Local Government Act 1974
and 2002
To a large extent, the Local Government Act
1974 has largely been superseded by the
Local Government Act 2002. However there are
parts of the 1974 Act that are still active
today.
Local
Government Act 1974
The Local
Government Act 1974 has largely been
superseded by the 2002 Local Government Act.
I am unsure why the 2002 Act did not have
the remaining 1974 sections incorporated
into it as it confuses several people. The
section of the 1974 Act that are still
active are:
-
Section
37SE - 37SH, regarding the Auckland
Regional Growth Strategy.
-
Part 11
- Local Authorities petroleum tax,
sections 181 - 200.
-
Part 21
- Roads (other than regional roads),
service lanes and accessways. Sections
315 - 319B, 323 - 324B, 326, 327A, 329 -
342A and 344 - 361.
-
Part 26
- Sewerage and stormwater, Sections 446
- 447. Private drains, section 459 -
462, 467 - 468.
-
Part 29
- Land drainage and rivers clearance,
sections 501F - 517.
-
Part
29A - Divestment of land drainage
schemes and water races, sections 527A -
517ZM.
-
Part 31
- Waste Management, sections 537 - 544.
-
Part 34
- Public services, section 591 - 591A.
-
Part
39A - Navigation, sections 650A - 650K.
-
Part 43
- Bylaws, section 684B - 684F.
-
Part 44
- Offences and Legal Proceedings,
sections 698 - 699B.
-
Schedule 6, 7, 8, 12, 13 and 14
-
Schedule 10 - Stopping of Roads.
From a land
development point of view, the important
sections that remain relate to the Auckland
Regional Growth Strategy, roading, sewerage,
stormwater and land drainage.
The Auckland
Regional Growth
Strategy may include
—
(a) Identification
of the
anticipated
and
preferred
locations of
growth
within the
Auckland
Region.
(b) A
statement of
key values
for
considering
growth
issues.
(c) Information
about future
growth to
assist
regional
providers of
infrastructure
to plan to
meet future
requirements.
The roading
sections deal
with the
different types
of roading
available,
including
service lanes
and access ways.
Also right of
way applications
are made under
section 348 of
the Local
Government Act
1974.
The process is
also set out
under the 10th
Schedule for the
stopping of a
road under the
1974 Act.
If there is a
building line
restriction on
your property,
and you need to
have this
cancelled, an
application
needs to be made
under section
327A of the 1974
Act.
Local Government Act 2002
The Local
Government Act 2002 was enacted in under the
pre-Christmas urgency on December 19th 2002.
Prior to
its enactment, the Local Government Bill was
the first comprehensive review of the local
government laws since the 1974 enactment. The 1974 Act had become a mix of
ideas from the 1950's to the end of the
1990's. With over 100 amendments, the 1974
Act had gained a complex set of references
with references such as section 37ZZZQ and
section 594ZPA.
The 2002
Act has now taken on a less prescriptive role
allowing each Council to make it own choices
instead of being controlled through an Act.
For example under the 1974 Act there were
controls over the town clock.
The 2002
Act also brought about a purpose for local
government, which more closely matched the
purpose of the
Resource Management Act.
10 Purpose
of local
government
The purpose
of local
government
is—
(a) to
enable
democratic
local
decision-making
and
action
by,
and
on
behalf
of,
communities;
and
(b) to
promote
the
social,
economic,
environmental,
and
cultural
well-being
of
communities,
in
the
present
and
for
the
future.
Under the
2002 Act
there is now
greater
accountability
between a
council and
their
community.
Under Part 6
of the 2002
Act a
long-term
focus for
the
decisions
and
activities
of the local
authority
were
established.
This
included
requirements
for a
Council to
discuss
their plans
on at least
a 6 yearly
basis, and
to identify
community
outcomes for
the
immediate
and long
term future
of the city,
district or
region.
The Councils
role is to
facilitate
the process,
while the
community
decides the
outcomes of
the process.
By
identifying
the
communities
desired
outcomes,
the Council
can then
achieve more
relevant
discussions
and decision
making from
other
organisations.
Also the
2002 Act
introduces
the concept
of the Long
Term Council
Community
Plan
(LTCCP). The
LTCCP is
prepared
every 10
years, and
is reviewed
every 3
years. The
LTCCP
describes
the
community
outcomes and
priorities
and how the
Council will
undertake to
contribute
to the
outcomes.
From a land
development
point of
view, the
LTCCP can
provide
useful
information
in support
of a Council
or private
individual
making
applications
for Plan
Changes
under the
Resource
Management
Act. Also
the LTCCP
can be
beneficial
in making
decisions on
effects
under
section 104
(1)(c)
(other
matters to
consider in
determining
an
application)
on notified
resource
consent.
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information on other Acts of Parliament,
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