Local Government Act 2002

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs
5 Interpretation

(1)

In this Act, unless the context otherwise requires,—

activity—

(a)

means goods or a service provided by, or on behalf of, a local authority or a council-controlled organisation; and

(b)

includes—

(i)

the provision of facilities and amenities; and

(ii)

the making of grants; and

(iii)

the performance of regulatory and other governmental functions; and

(c)

also includes, in section 106, subpart 5 of Part 8, and Schedule 13, the construction of eligible infrastructure that has been, or is intended to be, transferred by a responsible SPV to a responsible infrastructure authority under section 90 of the Infrastructure Funding and Financing Act 2020

affected,—

(a)

in relation to a local authority, means a local authority whose district or region is or contains an affected area:

(b)

in relation to a territorial authority, means a territorial authority whose district is or contains an affected area

affected area has the same meaning as in clause 2 of Schedule 3

annual plan means an annual plan adopted under section 95

bylaw means a bylaw made by a local authority under any enactment

capital project has the meaning given to it in section 5 of the Local Government (Rating) Act 2002

capital value has the meaning set out in section 2 of the Rating Valuations Act 1998

Commission,—

(a)

other than in Part 10, means the Local Government Commission continued under section 28:

(b)

in Part 10, has the meaning given by section 256

committee includes, in relation to a local authority,—

(a)

a committee comprising all the members of that local authority; and

(b)

a standing committee or special committee appointed by that local authority; and

(c)

a joint committee appointed under clause 30 of Schedule 7; and

(d)

any subcommittee of a committee described in paragraph (a) or paragraph (b) or paragraph (c)

community means, subject to subsection (2), a community constituted under Schedule 6

community board means a community board established under section 49

community facilities has the meaning set out in section 197(2)

community outcomes means the outcomes that a local authority aims to achieve in order to promote the social, economic, environmental, and cultural well-being of its district or region in the present and for the future

council-controlled organisation has the meaning set out in section 6

council-controlled trading organisation has the meaning set out in section 6

council organisation has the meaning set out in section 6

development contribution has the meaning set out in section 197(2)

development contribution policy has the meaning set out in section 197(2)

discretionary function means any activity or service that a local authority is not specifically authorised or required to undertake or provide by or under an enactment but that is instead provided by the local authority in accordance with its discretionary power under section 12(2)

district means the district of a territorial authority

enforcement officer means a person appointed by a local authority to exercise the powers of an enforcement officer in relation to offences against, and infringement offences under, this Act, including enforcement of the bylaws of the local authority

eligible infrastructure has the same meaning as in section 8 of the Infrastructure Funding and Financing Act 2020

equity security has the same meaning as in section 8 of the Financial Markets Conduct Act 2013

financial year means a period of 12 months ending on 30 June

generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

good-quality, in relation to local infrastructure, local public services, and performance of regulatory functions, means infrastructure, services, and performance that are—

(a)

efficient; and

(b)

effective; and

(c)

appropriate to present and anticipated future circumstances

governing body,—

(a)

in the case of a regional council, means the body described in section 41(1); and

(b)

in the case of a territorial authority, means the body described in section 41(2)

group of activities means 1 or more related activities provided by, or on behalf of, a local authority or council-controlled organisation

Internet site, in relation to a local authority or other person or entity, means an Internet site that is maintained by, or on behalf of, the local authority, person, or entity and to which the public has free access

land value has the meaning set out in section 2 of the Rating Valuations Act 1998

levy area has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020

levy order has the same meaning as in section 7 of the Infrastructure Funding and Financing Act 2020

local authority means a regional council or territorial authority

local board means—

(a)

a local board established by Order in Council under section 25; or

(b)

a local board established under section 10 of the Local Government (Auckland Council) Act 2009

local board agreement means—

(a)

an agreement referred to in section 48O; or

(b)

an agreement specified in section 21 of the Local Government (Auckland Council) Act 2009

local board area means—

(a)

an area specified by Order in Council under section 25 as a local board area; or

(b)

an area specified by Order in Council under section 35 of the Local Government (Auckland Council) Act 2009 as a local board area

local board funding allocation means the total funds in respect of which a local board has decision-making discretion allocated in accordance with—

(a)

the unitary authority’s local boards funding policy adopted under section 48M; or

(b)

the Auckland Council’s local boards funding policy adopted under section 19 of the Local Government (Auckland Council) Act 2009

local board plan means the plan that each local board is required to adopt under—

(a)

section 48N; or

(b)

section 20 of the Local Government (Auckland Council) Act 2009

local government organisation has the meaning set out in section 124

long-term plan means a long-term plan adopted under section 93

lump sum contribution has the meaning given to it in section 5 of the Local Government (Rating) Act 2002

mayor means the mayor of a territorial authority elected under the Local Electoral Act 2001

member,—

(a)

in relation to a community board, means a member appointed to that board or elected to that board under the Local Electoral Act 2001:

(b)

in relation to the Commission, means a member of the Local Government Commission:

(c)

in relation to a local authority, means a member of the governing body of the local authority elected under the Local Electoral Act 2001:

(ca)

in relation to a local board, means a member appointed to that board or elected to that board under the Local Electoral Act 2001, including the chairperson:

(d)

in relation to a regional council, means a member of the governing body of the regional council elected under the Local Electoral Act 2001, including the chairperson:

(e)

in relation to a territorial authority, means a member of the governing body of the territorial authority elected under the Local Electoral Act 2001, including the mayor

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

natural hazard has the meaning given to it in section 2(1) of the Resource Management Act 1991

network infrastructure has the meaning set out in section 197(2)

operating expenses and operating revenues have the same meaning as under generally accepted accounting practice

pecuniary interest, in relation to a member, means a matter or activity of financial benefit to the member

pecuniary interest return means the return required to be made under section 54C

permanent committee means a committee of 1 or more local authorities that is established or continued by an enactment and that cannot be disestablished or discharged by the local authority or local authorities

protected Māori land has the same meaning as in section 11 of the Infrastructure Funding and Financing Act 2020

public notice, in relation to a notice given by a local authority, means one that—

(a)

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

publicly available, in relation to a document or other information, has the meaning set out in subsection (3)

rating unit means a rating unit for the purposes of the Rating Valuations Act 1998

region—

(a)

means the region of a regional council; and

(b)

includes the district of a territorial authority, if the territorial authority is a unitary authority

regional council means a regional council named in Part 1 of Schedule 2

remuneration and employment policy means a policy adopted by a local authority under clause 36A of Schedule 7

reorganisation implementation scheme has the meaning set out in clause 2 of Schedule 3

reorganisation plan has the meaning set out in clause 2 of Schedule 3

reserve fund means money set aside by a local authority for a specific purpose

resource consent has the meaning set out in section 197(2)

Secretary means the Secretary for Local Government

significance, in relation to any issue, proposal, decision, or other matter that concerns or is before a local authority, means the degree of importance of the issue, proposal, decision, or matter, as assessed by the local authority, in terms of its likely impact on, and likely consequences for,—

(a)

the current and future social, economic, environmental, or cultural well-being of the district or region:

(b)

any persons who are likely to be particularly affected by, or interested in, the issue, proposal, decision, or matter:

(c)

the capacity of the local authority to perform its role, and the financial and other costs of doing so

significant, in relation to any issue, proposal, decision, or other matter, means that the issue, proposal, decision, or other matter has a high degree of significance

special consultative procedure means the procedure set out in section 83

SPV means a responsible SPV that is identified by a levy order made under the Infrastructure Funding and Financing Act 2020 as having responsibility for the construction of eligible infrastructure

statutory obligation means any responsibility, duty, or legal obligation conferred by or under any Act, and includes any powers associated with that responsibility, duty, or legal obligation

strategic asset, in relation to the assets held by a local authority, means an asset or group of assets that the local authority needs to retain if the local authority is to maintain the local authority’s capacity to achieve or promote any outcome that the local authority determines to be important to the current or future well-being of the community; and includes—

(a)

any asset or group of assets listed in accordance with section 76AA(3) by the local authority; and

(b)

any land or building owned by the local authority and required to maintain the local authority’s capacity to provide affordable housing as part of its social policy; and

(c)

any equity securities held by the local authority in—

(i)

a port company within the meaning of the Port Companies Act 1988:

(ii)

an airport company within the meaning of the Airport Authorities Act 1966

territorial authority means a city council or a district council named in Part 2 of Schedule 2

unitary authority means a territorial authority that has the responsibilities, duties, and powers of a regional council conferred on it under—

(a)

the provisions of any Act; or

(b)

an Order in Council giving effect to a reorganisation plan

wastewater has the meaning given to wastewater services in section 124

water race means the land occupied by a water channel (other than a main river)—

(a)

constructed—

(i)

by or under the authority of a local authority:

(ii)

in, upon, or through land for the supply of water; and

(b)

to be used—

(i)

solely or principally for farming purposes; or

(ii)

in the case of an existing water race, for any other purpose for which water from that water race may be used at the commencement of this section; and

(c)

includes—

(i)

a branch of a water race taken or made through land for the purpose of supplying water as referred to in paragraph (b); and

(ii)

an alteration, extension, or widening of a water race or branch water race, whether done by the local authority or by any person with the approval of the local authority; and

(iii)

a flood or other bank, or a dam, sluice, flume, bridge, gauge, meter, reservoir, or other waterworks relating to, or forming part of, a water race; and

(iv)

buildings and machinery, pipes, and other materials on the land and within the limits of a water race or relating to, or used in connection with, a water race

waterworks, in relation to the provision of water supply, includes—

(a)

rivers, streams, lakes, waters, and underground waters, and rights relating to these; and

(b)

land, watershed, catchment, and water collection areas; and

(c)

if vested in a local government organisation, or acquired, constructed, or operated by, or under the control of, a local government organisation,—

(i)

reservoirs, dams, bores, tanks, and pipes; and

(ii)

buildings, machinery, and appliances

working day means a 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

(b)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(c)

the day observed in the appropriate area as the anniversary of the province of which the area forms a part; and

(d)

a day in the period commencing with 20 December in any year and ending with 10 January in the following year.

(2)

The meaning given to the term community by subsection (1) does not apply in relation to—

(a)

section 3; or

(b)

the definition of the term long-term plan; or

(c)

any of the provisions of Parts 2 and 6; or

(d)

any of the provisions of Schedules 10 and 11; or

(e)

any other provisions of this Act in respect of which the context otherwise requires.

(3)

If a local authority or a council-controlled organisation is required under this Act to make a document or other information publicly available, it must take reasonable steps to—

(a)

ensure that the document or other information or a copy of the document or other information is accessible to the general public in a manner appropriate to the purpose of the document or other information, including, where practicable, on the local authority’s Internet site; and

(b)

publicise, in a manner appropriate to the purpose and significance of the document or other information, both the fact that the document or other information is available and the manner in which the document or other information may be accessed.

Section 5(1) activity: replaced, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 5(1) affected: replaced, on 8 August 2014, by section 4(2) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) affected area: inserted, on 5 December 2012, by section 5(9) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) bylaw: inserted, on 28 June 2006, by section 4(1) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Section 5(1) capital project: inserted, on 28 June 2006, by section 15(1) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).

Section 5(1) capital value: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) Commission: replaced, on 5 December 2012, by section 5(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) community facilities: substituted, on 28 June 2006, by section 4(2) of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

Section 5(1) community facilities: amended, on 5 December 2012, by section 5(2) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) community infrastructure: repealed, on 8 August 2014, by section 4(3) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) community outcomes: replaced, on 14 May 2019, by section 5(1) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

Section 5(1) development contribution: amended, on 5 December 2012, by section 5(5) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) development contribution policy: amended, on 5 December 2012, by section 5(6) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) discretionary function: inserted, on 22 October 2019, by section 4(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Section 5(1) eligible infrastructure: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 5(1) equity security: replaced, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 5(1) generally accepted accounting practice: replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 5(1) good-quality: replaced, on 14 May 2019, by section 5(2) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

Section 5(1) governing body: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) Internet site: inserted, on 21 March 2019, by section 14(1) of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).

Section 5(1) land value: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) levy area: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 5(1) levy order: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 5(1) local board: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) local board agreement: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) local board area: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) local board funding allocation: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) local board plan: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) long-term council community plan: repealed, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 5(1) long-term plan: inserted, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 5(1) lump sum contribution: inserted, on 28 June 2006, by section 15(1) of the Local Government (Rating) Amendment Act 2006 (2006 No 28).

Section 5(1) member paragraph (ca): inserted, on 8 August 2014, by section 4(4) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) natural hazard: inserted, on 27 November 2010, by section 4(2) of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 5(1) network assets of Watercare Services Limited: repealed, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 5(1) network infrastructure: amended, on 5 December 2012, by section 5(7) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) pecuniary interest: inserted, on 20 November 2022, by section 5 of the Local Government (Pecuniary Interests Register) Amendment Act 2022 (2022 No 24).

Section 5(1) pecuniary interest return: inserted, on 20 November 2022, by section 5 of the Local Government (Pecuniary Interests Register) Amendment Act 2022 (2022 No 24).

Section 5(1) permanent committee: inserted, on 22 October 2019, by section 4(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Section 5(1) protected Māori land: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 5(1) public notice: replaced, on 21 March 2019, by section 14(2) of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).

Section 5(1) publicly available: amended, on 8 August 2014, by section 4(5) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) rating unit: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) remuneration and employment policy: inserted, on 5 December 2012, by section 5(9) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) reorganisation implementation scheme: inserted, on 22 October 2019, by section 4(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Section 5(1) reorganisation plan: inserted, on 22 October 2019, by section 4(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Section 5(1) reorganisation proposal: repealed, on 5 December 2012, by section 5(10) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) reorganisation scheme: repealed, on 5 December 2012, by section 5(10) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 5(1) reserve fund: inserted, on 27 November 2010, by section 4(2) of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 5(1) resource consent: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) significance paragraph (a): replaced, on 14 May 2019, by section 5(3) of the Local Government (Community Well-being) Amendment Act 2019 (2019 No 17).

Section 5(1) SPV: inserted, on 7 August 2020, by section 161 of the Infrastructure Funding and Financing Act 2020 (2020 No 47).

Section 5(1) statutory obligation: inserted, on 8 August 2014, by section 4(1) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) strategic asset paragraph (a): amended, on 8 August 2014, by section 4(6) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(1) unitary authority: amended, on 22 October 2019, by section 4(2) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).

Section 5(1) waterworks: substituted, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 5(1) working day: replaced, on 21 March 2019, by section 14(3) of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).

Section 5(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 5(2)(b): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).

Section 5(3): replaced, on 8 August 2014, by section 4(7) of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 5(3)(a): amended, on 21 March 2019, by section 14(4) of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).