Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Local Government (Auckland Council) Bill (Consistent) [2009] NZBORARp 28 (8 May 2009)

Last Updated: 28 April 2020

Local Government (Auckland Council) Bill

8 May 2009

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: LOCAL GOVERNMENT (AUCKLAND COUNCIL) BILL

1. We have considered whether the Local Government (Auckland Council) Bill (PCO 13728/5.0) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘Bill of Rights Act’). We understand that this Bill is likely to be considered by Cabinet at its meeting on Monday, 11

May 2009.

2. The Bill provides for the governance structure of the Auckland Council that is proposed to be established under the Local Government (Auckland Reorganisation) Bill. The Bill includes provisions on the establishment of the governing body of the Auckland Council, the election of its members, the role and powers of the Mayor of Auckland, and the establishment of local boards, their status, membership, functions, duties and powers.

3. The Bill also sets out the matters relating to the structure, functions, powers, and duties of the Auckland Council that differ from the general provisions applying to local authorities under the Local Government Act 2002.

4. The Bill also provides the Local Government Commission with the necessary powers and functions to determine, inter alia:

• the boundaries of Auckland

• the names and boundaries of the 12 wards of Auckland

• the number and names of local board areas and their boundaries

• the number of elected members of the local board for each of the local board areas, and

• the boundaries of any electoral subdivisions of local board areas.

5. We have reached the conclusion that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

Helen Wyn General Manager Public Law

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Local Government (Auckland Council) Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of

legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.