Canterbury Earthquake (Local Government Act 2002) Order 2010

  • revoked
  • Canterbury Earthquake (Local Government Act 2002) Order 2010: revoked (after expiring on the close of 31 December 2011), on 19 April 2016, by section 146(2) of the Greater Christchurch Regeneration Act 2016 (2016 No 14).

Reprint as at 19 April 2016

Coat of Arms of New Zealand

Canterbury Earthquake (Local Government Act 2002) Order 2010

(SR 2010/317)

Canterbury Earthquake (Local Government Act 2002) Order 2010: revoked (after expiring on the close of 31 December 2011), on 19 April 2016, by section 146(2) of the Greater Christchurch Regeneration Act 2016 (2016 No 14).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 16th day of September 2010

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Department of Internal Affairs.

Pursuant to section 6 of the Canterbury Earthquake Response and Recovery Act 2010, His Excellency the Governor-General makes the following order acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the relevant Minister made in accordance with section 6(2) of that Act.

Order

1 Title

This order is the Canterbury Earthquake (Local Government Act 2002) Order 2010.

2 Commencement

This order is deemed to have come into force on 4 September 2010.

3 Expiry

This order expires on the close of 31 December 2011.

Clause 3: amended, on 19 April 2011, by section 90 of the Canterbury Earthquake Recovery Act 2011 (2011 No 12).

4 Exemption from certain provisions of Local Government Act 2002

(1)

While this order is in force, the Canterbury Regional Council, Christchurch City Council, Selwyn District Council, and Waimakariri District Council are exempt from the following provisions of the Local Government Act 2002:

(a)

section 76 (but not in relation to sections 81 and 82):

(b)

sections 77 to 80:

(c)

section 97(1)(a):

(d)

section 101(3):

(e)

section 102(4), but only in relation to the policies referred to in subsection (3) of that section.

(2)

While this order is in force, section 101(1) and (2) of the Local Government Act 2002 do not prevent a council referred to in subclause (1) from doing anything inconsistent with its annual plan or long-term council community plan.

(3)

Subclauses (1) and (2) apply only to the extent that a decision, act, or omission to act is, directly or indirectly, necessary or desirable to further 1 or more of the purposes of the Canterbury Earthquake Response and Recovery Act 2010 as set out in section 3 of that Act.

Clause 4(1)(c): substituted, on 27 November 2010, by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Clause 4(1)(e): substituted, on 27 November 2010, by section 50 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 16 September 2010.

Reprints notes
1 General

This is a reprint of the Canterbury Earthquake (Local Government Act 2002) Order 2010 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Greater Christchurch Regeneration Act 2016 (2016 No 14): section 146(2)

Canterbury Earthquake Recovery Act 2011 (2011 No 12): section 90

Local Government Act 2002 Amendment Act 2010 (2010 No 124): section 50