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Legislative Reviews › Local Government Act Review › Local Government Related Acts 2006

The Local Government Law Reform Bill (LGLRB) was read for the third time on Thursday 22 June 2006.

The LGLRB received its first reading on 5 April 2006 and was referred to the Local Government and Environment Select Committee. The Committee received submissions and reported back to Parliament on 12 June 2006. The LGLRB was read for a second time on 15 June and referred to the Committee of the House for debate. The LGLRB was split into its eight constituent parts before the third reading, to enact the:

These Acts received Royal assent on the 27 June 2006 and came into force on 28 June 2006, except:
  • Section 7 of the Local Government Act 2002 Amendment Act, which came into force on 14 October 2007, in relation to local governance statements, which must contain information on bylaws; and
  • The Rates Rebate Amendment Act 2006, which came into force on 1 July 2006.

The main amendments of interest (the remainder being minor amendments to correct drafting and cross references between provisions) include:


Dog Control Amendment Act 2006

Link here to copy of the Act: Microchipping
  • Provides that working farm dogs under the definition in section 2(b)(ii) of the Act (i.e. dogs kept solely or principally for the purposes of herding or driving stock) are exempt from microchipping. All other types of working dogs are not exempt.
  • Provides that the costs of microchipping impounded dogs can be recovered by a territorial authority (TA) from the owner of, or person claiming, the dog.

Dangerous and Menacing dogs
  • Clarifies that a dangerous or menacing dog classification applies throughout New Zealand;
  • Provides that a TA can require neutering of a menacing dog that has moved into its area;
  • Provides that, unless there are exceptional circumstances, a TA must classify a dog as dangerous or menacing if its owner is convicted of an offence under section 57 but a Court has not ordered its destruction.

Dog control policies
  • Introduces the requirement that a TA reconsider the effectiveness of its dog control policy when it reviews its dog control bylaws under the Local Government Act 2002;
  • Clarifies that a TA dog control policy must state its approach to neutering menacing dogs (note: a TA only has to add this into its policy when it next reviews it and that it would be sufficient for this to state simply "all menacing dogs will be/will not be neutered”).

Enforcement and offence provisions
  • Updates the general power of entry into a dwelling house under section 14;
  • Clarifies that dogs seized under section 15 can be disposed of (via new section 71A) in the same way as dogs seized/impounded under other sections of the Act, subject to a right of appeal;
  • Creates a new offence for a false written declaration that a dog is dead;
  • Some new infringement offences (relating to sections 23A, 24, 33EC, 33F, 41A, 55, 62 and 72) have been added to Schedule 1.

Some other changes
  • The terms “companion dog”, “guide dog” and “hearing ear dog” are replaced by a generic term “disability assist dog”;
  • Dogs trained by the Mobility Assistance Dogs Trust have been added to this category;
  • Introduces a new regulatory process for the recognition of other types of disability assist dogs in the future;
  • Clarifies that a TA may hold records relating to infringement fees and court fines until the entire fee or fine is paid;
  • Clarifies that a TA can hold information on its register on any dog known or believed to be kept in its area – not just registered dogs; and
  • Clarifies the circumstances in which registration fees become payable on a pro-rata basis under section 38 of the Act.

Litter Amendment Act 2006

Link here to copy of the Act:
  • Increased maximum penalties for offences under sections 10, 13, 15, 16 and 17;
  • Clarifies that offences under all sections (except section 16 and 17(1)(a)) are strict liability offences;
  • Introduces statutory defences to strict liability offences; and
  • Clarifies that TAs may retain infringement fees received in respect of notices issued by litter control officers appointed by that authority.

Local Electoral Amendment Act 2006

Link here to copy of the Act: (minor drafting corrections)


Local Government Act 2002 Amendment Act 2006

Link here to copy of the Act:
  • Introduces a generic definition of ‘bylaws made under any enactment’;
  • Clarifies that the Minister of Local Government may recommend that Council-controlled organisations (CCOs) subject to statutory monitoring and reporting requirements that in the Minister’s opinion are of a similar nature and effect to the requirements of the Local Government Act 2002, be exempt from those requirements;
  • Clarifies that local authorities may make donations outside of their district or region or outside of New Zealand in certain circumstances, and share their experience and expertise with local government bodies outside of New Zealand;
  • Requires the inclusion of information on bylaws in local governance statements (for statements made on or after 14 October 2007);
  • Exempts CCOs established in the last 6 months of the financial year from the requirement to have a Statement of Intent, for the remainder of that financial year;
  • Clarifies that the special consultative procedure is required when making, amending or revoking a bylaw;
  • Clarifies that the prohibition on borrowing in foreign currency does not apply to incidental arrangements in relation to an investment in a foreign currency;
  • Clarifies that a local authority must consult before agreeing to the sale or disposal of a park and that disposal includes granting a lease of more that 6 months that has the effect of excluding or substantially interfering with public access to the park;
  • Clarifies that regional park land owned by a regional council and subject to the Reserves Act 1977 may be included in an Order in Council for its protection in perpetuity, and requiring the use of the special consultative procedure before disposal of regional park land under section 139(4);
  • Amendments to sections 151, 155, 156, 158, 159, 160 and new 160A clarifying the processes and time frames applicable to reviewing, amending and revoking bylaws under the Local Government Acts of 2002 and 1974;
  • Relocates the definition of ‘community facilities’ from section 5 to section 197 to be closer to the sections in the Act to which it is relevant;
  • Clarifies that TAs can require a development contribution ‘when granting’ a resource consent, building consent or authorisations for a service connection, and that a development contribution does not give rise to any right of objection or appeal under the Resource Management Act 1991 or in respect of a determination under the Building Act 2004;
  • Clarifies that 2 or more Justices of the Peace have jurisdiction in respect of offences under section 147 (liquor ban bylaws) of the Local Government Act 2002;
  • Clarifies that bylaws to which section 293 applies that are not revoked or do not expire before 1 July 2008 are revoked on that date;
  • Clarifies that delegations to a local authority officer under Schedule 7, include delegations to the office holder or the named person who holds that office;
  • Requires that local authorities include their definition of ‘separately used or inhabited part of a property’ in Financial Impact Statement if they intend to rate on that basis; and
  • Includes transitional provisions to provide that this enactment does not apply to LTCCPs to which section 280 applies, but does apply to subsequent amendments.

Local Government Act 1974 Amendment Act 2006

Link here to copy of the Act:
  • Introduces a simplified process for the removal of abandoned cars for vehicles that meet specified criteria.


Local Government (Rating) Amendment Act 2006

Link here to copy of the Act:
  • Clarifies the process for objecting to rating valuations and consequences of an objection;
  • Includes transitional provisions in respect of valuation objections commenced before the Act came into force;
  • Introduces the ability for local authorities to invite ratepayers to join lump sum contribution schemes, that ratepayers may elect to join, and the consequences that flow from those decisions; and
  • Includes transitional provisions to provide that this enactment does not apply to LTCCPs to which section 280 applies, but does apply to subsequent amendments.


Rates Rebate Amendment Act 2006

Link here to copy of the Act:
  • Clarifies that uniform annual general charges are rates for the purposes of calculating a rates rebate under the Act; and
  • Includes liability for postponed rates for the purposes of calculating a rates rebate under the Act.


Land Transport Amendment Act 2006 (No.2)

Link here to copy of the Act:
  • Clarifies that Transit and local authorities are enforcement authorities in respect of infringement notices issued in relation to the use of a special vehicle lane;
  • Clarifies that the Minister of Finance may from time to time agree to the portion of such infringement fees that Transit and local authorities are entitled to retain; and
  • Specifies that these amendments be repealed on 1 July 2009.
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