report on an Internet site maintained by the local authority before the date that is 3 months after the date of commencement of the Local Government Act 2002 Amendment Act 2019.

(2)

Despite sections 66 and 67(1)(b), a council-controlled organisation is not required to deliver a report to a local authority that indirectly controls the organisation before the date that is 3 months after the date of commencement of the Local Government Act 2002 Amendment Act 2019.

Schedule 1AA clause 16: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Transitional provisions relating to scope of local government reorganisations

Heading: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

17 Interpretation

In this Part,—

relevant amendments means the amendments to subpart 2 of Part 3 and to Schedule 3 made by sections 8 to 14 and 31 of the Local Government Act 2002 Amendment Act 2019

relevant provisions means the provisions in subpart 2 of Part 3 and Schedule 3.

Schedule 1AA clause 17: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

18 Relevant amendments do not apply if final proposal notified before commencement

The relevant amendments do not apply to a local government reorganisation for which a final proposal was publicly notified under clause 22 of Schedule 3 before the repeal of that clause and the commencement of the relevant amendments. The relevant provisions continue to apply as if the relevant amendments had not been made.

Schedule 1AA clause 18: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Reorganisation applications made before 4 April 2019

Heading: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

19 Process if notice of proposal given, but decision not made, before commencement of relevant amendments

(1)

Subclause (2) applies if,—

(a)

before 4 April 2019, the Local Government Commission received a reorganisation application under clause 3 of Schedule 3; and

(b)

before the commencement of the relevant amendments, the Commission—

(i)

had given notice of a draft proposal under clause 20 of Schedule 3; but

(ii)

had not made a decision under clause 21(1) of that schedule in respect of that draft proposal.

(2)

If this subclause applies,—

(a)

the relevant provisions, as amended by the relevant amendments, apply to consideration of the draft proposal as if it were a reorganisation investigation under subpart 2 of Part 1 of Schedule 3; but

(b)

the Commission must complete the consultation required by clause 20 of Schedule 3 as if that clause had not been repealed, before taking any action under Part 2 of Schedule 3.

Schedule 1AA clause 19: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

20 Process if decision to assess application notified before commencement of relevant amendments, but draft proposal not completed

(1)

Subclause (2) applies if,—

(a)

before 4 April 2019, the Local Government Commission received a reorganisation application under clause 3 of Schedule 3; and

(b)

before the commencement of the relevant amendments, the Commission—

(i)

had notified its decision to assess an application under clause 6 of Schedule 3; but

(ii)

had not completed a draft proposal for the affected area under clause 14 of that schedule.

(2)

If this subclause applies,—

(a)

the relevant provisions, as amended by the relevant amendments, apply to the application, and to any alternative applications relating to the application received under clause 10 of Schedule 3, as if each application were a reorganisation initiative under subpart 1 of Part 1 of Schedule 3; but

(b)

the Commission must undertake 1 or more investigations covering the proposals in the application or applications, and clause 5 of Schedule 3 does not apply.

Schedule 1AA clause 20: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Reorganisation applications made after 4 April 2019

Heading: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

21 Process if reorganisation application made between 4 April 2019 and date of commencement of relevant amendments

(1)

Subclauses (2) to (4) apply if the Commission received a reorganisation application under clause 3 of Schedule 3 in the period starting on 4 April 2019 and ending immediately before the commencement of the relevant amendments.

(2)

If the reorganisation application was made by a person, body, or group, other than a local authority or the Minister, the Commission must determine whether the application was made on behalf of a group that comprises at least 10% of electors in the affected area.

(3)

If the Commission determines that the application was not made on behalf of a group that comprises at least 10% of electors in the affected area,—

(a)

the Commission must not assess or continue to assess the application; and

(b)

the Commission must notify the person who submitted the application that—

(i)

the application will not be assessed; but

(ii)

the person may propose a reorganisation initiative or make an investigation request in accordance with subpart 1 of Part 1 of Schedule 3.

(4)

If the Commission determines that the application was made on behalf of a group that comprises at least 10% of electors in the affected area, the application must be progressed as follows:

(a)

in accordance with clause 19(2), if the circumstances described in clause 19(1)(b) apply; and

(b)

in accordance with clause 20(2), if the circumstances described in clause 20(1)(b) apply.

Schedule 1AA clause 21: inserted, on 22 October 2019, by section 30 of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Part 4 Provisions relating to Local Government (Rating of Whenua Māori) Amendment Act 2021

Schedule 1AA Part 4: inserted, on 13 April 2021, by section 78 of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).

22 Delayed effective date of requirement for certain funding and financial policies to support principles in Preamble to Te Ture Whenua Maori Act 1993

(1)

Section 102(3A) (as inserted by section 77 of the Local Government (Rating of Whenua Māori) Amendment Act 2021) does not apply to any policy adopted before the effective date for the relevant policy.

(2)

The policies referred to in section 102(3A) must—

(a)

be reviewed for compliance with that section by the effective date for the relevant policy; and

(b)

be amended or replaced as required in order to achieve compliance with that section on or before the effective date.

(3)

If a local authority amends its revenue and financing policy under section 93(4) before 1 July 2024 solely for the purpose of complying with section 102(3A), the amendment is not required to be audited in accordance with sections 93D(4) and 94.

(4)

In this clause,—

commencement date means the commencement of section 77 of the Local Government (Rating of Whenua Māori) Amendment Act 2021

effective date means,—

(a)

for a revenue and financing policy adopted under section 102(1), 1 July 2024:

(b)

for a policy on development contributions or financial contributions adopted under section 102(1), the date of the completion of the first review of the policy in accordance with section 106(6) that commenced after the commencement date:

(c)

for a policy on the remission and postponement of rates on Māori freehold land adopted under section 102(1), 1 July 2022:

(d)

for any rates remission policy or rates postponement policy adopted under section 102(3), the earlier of—

(i)

1 July 2024; and

(ii)

the date of the completion of the first review of the policy under section 109(2A) or 110(2A) that commenced after the commencement date.

Schedule 1AA clause 22: inserted, on 13 April 2021, by section 78 of the Local Government (Rating of Whenua Māori) Amendment Act 2021 (2021 No 12).

Part 4 Provisions relating to COVID-19 Response (Further Management Measures) Legislation Act 2020

[Repealed]

Schedule 1AA Part 4: repealed, on 1 October 2020, by clause 24.

22 Special consultative procedure commenced before 17 May 2020
[Repealed]

Schedule 1AA clause 22: repealed, on 1 October 2020, by clause 24.

23 Modified special consultative procedure commenced after 17 May but before 1 October 2020
[Repealed]

Schedule 1AA clause 23: repealed, on 1 October 2020, by clause 24.

24 Repeal of this Part
[Repealed]

Schedule 1AA clause 24: repealed, on 1 October 2020, by clause 24.

Part 5 Provisions relating to Water Services Act 2021

Schedule 1AA Part 5: inserted, on 15 November 2021, by section 212 of the Water Services Act 2021 (2021 No 36).

23 Requirements in subpart 1 of Part 7

Despite section 125(3), every territorial authority must complete an assessment of drinking water services in accordance with section 125 by 1 July 2026.

Schedule 1AA clause 23: inserted, on 15 November 2021, by section 212 of the Water Services Act 2021 (2021 No 36).

Part 6 Provisions relating to Water Services Entities Act 2022

Schedule 1AA Part 6: inserted, on 15 December 2022, by section 223 of the Water Services Entities Act 2022 (2022 No 77).

Definitions

Heading: inserted, on 15 December 2022, by section 223 of the Water Services Entities Act 2022 (2022 No 77).

24 Definitions

In this Part,—

bylaw, without limiting the generality of that term as defined in section 5(1), includes—

(a)

a set of bylaws; and

(b)

an individual bylaw in a set of bylaws; and

(c)

a provision within an individual bylaw

establishment date has the meaning in clause 1 of Schedule 1 of the Water Services Entities Act 2022

transition period means the period—

(a)

starting on the day after the date of Royal assent of the Water Services Entities Act 2022; and

(b)

ending at the close of the day before the establishment date

water services bylaw means a bylaw that relates to all or any of the following:

(a)

water supply (as defined in section 6 of the Water Services Entities Act 2022):

(b)

wastewater:

(c)

stormwater.

Schedule 1AA clause 24: inserted, on 15 December 2022, by section 223 of the Water Services Entities Act 2022 (2022 No 77).

Bylaws

Heading: inserted, on 15 December 2022, by section 223 of the Water Services Entities Act 2022 (2022 No 77).

25 Review under section 158 or 159 of water services bylaws may be deferred during transition period

(1)

The local authority may decide to defer a review required by section 158(1) or (2) or 159 if all the following requirements are met:

(a)

the review relates only to a water services bylaw:

(b)

for that bylaw, the 5-year period in section 158(1) or (2)(b) or, as the case requires, the 10-year period in section 159 ends in the transition period:

(c)

the local authority makes the decision in the transition period:

(d)

the local authority gives prompt public notice of the deferral:

(e)

that public notice identifies clearly the bylaw.

(2)

A deferral under subclause (1) has the results specified in subclauses (3) to (5).

(3)

The review is required only if the bylaw is not revoked in the transition period.

(4)

The review, if required, is required no later than the second anniversary of the establishment date.

(5)

For the purposes of section 160A, the last date on which the bylaw should have been reviewed under section 158 or 159 must be taken to be the second anniversary of the establishment date.

(6)

Subclauses (2) to (5) apply despite sections 158, 159, and 160A.

Schedule 1AA clause 25: inserted, on 15 December 2022, by section 223 of the Water Services Entities Act 2022 (2022 No 77).

26 Duty to identify before 1 January 2024 specified water services bylaws

Each local authority must, before 1 January 2024,—

(a)

create a list of every water services bylaw that is—

(i)

made by that local authority; and

(ii)

in force immediately before 1 January 2024; and

(b)

publish the list on an Internet site maintained by or on behalf of the local authority.

Schedule 1AA clause 26: inserted, on 15 December 2022, by section 223 of the Water Services Entities Act 2022 (2022 No 77).

Long-term planning

Heading: inserted, on 15 December 2022, by section 223 of the Water Services Entities Act 2022 (2022 No 77).

27 Long-term planning to exclude water services during establishment period

(1)

This clause applies to the following long-term planning:

(a)

a draft or final long-term plan or an amendment to a long-term plan (under section 93 and Part 1 of Schedule 10), or associated material or documentation:

(b)

a consultation document related to a long-term plan, and information relied on by the content of that document (under sections 93A to 93G):

(c)

a financial strategy (under section 101A):

(d)

an infrastructure strategy (under section 101B).

(2)

That long-term planning must, during the establishment period, exclude any content (for example, any proposals or associated information) relating to water services.

(3)

Examples of content relating to water services include content relating to all or any of the following that is, or are, related to water services:

(a)

activities (for example, delivery of services):

(b)

asset management:

(c)

funding arrangements:

(d)

infrastructure.

(4)

This clause does not affect or limit subpart 2 of Part 1 of Schedule 1 of the Water Services Entities Act 2022, including, without limitation,—

(a)

transitional requirements for water services entities’ asset management plans and funding and pricing plans during the establishment period:

(b)

any duty of local government organisations under that subpart to co-operate with the department and water services entities.

Schedule 1AA clause 27: inserted, on 15 December 2022, by section 223 of the Water Services Entities Act 2022 (2022 No 77).