COVID-19 Response (Further Management Measures) Legislation Act 2020

  • Corrections have been made to section 2(2), (3) and Schedule 2 clause 9(10) on 25 May 2020 under section 25(1)(j)(i) and (ii) of the Legislation Act 2012.

Schedule 16 Local Government

s 3

Part 1 Amendment to Freedom Camping Act 2011

1 Amendment to Freedom Camping Act 2011

This Part amends the Freedom Camping Act 2011.

2 New section 13A inserted (Bylaw revocation postponed as result of outbreak of COVID-19)

After section 13, insert:

13A Bylaw revocation postponed as result of outbreak of COVID-19

(1)

Subsection (2) applies instead of section 13(6) during the period starting on the date on which this section comes into force and ending on 30 June 2021.

(2)

A bylaw that is not reviewed as required by section 13, and that is not earlier revoked by the local authority concerned, is revoked on the later of—

(a)

the date that is 2 years after the last date on which the bylaw should have been reviewed under that section; and

(b)

30 June 2021.

(3)

This section is repealed on 1 July 2021.

Part 2 Amendments to Local Electoral Act 2001

3 Amendments to Local Electoral Act 2001

This Part amends the Local Electoral Act 2001.

4 New section 5AA inserted (Temporary definition of public notice as result of outbreak of COVID-19)

After section 5, insert:

5AA Temporary definition of public notice as result of outbreak of COVID-19

(1)

This section provides a temporary definition of public notice, which applies as a result of the outbreak of COVID-19.

(2)

In this Act, unless the context otherwise requires, public notice means a notice that—

(a)

is made available on the local authority’s Internet site until the relevance of the notice, or any opportunity for review or appeal in relation to the matter notified, has lapsed; and

(b)

is published in 1 or more newspapers circulating in the region or district of the relevant local authority.

(3)

However, a local authority is not required to publish a notice in 1 or more newspapers if it is satisfied that, as a result of the outbreak of COVID-19, it is not reasonably practicable to do so, taking into account—

(a)

the cost of publication; and

(b)

the reduced effectiveness of publication.

(4)

This section is repealed on 1 November 2020.

5 New sections 73AB and 73AC inserted

After section 73A, insert:

73AB Adjournment of electoral processes and conduct of polls while epidemic notice in force for COVID-19

(1)

The Governor-General may, by Order in Council, in the period during which the Epidemic Preparedness (COVID-19) Notice 2020 is in force, specify a later date for 1 or more of the following in respect of an election to fill an extraordinary vacancy:

(a)

the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:

(b)

the nomination day:

(c)

the voting period:

(d)

the polling day:

(e)

the date by which anything else may or must be done under this Act or regulations made under this Act.

(2)

The Governor-General may, by Order in Council, in the period during which the Epidemic Preparedness (COVID-19) Notice 2020 is in force, specify a later date for 1 or more of the following in respect of a poll:

(a)

the date by which, or dates during which, a certain qualification entitles an elector to be included on the electoral roll:

(b)

the voting period:

(c)

the polling day:

(d)

the date by which anything else may or must be done under this Act or regulations made under this Act.

(3)

A date specified by an order—

(a)

may be outside the period during which the Epidemic Preparedness (COVID-19) Notice 2020 is in force; but

(b)

must be no more than 6 weeks after the date that would otherwise have applied.

(4)

A date may be specified by an order only if the order commences on or before the date that would otherwise have applied.

(5)

One or more further orders may be made under this section specifying a later date for a matter that has been the subject of an earlier order.

(6)

An order must be made on the recommendation of the Minister.

(7)

Before recommending the making of an order, the Minister—

(a)

must be satisfied, on reasonable grounds, that it is necessary to ensure that the adverse effects of COVID-19, or measures related to COVID-19 such as restrictions on the movement of electors, do not deny electors a reasonable opportunity to cast a valid vote in the election or poll, or to nominate a candidate or accept nomination as a candidate for the election; and

(b)

must have consulted every local authority and electoral officer that will be affected.

(8)

On commencement of an order,—

(a)

a date specified in the order has effect in relation to—

(i)

the election of members of the 1 or more local authorities, local boards, and community boards to which the order applies; or

(ii)

the poll to which the order applies; and

(b)

this Act and any regulations made under it apply to the election or poll with any necessary modifications.

(9)

The relevant electoral officer must, as soon as practicable, give public notice of every change of date made by an order under this section and may give any other notice they consider desirable.

(10)

In subsections (3)(b) and (4), the date that would otherwise have applied, for a further order relating to a matter that has been the subject of an earlier order, means the date that was specified in that earlier order.

Compare: 2001 No 35 s 73A

73AC Repeal and revocation

(1)

Section 73AB and this section are repealed and any orders made under section 73AB are revoked when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

(2)

Those repeals and the revocation of an order made under section 73AB do not affect the completion of anything done or yet to be done under the authority of such an order.

(3)

Subsection (2) does not limit section 18 of the Interpretation Act 1999.

6 New sections 120A to 120C inserted

After section 120, insert:

120A Change of voting period for election to fill extraordinary vacancy in Ōtorohanga District Council during COVID-19 restricted movement period

(1)

This section applies—

(a)

to the election underway to fill the current extraordinary vacancy in the Ōtorohanga ward of the Ōtorohanga District Council; and

(b)

if a COVID-19 restricted movement period is in existence on the day this section comes into force (the existing COVID-19 period).

(2)

Despite any other provision in this Act, the voting period for that election is a period of 22 and a half days starting at least 10 days after the last day of the existing COVID-19 period but is not to begin earlier than 28 May 2020.

(3)

The voting period in subsection (2) may be changed by an Order in Council under section 73AB if 1 or more further COVID-19 restricted movement periods follow the existing COVID-19 period.

(4)

The electoral officer for the Ōtorohanga District Council—

(a)

must give public notice, as soon as practicable after this section comes into force, of the effect of subsection (2); and

(b)

must give public notice, as soon as practicable following the last day of the existing COVID-19 period, of the actual dates for the voting period and polling day (see also section 73AB(9) for the requirement for public notice to be given if dates are changed by Order in Council under that section); and

(c)

may give any other notice they consider desirable.

(5)

In this section, COVID-19 restricted movement period means a period during which the movement of electors for the election described in subsection (1)(a) is restricted to an extent that may deny them a reasonable opportunity to cast a valid vote in the election, or premises on which functions related to that election will be undertaken are required to be closed, because of—

(a)

an order or other restriction under section 70(1) of the Health Act 1956 that relates to COVID-19; or

(b)

an order under section 11 of the COVID-19 Public Health Response Act 2020.

Compare: 2001 No 35 s 73

120B Modification to section 120 if new extraordinary vacancy to be filled by election while epidemic notice in force for COVID-19

(1)

Despite section 120(1)(a), if an extraordinary vacancy is to be filled by an election under section 117(1) before the end date, the chief executive of the relevant local authority may defer giving notice of the vacancy to the relevant electoral officer.

(2)

Before doing so, the chief executive must consult with the electoral officer and must have regard to—

(a)

the need to ensure the safety of voters and electoral officials, including in relation to public health considerations; and

(b)

the extent to which the principles in section 4 can be met in the circumstances; and

(c)

the need to ensure that the election process is free from corrupt or illegal practices; and

(d)

the need to ensure that the election process is concluded in a timely and expeditious manner.

(3)

If a chief executive decides to defer notifying an electoral officer under this section, the chief executive must—

(a)

give public notice of the deferment as soon as practicable, and may give any other notice the chief executive considers desirable; and

(b)

give the notice required by section 120(1)(a) to the electoral officer—

(i)

when the chief executive considers it is appropriate to do so having regard to the matters in subsection (2)(a) to (d); but

(ii)

no later than as soon as practicable after the end date.

(4)

In this section, end date means the date on which the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

Compare: 1993 No 87 s 195C; 2001 No 35 s 73

120C Repeal

(1)

Sections 120A and 120B and this section are repealed when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked.

(2)

Those repeals do not affect the completion of anything done or yet to be done under section 120A or 120B.

(3)

Subsection (2) does not limit section 18 of the Interpretation Act 1999.

Part 3 Amendments to Local Government Act 2002

7 Amendments to Local Government Act 2002

This Part amends the Local Government Act 2002.

Meaning of public notice

8 New section 5A inserted (Temporary definition of public notice as result of outbreak of COVID-19)

After section 5, insert:

5A Temporary definition of public notice as result of outbreak of COVID-19

(1)

This section provides a temporary definition of public notice, which applies (instead of the definition in section 5(1)) as a result of the outbreak of COVID-19.

(2)

In this Act, unless the context otherwise requires, public notice, in relation to a public notice given by a local authority, means a notice that—

(a)

is made publicly available on the local authority’s Internet site until the relevance of the notice, or any opportunity for review or appeal in relation to the matter notified, has lapsed; and

(b)

is published in at least—

(i)

1 daily newspaper circulating in the region or district of the local authority; or

(ii)

1 or more other newspapers that have a combined circulation in that region or district at least equivalent to that of a daily newspaper circulating in that region or district.

(3)

However, a local authority is not required to publish a notice in 1 or more newspapers if it is satisfied that, as a result of the outbreak of COVID-19, it is not reasonably practicable to do so, taking into account—

(a)

the cost of publication; and

(b)

the reduced effectiveness of publication.

(4)

This section is repealed on 1 November 2020.

Special consultative procedure

9 New sections 83B to 83D inserted

After section 83A, insert:

83B Use of special consultative procedure during outbreak of COVID-19

(1)

A local authority that is required, by this Act or any other enactment, to use or adopt the special consultative procedure, may take the modified approach to using the special consultative procedure that is set out in this section.

(2)

When making decisions about the timing and manner of consultation steps in the course of using the special consultative procedure, the local authority may rely on 1 or more of the modifications set out in subsection (4).

(3)

The local authority may take the modified approach at any relevant point of the special consultative procedure if, and only to the extent that, it is satisfied that to do so is necessary or desirable to support measures taken to contain or mitigate the outbreak of COVID-19 or its effects, including, without limitation, by addressing the impacts and consequences of the outbreak for any aspect of the well-being of the community.

(4)

The modifications to the special consultative procedure are as follows:

(a)

the minimum period referred to in section 83(1)(b)(iii) is 7 days:

(b)

the matters set out in section 83(1)(d) and (e) are highly desirable but not mandatory.

83C Long-term plan commencing on 1 July 2021

Section 83B does not apply to the requirement that a local authority use or adopt the special consultative procedure for the long-term plan that must be adopted under section 93 for the period commencing on 1 July 2021.

83D Repeal of sections 83B and 83C and this section

Sections 83B and 83C and this section are repealed on 1 October 2020.

Amendment of long-term plans

10 New section 93DA inserted (Amendments to long-term plan during outbreak of COVID-19)

After section 93D, insert:

93DA Amendments to long-term plan during outbreak of COVID-19

(1)

This section applies to a local authority using the special consultative procedure in making an amendment to the authority’s current long-term plan.

(2)

Despite section 93D(4), the local authority may adopt a consultation document that does not contain a report from the Auditor-General as required by that provision if—

(a)

the proposed amendment of the long-term plan is necessary or desirable to support measures taken to contain or mitigate the outbreak of COVID-19 or its effects including, without limitation, by addressing the impacts and consequences of the outbreak for any aspect of the well-being of the community; and

(b)

the local authority is satisfied that obtaining and including the report will prevent the authority from amending the long-term plan by 30 June 2020.

(3)

This section is repealed on 1 August 2020.

11 New section 94A inserted (Long-term plan amended during outbreak of COVID-19)

After section 94, insert:

94A Long-term plan amended during outbreak of COVID-19

(1)

This section applies to a long-term plan that is amended using a special consultative procedure in which the local authority adopts a consultation document of a kind authorised by section 93DA(2).

(2)

Despite section 94(2), the amended long-term plan is not required to contain a report by the Auditor-General of the kind required by that provision.

(3)

However, the amended long-term plan must contain a statement—

(a)

that the plan incorporates an amendment that has not been audited; and

(b)

that includes the reasons why the amendment was not audited.

(4)

The local authority must include a statement under subsection (3) in the amended long-term plan immediately before the Auditor-General’s report under section 94(1).

(5)

This section is repealed on 1 August 2020.

12 New section 160B inserted (Bylaw revocation postponed as result of outbreak of COVID-19)

After section 160A, insert:

160B Bylaw revocation postponed as result of outbreak of COVID-19

(1)

Subsection (2) applies instead of section 160A during the period starting on the date on which this section comes into force and ending on 30 June 2021.

(2)

A bylaw that is not reviewed as required under section 158 or 159, and that is not earlier revoked by the relevant local authority, is revoked on the later of—

(a)

the date that is 2 years after the last date on which the bylaw should have been reviewed under section 158 or 159; and

(b)

30 June 2021.

(3)

This section is repealed on 1 July 2021.

Transitional, savings, and related provisions

13 Schedule 1AA amended

In Schedule 1AA, after Part 3, insert:

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

22 Special consultative procedure commenced before 17 May 2020

(1)

Subclause (2) applies if, in meeting a requirement to use or adopt the special consultative procedure, a local authority has complied with section 83(1)(b)(i) before 17 May 2020.

(2)

Section 83B does not apply and the local authority must continue and conclude the special consultative procedure set out in section 83 without modification.

(3)

Subclause (4) applies if, in meeting a requirement to use or adopt the special consultative procedure, a local authority has not yet complied with section 83(1)(b)(i) before 17 May 2020.

(4)

Section 83B applies and the local authority may continue and conclude consultation by using the special consultative procedure as modified by that section.

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

(1)

This clause applies if, in meeting a requirement to use or adopt the special consultative procedure, a local authority commences the procedure after 17 May 2020 and complies with section 83(1)(b)(i) before 1 October 2020.

(2)

Despite clause 24 and section 83D, the local authority may continue using the special consultative procedure as modified by section 83B until the procedure is concluded.

24 Repeal of this Part

This Part is repealed on 1 October 2020.

Part 4 Amendment to Local Government Official Information and Meetings Act 1987

14 Amendment to Local Government Official Information and Meetings Act 1987

This Part amends the Local Government Official Information and Meetings Act 1987.

15 New section 2A inserted (Temporary definition of publicly notified as result of outbreak of COVID-19)

After section 2, insert:

2A Temporary definition of publicly notified as result of outbreak of COVID-19

(1)

This section provides a temporary definition of publicly notified, which applies (instead of the definition in section 2(1)) as a result of the outbreak of COVID-19.

(2)

In this Act, unless the context otherwise requires, publicly notified means made known by means of a notice that—

(a)

is made publicly available on the local authority’s Internet site until the relevance of the notice, or any opportunity for review or appeal in relation to the matter notified, has lapsed; and

(b)

is published in at least—

(i)

1 daily newspaper circulating in the region or district of the local authority; or

(ii)

1 or more other newspapers that have a combined circulation in that region or district at least equivalent to that of a daily newspaper circulating in that region or district.

(3)

However, a local authority is not required to publish a notice in 1 or more newspapers if it is satisfied that, as a result of the outbreak of COVID-19, it is not reasonably practicable to do so, taking into account—

(a)

the cost of publication; and

(b)

the reduced effectiveness of publication.

(4)

This section is repealed on 1 November 2020.

Part 5 Amendment to Local Government (Rating) Act 2002

16 Amendment to Local Government (Rating) Act 2002

This Part amends the Local Government (Rating) Act 2002.

17 New section 5A inserted (Temporary definition of public notice as result of outbreak of COVID-19)

After section 5, insert:

5A Temporary definition of public notice as result of outbreak of COVID-19

(1)

This section provides a temporary definition of public notice, which applies (instead of the definition in section 5) as a result of the outbreak of COVID-19.

(2)

In this Act, unless the context otherwise requires, public notice means a notice that—

(a)

is made publicly available on the local authority’s Internet site until the relevance of the notice, or any opportunity for review or appeal in relation to the matter notified, has lapsed; and

(b)

is published in a newspaper circulating generally in the district to which the subject matter of the notice relates.

(3)

However, a local authority is not required to publish a notice in a newspaper if it is satisfied that, as a result of the outbreak of COVID-19, it is not reasonably practicable to do so, taking into account—

(a)

the cost of publication; and

(b)

the reduced effectiveness of publication.

(4)

This section is repealed on 1 November 2020.

Part 6 Amendment to Waste Minimisation Act 2008

18 Amendment to Waste Minimisation Act 2008

This Part amends the Waste Minimisation Act 2008.

19 New section 58A inserted (Temporary bylaw review process as result of outbreak of COVID-19)

After section 58, insert:

58A Temporary bylaw review process as result of outbreak of COVID-19

(1)

Subsection (2) applies instead of section 58(3) during the period starting on the date on which this section comes into force and ending on 30 June 2021.

(2)

For the purposes of section 58(1) and (2), sections 160 and 160B of the Local Government Act 2002 apply, with all necessary modifications.

(3)

This section is repealed on 1 July 2021.