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LGA 2002 Latest News





1 July 2004

Introduction

We are pleased to advise that both the Local Government Law Reform (No. 3) Bill and the Local Government (Auckland) Amendment Bill passed their third readings in the House under urgency on Wednesday 30 June.

The Local Government (Auckland) Amendment Bill received the received royal assent today to become the Local Government (Auckland) Amendment Act 2004, and the bills split off from the Local Government Law Reform (No. 3) Bill are excepted to receive royal assent in the near future.

Local Government Law Reform (No. 3) Bill


The Local Government Law Reform (No. 3) Bill was split into seven separate bills; each amending one of the seven Acts mentioned in the Bill. These new Acts will be:

  • Chatham Islands Council Amendment Act 2004
  • Dog Control Amendment Act 2004
  • Local Electoral Amendment Act 2004
  • Local Government Act 2002 Amendment Act 2004
  • Local Government Act 1974 Amendment Act 2004
  • Local Government Official Information and Meetings Amendment Act 2004
  • Local Government (Rating) Amendment Act 2004

Most of the amendments contained in these bills were technical in nature. A Supplementary Order Paper made one significant amendment to the Local Government Act 2002, during Parliaments committee stage. This enables local authorities to provide in their standing orders for a casting vote, in any circumstances where there is an equality of votes. This amendment will apply to both council and council committee meetings.

If you have any queries concerning the Local Government Law Reform (No. 3) Bill, please contact Fiona Illingsworth, Principal Policy Advisor, Local Government Legislation and Projects, Department of Internal Affairs, either by telephone on (04) 495 9384, or by email:
Fiona.Illingsworth@dia.govt.nz

Local Government (Auckland) Amendment Act 2004

The Local Government (Auckland) Amendment Act 2004 gives effect to the Government’s transport governance, regulatory and funding proposals for Auckland; which it announced on 12 December 2003. It establishes two new entities as subsidiaries of the Auckland Regional Council – the Auckland Regional Transport Authority and Auckland Regional Holdings. The Auckland Regional Transport Authority will plan, fund and develop Auckland transport infrastructure with Transfund and Transit. Auckland Regional Holdings will manage assets and investments on behalf of the Auckland Regional Council – initially including those assets that are transferred from Infrastructure Auckland.

One significant amendment was made to the Bill, by a Supplementary Order Paper, during Parliaments committee stage. This amendment enables the future integration of the Auckland Regional Transport Network Limited (ARTNL) into the new transport governance arrangements.

If you have any general queries about the Local Government (Auckland) Amendment Act 2004, please refer these to Robert McShane, Department of Internal Affairs, either by telephone on (04) 494-0572, or by e-mail to Robert.Mcshane@dia.govt.nz

Information On The Web

Electronic (PDF) copies of all eight Acts will be placed on the Department’s website (www.dia.govt.nz) to enable councils to view the content of each Act as soon as they are available. It is hoped that this will be within the next few days.

Reprints

The Department would like to take this opportunity to advise that the Local Electoral Act and Local Electoral Regulations 2001(including all amendments arising from the Local Government Law Reform Bill (No. 3)) are currently being reprinted.


Rosalind Plimmer
Manager, Local Government Policy


8 April 2004

Introduction

This newsletter provides information for Chief Executives on:

Profile of new Deputy Secretary, Local Government and Community Branch - Anne Carter

Anne Carter has recently started as the Deputy Secretary of the new Local Government and Community Branch in the Department of Internal Affairs. Anne brings to the role a diverse range of experiences as Acting Chief Executive of Women’s Affairs, Chief Executive of Youth Affairs, Sector Manager with the Office of the Auditor General and Manager Maori Labour Resource with the Ministry of Maori Development.

In her role as Chief Executive of Youth Affairs 1999 to 2003, Anne worked alongside the Community Development team in the Department of Internal Affairs. Anne comments that it was a positive relationship and she was struck by the Department’s commitment to working collaboratively with other agencies. As she mentions, “I was also impressed by the Department’s record and role in supporting community-led initiatives, and its dedication to improving performance, for the benefit of the communities it works with.”

“Over the next couple of months my focus will be on:

  • Finalising the new branch structure.
  • Developing strategies to build the strategic policy capability of the department,
  • Putting in place practical and tangible initiatives to support the Local Government/Central Government interface and facilitate Central Government engagement with community outcome processes.”
“I look forward to meeting with representatives of the local government sector, and hearing about your work and issues.”

Local Government Law Reform (No. 3) Bill (LGLRB)

The LGLRB received its first reading on 7 April 2004 and was referred to the Local Government and Environment Select Committee with a report back date of 14 June 2004. Also referred to the Select Committee was a Supplementary Order Paper making consequential changes to the Local Government Act 1974 relating to special order processes. It is expected that the Select Committee will shortly advertise for submissions and advise of the closing date for submissions. A copy of the Supplementary Order Paper will be made available on the Department’s website (www.dia.govt.nz) as soon as possible.

Local Government (Auckland) Amendment Bill [LG(A) Bill]

The LG(A) Bill , dealing with Auckland transport matters, received its first reading on 7 April 2004 and was referred to the Transport and Industrial Relations Select Committee with a report back date of 14 June 2004. It is expected that the Select Committee will advertise shortly for submissions and advise of the closing date for submissions.

Donations by Local Authorities

An issue that arose in the recent severe floods was the ability of councils to provide relief funding to other councils or organisations outside their district, city, or region. Although the ‘full capacity’ provisions of section 12(2) of the Local Government Act 2002 give councils extensive powers, the areas in which these powers can be used are restricted by sections 12(4) and 12(5). These sections require that a territorial authority or regional council must exercise their functions under section 12 wholly or principally for the benefit of its district or region.

This seems clearly to prevent a local authority from simply donating money or resources to another local authority.

Section 12(6), however, does allow local authorities to enter into joint undertakings, joint activities, or co-operative activities. These terms are not defined in the Act and do not appear elsewhere in the Act. The limitations of section 12(4) and 12(5) do not apply to such joint or co-operative arrangements.

It is likely, therefore, that some assistance could be provided by one local authority to another local authority if it were done as a joint activity etc under section 12(6).

Regulations for Microchips and their Insertion

The recent amendments to the Dog Control Act 1996 provide for regulations to be made to specify the standards, type and method of insertion of microchips to be used under the Act. Although these standards are not needed until microchipping becomes mandatory for newly registered dogs from 1 July 2006, we are aware that many people and organisations are already looking to voluntarily microchip their dogs before then.

The Department is, therefore, shortly to start work to prepare the necessary regulations, both for the chips themselves and the method of insertion. This will allow those who wish to microchip their dogs voluntarily and use a microchip compatible with the national dog control database, to know the standards that will be used when the database becomes operational. In preparing the regulations we will be consulting with veterinary representatives, animal welfare and dog breed organisations, and local authorities.

We would recommend that councils that have been considering buying microchip-scanning equipment hold off doing so until the regulations have been completed.

Queries

If you have any queries concerning the above information, please do not hesitate to contact Fiona Illingsworth, Principal Policy Advisor, Local Government Legislation and Projects, Department of Internal Affairs, either by telephone on (04) 495 9384, fax on (04) 495 7270, or by email: Fiona.Illingsworth@dia.govt.nz


Rosalind Plimmer
Manager, Local Government Policy


30 March 2004

Disclaimer: Local authorities should not rely on the contents of this newsletter as if it were their own legal advice.

Local Government Law Reform (No. 3) Bill and Local Government (Auckland) Amendment Bill

Introduction

The purpose of this newsletter is to advise that the Local Government Law Reform (No. 3) Bill and the Local Government (Auckland) Amendment Bill were tabled in the House yesterday. Both Bills are programmed for enactment by 30 June 2004.

Electronic (PDF) copies of both Bills as tabled have been placed on the Department’s website, to enable councils to view the content of each Bill, at the following address:
Two New Local Government Related Bills.

Local Government Law Reform (No. 3) Bill

The Local Government Law Reform (No. 3) Bill makes amendments to the following Acts:


    Chatham Islands Council Act 1995
    Dog Control Act 1996
    Local Electoral Act 2001
    Local Government Act 2002
    Local Government Official Information and Meetings Act 1987
    Local Government (Rating) Act 2002.

Many of the amendments are technical in nature and are intended to provide certainty and clarity for local authorities. Amendments are also included which:
  • Clarify the interface between the Local Government Act and other legislation including the Resource Management Act;
  • Confirm the policy intention that the casting vote cannot be provided for in standing orders;
  • Clarify the definition of a majority voting for a council decision relates to members present and voting;
  • Deal with issues related to quorums for joint committees;
  • Clarify that there is no new prohibition on candidacy for both mayor and ward councillor; and
  • Extend the exemption of first long term council community plans from audit requirements to include amendments to those plans.

If you have any queries concerning the Local Government Law Reform (No. 3) Bill, please contact Fiona Illingsworth, Principal Policy Advisor, Local Government Legislation and Projects, Department of Internal Affairs, either by telephone on (04) 495 9384, fax on 495 7270, or by email: Fiona.Illingsworth@dia.govt.nz

Local Government (Auckland) Amendment Bill

The Government announced transport governance, regulatory and funding proposals for Auckland on 12 December 2003 and has received general support for these proposals from the Auckland local authorities. This Bill gives effect to those proposals and establishes two new entities as subsidiaries of the Auckland Regional Council – the Auckland Regional Transport Authority and Auckland Regional Holdings. The Auckland Regional Transport Authority will plan, fund and develop Auckland transport infrastructure with Transfund and Transit. Auckland Regional Holdings will manage assets and investments on behalf of the Auckland Regional Council – initially including those assets that are transferred from Infrastructure Auckland, which will be disestablished from 1 July 2004.

Media releases, fact sheets, and some questions and answers about this Bill are also available on the Departments website.

For further information on the Auckland Transport Package please contact:


    Chris Mackenzie, Office of the Deputy Prime Minister, ph 04 471 9935

    Michael Parker, Office of the Minister of Transport, ph 04 471 9316

    Nick Maling, Office of the Minister of Local Government, ph 04 470 6874


If you have any general queries about the Local Government (Auckland) Amendment Bill, please refer these to Blair Keenan, Department of Internal Affairs, either by telephone on (09) 363-0577 or by e-mail to Blair.Keenan@dia.govt.nz.

Rosalind Plimmer
Manager, Local Government Policy


16 February 2004

Disclaimer: Local authorities should not rely on the contents of this newsletter as if it were their own legal advice.

Introduction

There are four matters discussed in this issue of the Newsletter. They are:


We trust the following information is of use to you all.

Local Government Act 2002 and competitive tendering

We have been asked by Local Government New Zealand to clarify the application of section 88 of the Local Government Act where a local authority undertakes a competitive tendering process in respect of the delivery of a function or service. The issue has arisen where a council is due to renew a roading maintenance contract, and it is therefore subject to Transfund requirements to qualify for the subsidy. However the issues are the same if a council wishes to commit to a competitive tendering or similar process for any reason.

Section 88 requires that a local authority must follow the special consultative procedure (SCP) where it is proposed to alter the mode by which a significant service is undertaken and the alteration would reduce the council’s direct control over the activity. The requirement thus applies to a change from in-house to CCO delivery, or from either of these modes to contracted private sector delivery. The issues that have arisen are whether section 88 applies where such a change is the result of a competitive tendering or similar process and, if so, at what stage should the SCP be undertaken.

Sections 88(1) and (2) refer specifically to a proposal for an alteration in mode of delivery, and contemplates consultation on a specific proposal to change the mode of delivery. In the competitive tendering context, this would apply after the results of a tender process were known. We have discussed this issue with the Office of the Auditor-General and believe that this may not be appropriate. The uncertainty that this would bring to the tendering process may well affect the willingness of private contractors to compete for tenders and could impact on prices. It would also be inappropriate to conduct consultation during the tender as this risks revealing commercial information provided by the tenderers and again affects the willingness of private contractors to participate.

We believe that section 88(3) can be used to avoid these situations if local authorities include in their draft LTCCP’s a proposal to adopt, and abide by, a competitive tendering process for the significant activity The statement in the draft LTCCP should be explicit and cover:


This approach will clearly meet the spirit of the Act, and allow communities to comment on the potential consequences of adopting or not adopting the competitive tender process. At the same time, it avoids the disadvantages of consultation on the specific outcome after the tender process is completed.

It is therefore important that in preparing their draft LTCCP, local authorities consider carefully whether they are likely to wish to commit to the competitive tender process or any similar review of delivery options in respect of any significant activity during the life of the plan. While the need to so in relation to roading activities to qualify for Transfund subsidies will be clear and of general application, there are a range of other circumstances that may lead local authorities to consider such options.

Good Practice for Local Bills and Local Legislation Bills

Included, as an appendix to this newsletter, is an outline of the preliminary procedures specified under Parliament’s Standing Orders for the promotion of Local Bills and clauses for inclusion in Local Legislation Bills. Many of you will be thoroughly familiar with these requirements. Nevertheless we thought it might be timely to include an outline of the current requirements, as we understand that a number of Bills are either in the pipeline or under active consideration.

Those of you who are contemplating the promotion of a Local Bill may also be interested to note that the Department is available to provide advice to councils, in relation to both process and drafting. As some of you will also be aware, the Department would, in the normal course of events, act as the advisor to the Local Government and Environment Committee when considering Local Bills. This role involves strict neutrality and could not be prejudiced by prior advice or assistance to a local authority. However, the experience acquired by the Department in this role may be of assistance to councils and the understanding of the objective and background gained by the Department should also facilitate the process.

If you are contemplating the promotion of a Local Bill, we would suggest that you contact us at the earliest opportunity.

Fines retained by local authorities

We have received queries from local authorities about the ability to retain a portion of fines resulting from prosecutions taken under the Local Government Act 2002 (LGA). While the LGA has no specific provisions for this matter, there is a general provision in the Public Finance Act 1989 that provides the necessary authority. Section 73 – Payment of fines to local authorities and other organisations that conduct prosecutions, provides that a local authority that is specifically empowered to do so by any Act, prosecutes a person in a Court of law in respect of an offence and the prosecution results in the imposition of a fine, the amount of the fine recovered shall be paid to the local authority or other organisation.

There is a caveat, however. Sub-section (2) provides that a sum of ten percent is deducted from the amount payable and paid to the Crown, unless the money is awarded by a Court in respect of any loss or damage that is recovered as a fine, in which case no deduction is made.

Note that specific provisions in other statutes, such as section 84 of the Building Act or section 342 of the Resource Management Act 1991, will supersede section 73.

Rates resolutions

To date, only one third of local authorities have sent a copy of their rates resolution to the Secretary of Local Government as required by Section 23(5) of the Local Government (Rating) Act 2002. The Department of Internal Affairs is unable to provide local authorities with a summary of information contained in the resolutions, as promised, until all resolutions have been received.

The address for sending them is:

The Secretary of Local Government
Department of Internal Affairs
PO Box 805
WELLINGTON

Queries

If you have any queries concerning the above information, please do not hesitate to contact Fiona Illingsworth, Principal Policy Advisor, Local Government Legislation and Projects, Department of Internal Affairs, either by telephone on (04) 495 9384, fax on 495 7270, or by email: Fiona.Illingsworth@dia.govt.nz .


Rosalind Plimmer
Manager, Local Government Policy


Appendix

Appendix C: Preliminary Procedures for Local Bills and Local Legislation (from Standing Orders)

Local Bills

Notice to be given

The promoter of a local bill must give notice in the locality of the intention to introduce the bill before the bill can be introduced.

Form and publication of notice

(1) The notice must contain an adequate summary of the objects which the bill is intended to effect and state where copies of the bill may be inspected.

(2) The notice must be published at least once in each of two successive calendar weeks in a newspaper that has a daily publication and circulation in the locality. If there is no newspaper in the locality which has a daily publication, then the notice is published in a daily newspaper in an adjoining district which has a daily circulation in the locality to which the bill relates.

Forwarding notices

A copy of each notice, together with the name of the newspaper in which it has been published and the date of publication of such notice, must be forwarded to the Clerk.

Deposit and inspection of bill

(1) At the time of the first publication of notice of a local bill, a copy of the bill must be deposited in the District Court for the locality to which the bill relates, and another copy deposited at the public office of the promoter of the bill.

(2) The copies of the bill deposited at the District Court and at the public office of the promoter must be open to public inspection during office hours without fee, for a period of 15 working days.

More than one District Court office in district

If more than one District Court office is situated within the locality to which the bill relates the bill is deposited at the court office that is nearest to the centre of that locality.

Certification of deposit

(1) The fact that a copy of the bill was deposited and remained open for public inspection must be certified-

(a) in the case of the copy of the bill that was deposited in the District Court, by the District Court Judge or the Registrar or a Deputy Registrar of the District Court, and
(b) in the case of the copy of the bill that was deposited in the public office of the promoter, by the principal administrative officer of the promoter.

(2) Each Certificate shall-

(a) state the first and last whole days on which the copy of the bill was open for public inspection, and
(b) be written directly on the copy of the bill and may not be separate from it.

(3) In the case of the copy of the bill that was deposited in the District Court, the certificate must be signed by the District Court Judge or the Registrar or a Deputy Registrar of the District Court over his or her designation, and be stamped with the Court seal.

(4) In the case of the copy of the bill that was deposited in the public office of the promoter, the principle administrative officer of the promoter must sign the certificate over his or her designation, and have the seal of the local authority affixed to it.

(5) Copies of the deposited bills as certified are forwarded to the Clerk.

Local bills dealing with land

(1) Where it is intended in any local bill to take power to deal with any land, each deposited copy of the bill must be accompanied by a description of the land together with a true copy of the plan of the land, both certified to be correct by Chief Surveyor of the District within which the land is wholly or partially situated.

(2) A true copy of the plan is not required where it is proposed to deal-

(a) with the whole or the residue of the land comprised in any certificate of title issued under the Land Transfer Act 1952:
(b) with the land previously dealt with and separately described in any statute, ordinance, Proclamation, declaration, notice or Order in Council;
(c) with the whole of the land comprised in a separate lot or other surveyed subdivision which is shown on a plan deposited in the relevant Land Information New Zealand office in accordance with the provisions of the Land Transfer Act 1952 or lodged in the office of the Chief Surveyor.

(3) The plan is to be-

(a) drawn on such plan form as may be approved by the Surveyor- General.
(b) of a suitable metric scale that will make the optimum use of the drawing area, and
(c) lodged with the Chief Surveyor and endorsed “approved for parliamentary purposes”.

Plans to be forwarded

All such plans shall be certified and stamped by the District Court Judge or Registrar or a Deputy Registrar of the District Court, and by the principal administrative officer of the promoter, in the same manner as the deposited copy of the bill to which they refer, and shall be forwarded, together with that copy to the Clerk.

Constituency members of Parliament to be informed of local bill

(1) The promoter of a local bill must give to every member of Parliament for a General or Maori electoral district whose constituents may be affected by the provisions of a proposed local bill, notice containing an adequate summary of the objects of the proposed bill and of the intention of the local authority to proceed with the bill.

(2) The notice is given to such a member by personal delivery, post, delivery by courier, delivery to a document exchange which the member uses, or by sending it by facsimile machine to a telephone number used by the member for transmission of documents by facsimile.

(3) The local authority must forward to the Clerk a certificate signed by the principle administrative officer of the local authority certifying that each member, by name, has been given notice of the bill at least three days before the date of the certificate.

Fees

(1) The fee payable by a local authority promoting a local bill is $2000 (including Goods and Services Tax)

(2) The fee is paid to the Clerk of the House of Representatives, and applied in defraying printing and general administrative expenses incurred in respect of the promotion of local bills.

Local Legislation Bills

Initiation of clauses in Local Legislation Bills

(1) Any local authority may apply to the Minister of Local Government for preliminary consideration and provisional approval of a clause or clauses to be included in a Local Legislation Bill.

(2) Every application must be accompanied-

(a) by a draft of the proposed clause or clauses, and
(b) by a certificate signed by the principle administrative officer of the local authority certifying that every member of Parliament, by name, for a General or Maori electoral district whose constituents may or are likely to be affected by the proposed legislation, has been furnished at least three days before the date of the certificate, with a copy of the proposed clause or clauses, together with a notice in writing stating that it is the intention to apply for their inclusion in a Local Legislation Bill.

(3) A copy of the proposed clause or clauses and the notice is given to such a member by personal delivery, post delivery by courier, delivery to a document exchange which the member uses, or by sending it by facsimile machine to a telephone number used by the member for transmission of documents by facsimile

Repeal of spent local legislation

The Minister may also include in a Local Legislation Bill, a clause or clauses repealing any spent local Act, any spent Local Legislation Act or any spent provisions contained in a Local Legislation Act.

Objections

(1) Objections to such proposed legislation on public or private grounds may be made by any person in writing addressed to the Minister.

(2) The Minister must transmit to the select committee that considers a Local Legislation Bill copy of any objection received by the Minister to any clause included in the Bill.

Clauses provisionally approved by the Minister may be included in bill

When the Minister has provisionally approved a clause or clauses these may be included in a Local Legislation Bill.

How further clauses dealt with

If a Local Legislation Bill is already before the House, a further clause or clauses for inclusion in the bill may, after being provisionally approved by the Minister, be placed upon a Supplementary Order Paper by the Minister, and referred directly to the select committee that is considering the bill.

Provisional approval by the Minister and report by committee essential

(1) No Local Legislation Bill may be passed by the House and no clause or clauses added to any Local Legislation Bill unless they have been provisionally approved by the Minister and reported on by the Local Government and Environment Committee.

(2) Notwithstanding paragraph (1), a new clause may be inserted that is in substitution for, incidental to, or consequential upon a clause, which has been provisionally approved by the Minister or reported on by a select committee.

17 June 2003


Disclaimer: Local authorities should not rely on the contents of this newsletter as if it were their own legal advice.

Introduction

Over the past couple of months, our advice has specifically been sought on the interpretation of clause 24 of Schedule 7 of the Local Government Act 2002 (LGA). Newsletter 4 outlined that we would be forwarding more information on this issue. Crown Law Office advice has now been received. As such, this newsletter is devoted entirely to outlining the Department’s view on this issue. We trust the following information is of use to you all.

Casting Vote and Standing Orders

The Department sought Crown Law Office advice concerning the interpretation of clause 24 of Schedule 7 relating to voting at local authority meetings. Advice was sought in relation to two separate but related issues –
(a) Whether clause 24(1)(a) requires a majority of members present at a meeting of a local authority (rather than a majority of those voting) to vote for a resolution in order for it to be carried, and if so, whether standing orders can override this requirement?
(b) Whether it is possible for a local authority to adopt standing orders that provide for the presiding member to have a casting vote, thus overriding the provisions in clause 24(1)(b).

The advice we have now received is that:
(a) The wording of clause 24(1)(a) requires that decisions be made by the majority of members that are present (compared with “present and voting” under section 114J of the 1974 Act). While it is possible for standing orders to provide differently for special cases (e.g., where a specific conflict of interest has been identified), it is not considered that standing orders could be used in a way that runs directly counter to the express provisions of the Act in all cases;
(b) It is the clear intention of clause 24, and particularly subclause (2) of that clause, that in the case of an equality of votes the motion is defeated and that the Mayor or Chairperson does not have a casting vote. In light of clause 24(2), it is not possible for standing orders to provide differently.

The advice on the casting vote is consistent with the intent of Parliament, that there should not be a casting vote for the presiding member. However, given the extensive discussions by local authority members and officers on the interpretation of these provisions, the Department will consider and report to the Minister on the need to further clarify the drafting of both provisions.

In the meantime, Standards NZ has reconvened the committee that undertook the review of Model Standing Orders in 2001 (NZS 9202:2001). It is the intention of that committee to revise the model to ensure that it is consistent with all provisions of the new Local Government Act 2002 including the above advice concerning the interpretation of clause 24 of Schedule 7. In order to provide maximum assistance to local authorities, Standards NZ intends circulating the new draft model standing orders as soon as possible given the 1 July commencement date of the new Act. A formal consultation period will commence with the circulation of the draft model, and the new model standing orders will then be promulgated.

Model standing orders are, of course, only a guide and individual local authorities are able to adapt them or adopt alternative provisions in their own case. Based on the above Crown Law advice, we recommend that local authorities adopt the new draft standing orders, or amend their own standing orders based on the model.

In terms of the requirement that a decision be supported by the majority of members present, we recommend each local authority considers for itself whether or not to make specific provision in its standing orders regarding members who are precluded from voting under the Local Authorities (Members’ Interests) Act 1968, or who have declared a conflict of interest, but who remain at the meeting for the vote. For example, a council could perhaps include in its standing orders that such members not be counted in the determination of a majority for the purposes of clause 24(1)(a).

We would strongly advise local authorities to seek legal advice in relation to any proposed departure from the new draft model standing orders.

Queries

If you have any queries concerning the above information, please do not hesitate to contact Fiona Illingsworth, Project Co-ordinator, Legislative Implementation, Department of Internal Affairs, either by telephone on (04) 495 9384, fax on 495 7270, or by email: Fiona.Illingsworth@dia.govt.nz


12 June 2003


Disclaimer: The contents of this newsletter are not legal advice and should not be relied upon for that purpose.

Introduction

Over the past few weeks, our advice has specifically been sought on some issues concerning the Local Government Act 2002 (LGA). We trust the following information is of use to you all.

Monitoring council organisations

A number of queries have been received concerning council organisations and performance monitoring of such organisations by local authorities. Part 5 of the Act, relating to council organisations and council-controlled organisations, is based on the concept that local authorities are accountable to their communities for both their decisions to be involved in those organisations and the performance of those organisations. To be consistent with this, the definitions of the organisations covered by Part 5 of the Act are significantly broader than the definitions that applied to a LATE under the Local Government Act 1974, and include organisations such as Trusts or other organisations that are not trading for the purpose of making a profit.

Section 65(1) of the Act requires that a local authority undertake regular performance monitoring of those council organisations for which it is a shareholder. The definition of a "shareholder" in section 6 of the Act is quite broad and includes (where the organisation is not a company), any partners, joint venture partners, members, or other persons holding equity securities (including any form of voting rights) in that organisation.

In some cases it may be that while a local authority has a power to appoint a director/trustee to an organisation (one of the determining criteria of a council organisation), the local authority does not meet the "shareholder" definition above. In those instances monitoring of the performance of the organisation by the local authority would be consistent with the policy intention of the Act, albeit that it is not specifically required by the Act.

A local authority is likely to have a stronger interest in monitoring the performance of all of its council-controlled organisations as a means of assisting the local authority to fulfill its own reporting obligations (eg annual report) under the Act.

Policy on partnerships with private sector

A couple of queries have sought clarification of the policy on partnerships with the private sector. Section 107 of the Act requires that local authorities develop a policy on their partnerships with the private sector. For the purposes of section 107 a partnership with the private sector is defined as any arrangement or agreement that is entered into between 1 or more local authorities and 1 or more persons engaged in business; but does not include---

(a) any such arrangement or agreement to which the only parties are---

(i) local authorities; or

(ii) 1 or more local authorities and 1 or more council organisations; or

(b) a contract for the supply of any goods or services to, or on behalf of, a local authority.

If those arrangements/agreements/contacts are excluded, when does the policy apply?

The policy applies to any instance in which a local authority provides any form of funding or resources to a person/organisation that is involved in business (and is not a council organisation or is not providing a service to or on behalf of the local authority). The policy would apply, for example, to a decision to provide funding to a telecommunications company to support its delivery of broadband services to the district. It could also apply to the decision to supply council resources (office space) to a start up company under an economic development programme.

Casting Vote and Standing Orders

A number of councils have been seeking our advice on the “casting vote” issue. At this stage, further legal advice is being sought on the interpretation of clause 24 of Schedule 7 of the new Act, in relation to the policy intention regarding a casting vote for the person presiding at local authority meetings.

The Department is also seeking an urgent review of NZS 9202:2001 Model Standing Orders to ensure they are consistent with the policy intention of the Local Government Act. We consider that the review of Standing Orders is also necessary given other changes in the new Act (e.g. provisions for extraordinary meetings replacing those for special and emergency meetings). While there are transitional provisions in the 2002 Act (section 294) to carry over existing Standing Orders, local authorities will need to ensure, pursuant to clause 27(2) of Schedule 7, that as from 1 July, their individual Standing Orders do not contravene provisions of the new Act.

More advice on this matter will follow shortly in the next Newsletter.

Special Orders

We have received a number of queries concerning the interpretation of the references to "special order" in sections 320 and 349 of the Local Government Act 1974. Section 716B of that Act which sets out the special order process will be repealed from 1 July 2003 by section 266 of the Local Government Act 2002. The references to special orders in Part XXI of the 1974 Act were overlooked when consequential amendments to the remaining provisions in the 1974 were being formulated.

The issue arises in relation to unamended requirements to follow the special order procedure where proceedings under section 716B are not begun before 1 July 2003. If proceedings are begun before that date, section 289 of the new Act provides clearly that those proceedings can be completed and the special order “has effect according to its tenor”. This applies equally to provisions in which the special order reference has been amended with effect from 1 July.

If proceedings are commenced after 1 July 2003, the question arises of how unamended requirements to use the special order process should be interpreted. It is the Department’s view that sections 320 and 249 should be interpreted as if section 716B had not been repealed. This is based on the application of section 22(1) of the Interpretation Act 1999 which provides that the repeal of an enactment does not affect an enactment in which the repealed enactment is applied, incorporated, or referred to. We do not consider that subsection (2) of section 22 can be applied because there is no equivalent or replacement for the special order process in the 2002 Act. We note, however, that the new decision-making requirements in sections 76 to 81 of the new Act would apply to a decision taken by special order.

GST and Rating Issues


While DIA has had discussions with IRD concerning the GST treatment of rates remissions and penalties, we are aware that the SOLGM Financial Management Working Party is now actively working with IRD on issues relating to the interpretation/implementation of the relevant legislation, and will be reporting to the sector accordingly. On this basis, DIA will now work with the Working Party on this issue. We will also continue to liaise with IRD on related policy matters including the need for clarity and certainty in the GST legislation

Update on the Guiance / Implementation Programme


As noted in Newsletter: Issue 3, the Department is currently preparing guidance material for the public on the new Local Government Act 2002.

A Communications Strategy has been prepared with material currently being developed for community newspapers in addition to specific material for a range of publications and newsletters aimed at various sectors in local communities.

Pamphlets are also being prepared for two target audiences – the general public and Mäori. The pamphlets will be available before the Act comes into force. The Department will be distributing the pamphlets through a variety of community networks and will also be preparing and providing the brochures to local authorities for their use in black/white and colour PDF format (as it did for STV).

Staff from the Department’s Community Development Group are receiving information on the new Act and will be receiving training to assist communities to understand and participate in the new processes.

Queries


If you have any queries concerning the above information, please do not hesitate to contact Fiona Illingsworth, Project Co-ordinator, Legislative Implementation, Department of Internal Affairs, either by telephone on (04) 495 9384, fax on 495 7270, or by email:
Fiona.Illingsworth@dia.govt.nz .


17 April 2003


Disclaimer: The contents of this newsletter are not legal advice and should not be relied upon for that purpose.


Introduction

The Department of Internal Affairs is currently preparing material for general public release that describes the changes in local government as a result of the new Local Government Act 2002 and its impact for communities. To assist this process, the Department has recently set-up a web page entitled
Local Government Act 2002 – Implementation, which will be updated regularly as this project progresses.

Over the past few weeks, we have had a further range of queries about the new local government Acts relating to:
  • The Local Government Act 2002:
    • Clarification of the use of the term “Maori”
    • Clarification of community boards requirements
    • Guidance material and information about the new Act

  • The Local Government (Rating) Act 2002:
    • Clarification of GST on rates
    • Rating of timeshare properties.

We trust that the following information is of use.

Clarification of use of the term “Maori”

Over the past couple of weeks, we have received queries seeking clarification of the use of the term “Maori” in the new Act. This issue was the subject of a lot of comment during the Local Government and Environment Select Committee’s consideration of the Local Government Bill. In the Select Committee’s report back to Parliament, it stated:
      “…Submitters had different views on whether local authorities should build relationships with tangata whenua, mana whenua, iwi and hapu, taura here (urban Maori), or the simple term ‘Maori’ in the bill as introduced. We heard submissions that each of these was the most appropriate in different places. However, there is a risk that using a less inclusive term might require a council with a good working relationship with Maori to change its processes. We decided that the term ‘Maori’ would allow each (local) authority to determine which were the appropriate groups in each district and this was consistent with the principle of local decision-making.” (pg 18-19)

In summary, the new Act seeks to promote the active engagement of Maori with the system of local government (and vice versa). The obligations placed on councils to develop relationships are expressed in a broad and inclusive way by reference to Maori, and not limited only to those Maori within the district who are tangata whenua.

The Act does not require councils to develop a "one size fits all" approach for these different groups. It is open to councils to develop different modes of interaction for different groups, as best fits the needs and make-up of the local community. The breadth of the expression “Maori” provides scope for the processes put in place to reflect the different local circumstances. For example, in some districts the Maori population will largely be made up of those who claim to be tangata whenua, in others the majority will be urban Maori.

The use of the word Maori does not derogate from the important and necessary relationships that have developed between councils and tangata whenua.

Clarification of community board requirements

There has been some misunderstanding over the changes to the provisions relating to the abolition of community boards with reported comments including statements that territorial authorities can now, at their whim, abolish community boards. This is not true.

Previously the Local Government Act 1974 provided that, communities could be abolished, altered or united, as a result of a resolution of the territorial authority made with the consent of, or at the request of, the community board, and by a determination by the Local Government Commission where the territorial authority and community board did not agree. Under the new legislation, a territorial authority can only propose abolition, alteration or union of a community (and consequentially abolition of a community board) as part of its representation review (see clause 9 of the Schedule 6 of LGA 2002).

The procedural requirements for representation reviews are set out in the Local Electoral Amendment Act 2002. These include public notification of proposals, calling of submissions, and rights of appeal and objection to the Local Government Commission. The effect of these provisions is the same as under the old Local Government Act. If the territorial authority and community board cannot agree on a proposal relating to the future of that community and community board, the matter will be determined by the Local Government Commission. Territorial authorities cannot unilaterally abolish, alter or unite communities if there are any appeals against such a proposal.

Guidance material and information about the Local Government Act 2002

The Department is continuing to work with LGNZ and SOLGM on the LG KnowHow project to provide information and guidance material to the local government sector on the Local Government Act 2002. The questions raised during seminars and on the Implementation Listserv have been important to clarify and we will continue to provide information and clarification through the Listserv and this newsletter.

We are also involved in developing information and guidance material for the public. The information is currently under development and we will be seeking input from LGNZ and the local government sector. We would greatly appreciate any comments you would like to make about what information you believe would be useful for the public, Maori, business or other target groups. In particular we would appreciate any feedback you have had from your communities on the Act and what they need to know about it.

The Department is also involved in providing information to central government departments and agencies to assist them to understand the provisions of the new Act and particularly the new Community Outcomes process. Examples of the programme to date include recent fora with central government Chief Executives and senior policy staff.

We would welcome any comments you have about the implementation programme. Please direct any comments to:
Fiona.Illingsworth@dia.govt.nz.

Clarification of GST on rates

Following expressions of concern from a number of local authorities, we sought clarification from IRD of its position on two issues relating to GST and rates after 1 July 2003 when the Local Government (Rating) Act 2002 comes into force. The concerns relate to:
  • The time of supply (at which GST liability is incurred) where rates are invoiced on an "instalment" basis under the Local Government (Rating) Act 2002;
  • GST treatment of rates remitted under the Local Government (Rating) Act 2002.

In respect of the first issue, IRD considers that the move to the new rating legislation does not affect the application of section 9(8) of the Goods and Services Tax Act 1985. In other words, where multiple invoices under section 46 are issued during the rating year, the supply of goods and services to the value of the rates payment required by each invoice is deemed to occur when the invoice is issued under section 9 (8)(a). However, if payment is received prior to the issue of an instalment notice then section 9(8)(c) would trigger the time of supply on the date the payment was received by a council.

In respect of the GST treatment of rates remissions, IRD has confirmed its position that the remission of all or part of a rates payment by a local authority does not affect the GST status of either the ratepayer or the local authority. The local authority makes a supply and is liable for GST. The ratepayer would receive a valid GST invoice and be entitled to make a GST claim. The supply still takes place, its value is still represented by the rates assessed, and any credit for GST paid accrues to the ratepayer.

In other words, the cost to the local authority will be the net rates (revenue foregone) plus the GST on those rates (for which liability is incurred). There is no provision in the Goods and Services Tax Act for a local authority to be able to claim back the GST. However, this is the same cost as the local authority would incur if it made a grant to the ratepayer of the same amount as the amount of rates (including GST) remitted, and is consistent with the transparency and accountability objectives of the Local Government (Rating) Act 2002 requirements concerning accounting for rates remissions.

Rating of Timeshare Properties

Timeshare properties consist of a number of apartments in which people buy shares to “own” one week. Typically, each apartment has 51 weekly owners, with the 52nd week of a year being reserved for maintenance. In relation to these timeshare properties, the questions have arisen about: what is the rating unit? and who is the owner?

The Far North District Council (FNDC) received legal advice that each week’s licence to occupy an apartment was a title in its own right, and was therefore a rating unit under the Rating Valuations Act 1998 (as amended by the Local Government (Rating) Act 2002). The FNDC expressed concern at both the gross distortions that would be caused if its current rating policies were applied, and the large increase in administrative and valuation costs.

The FNDC referred to one of its timeshare properties by way of example. The property consists of 54 apartments, each with 51 weekly timeshares allocated. If each weekly timeshare were a rating unit, then there would be 2,754 rating units, and therefore 2,754 per-property charges, in total. Each weekly timeshare’s share of rates would rise from $13 at present, to approximately $980.

On further investigation, we identified an additional effect of this interpretation would be that the property referred to could generate an additional 2,754 votes in council elections, because one non-resident ratepayer per rating unit would be entitled to register as an elector.

Land Information New Zealand (LINZ) has investigated the matter, and its legal advisors have determined that the 51 weekly titles are not titles covered by the Rating Valuations Act 1998, and therefore do not constitute rating units. The Valuer-General has written to each of the local authorities affected, and informed them of his legal advice. He has indicated that in his view each apartment is a rating unit, with 51 joint owners. The Valuer-General has drafted an amendment to his rules, and consultation is currently underway on that amendment.

In the case of the FNDC example above, that timeshare property would consist of 54 rating units with a total of 54 per-property charges. You may also be interested to know that as only one non-resident ratepayer per rating unit is entitled to register and vote in council elections, that timeshare property would also generate a maximum of 54 additional votes.

Queries

If you have any queries concerning the above information, please do not hesitate to contact Fiona Illingsworth, Project Co-ordinator, Legislative Implementation, Department of Internal Affairs, either by telephone on (04) 495 9384, fax on 495 7270, or by email:
Fiona.Illingsworth@dia.govt.nz .

21 March 2003 Disclaimer: The contents of this newsletter are not legal advice and should not be relied upon for that purpose.

Introduction

The month of February and early March has seen a high level of activity on implementing the new Local Government Act 2002 (LGA). The KnowHow Guides to Governance and Decision-Making have recently been issued. In addition, six of the eight KnowHow seminars have been completed, with sessions in Manukau and Nelson yet to be held. As such, a number of queries have been received by the Department over the last few weeks suggesting that some clarification of the matters below will be useful.

Indemnity for elected members appointed as directors to CCOs

There have been a number of queries about whether an indemnity applies for elected members appointed as a Director to a council-controlled organisation (CCO), or not.

The Act provides an indemnity for elected members (including committee members, community board members and members of other subordinate decision-making bodies of that local authority), when they are acting in their capacity as elected members. Section 43 of the Act sets out the particular circumstances in which the indemnity applies.

However, there are two circumstances in which the indemnity does not apply. That is where an elected member has been appointed as a director of a CCO and a liability arises from their acts or omissions as a director of that CCO. In these situations the Act is clear that the local authority does not provide an indemnity for the elected member. This is because the person is fulfilling their role as a director of the CCO rather than as an elected member. A CCO may wish to consider whether it should provide some form of indemnity for the actions or omissions of its directors.

The other circumstance when the indemnity does not apply relates to a member’s liability for loss under section 46 of the LGA, following a report by the Auditor-General.

What is a council organisation?

A common question at the KnowHow seminars has been "what is a council organisation?"

Section 6 of the Act essentially defines a council organisation as any organisation in which a local authority directly or indirectly:
  • owns any shares; or
  • has any voting rights at a meeting of the organisation; or
  • has the right to appoint one or more of the members of the organisation's governing body (they may be described as directors, trustees etc).

So, the following organisations would, in the circumstances set out, be examples of council organisations:
  • Air New Zealand - if a local authority owns one share in Air New Zealand;
  • Art Gallery Trust - If the Trust Deed gives the local authority a voting right at a meeting of the Trust;
  • Annual Santa Parade Inc - If the local authority has the right to appoint a director of the incorporated society that runs the annual Santa Parade.

It is worth noting that the Act does not impose any obligations on council organisations themselves (provided that are not council-controlled organisations). So the fact that Air New Zealand would be a council organisation if a local authority held one share in it should not be a concern to Air New Zealand. However, it would impose some obligations on the local authority (have a look at sections 57 and 65 of the Act and the KnowHow Governance Guide).

Some councils have raised concerns in particular about the extent of monitoring they might be required to undertake to meet these provisions (section 65 of the LGA). Such monitoring is intended to evaluate the council organisation’s contribution to the objectives of the council for the council organisation and overall aims of the council. We don’t believe that in some circumstances such monitoring should be an onerous obligation.

Chapter 7 of the KnowHow Governance Guide provides more detailed information on what a council organisation is and what obligations local authorities have in respect of their council organisations.

Timeframes for development of CCO statement of intent

One of the changes introduced by the new LGA has been an amendment to the timeframe for the preparation of the statement of intent. There has been some concern expressed regarding the timeframe for the development of draft statements of intent by 1 March each year, and the impact that this will have on the quality of information that is able to be included in those statements of intent.

The Department is interested in receiving information concerning the practical application of the statement of intent timeframes for CCOs, local authorities and the community. Please forward any comments to
dennis.cribb@dia.govt.nz .

The relationship between Financial Contributions and the LTCCP

We have received a number of enquiries about the Policy on Development Contributions or Financial Contributions and the relationship with the Long Term Council Community Plan (LTCCP) and Annual Plan (AP) in the 2003/04 financial year.

Many councils have enquired whether they can continue to use financial contributions under the Resource Management Act 1991 (RMA). It is clearly intended that a council may continue to use financial contributions under the RMA. In terms of the information to be included in a Policy on Development Contributions or Financial Contributions in the LTCCP or AP we would suggest that the most practical approach is to provide as much information in the policy you have available, and that, as a bare minimum you should outline the provisions of the RMA / District Plan etc that you are relying on and give guidance on where further information should be obtained.

In terms of development contributions under the LGA we would make the following comments:
  • If you do want to charge development contributions under the LGA you will need to have a policy that complies in full with the requirements of the Act.
  • A policy on development contribution may be adopted as part of your LTCCP under Section 102(3). In other circumstances Section 102(2) provides for the adoption of the policy using the special consultative procedure outside of the LTCCP. We note that the definitions of development contribution and development contributions policy under Section 197 do specifically refer to the LTCCP. A legal argument could be made that the references to the LTCCP in the development contribution provisions of the LGA would include an interim plan under Section 281. However, it is not clear whether the Courts would accept that argument.

At the end of the day the use of development contributions under the LGA is an area where there is potential for some litigation. The risk averse approach would be to wait until an LTCCP is adopted before seeking development contributions under the LGA.

Appointments to Community Boards

Questions have been raised about the requirements relating to appointments by territorial authorities to community boards where some or all councillors are elected at large.

Section 19F(3)(b) of the Local Electoral Act 2001 (as inserted by the Local Electoral Amendment Act 2002) provides that if the district of the territorial authority is divided into wards, then any appointment must be of a councillor from the ward in which the community board is situated. This would also apply where the territorial authority is elected on a ‘mixed’ system i.e. partly at large and partly by ward. Section 19C(2) states that if a district is divided into wards, some of the members may be elected by the district as a whole but if this is the case, the rest must be elected by wards.

In other words the district is still divided into wards under a mixed system, and therefore any appointee to a community board must come from the ward concerned. If the district is not divided into wards, appointments may still be made (section 19F(1)(c)), and therefore appointees can come from anywhere in the district.

Quorums for Joint Committees

The question has been asked as to whether all local authority members on a joint committee must be present at a meeting of that committee in order for there to be a quorum. The question has particular relevance for emergency management groups, formed as joint committees, under the Civil Defence and Emergency Management Act.

The relevant provision is clause 23(3)(b)(ii) of Schedule 7 of the LGA, which re-enacts section 114I(4)(b) of the Local Government Act 1974.
Environment Canterbury has received a legal opinion that this provision does require a member from each local authority constituting the joint committee to be present for there to be a quorum.

We understand that some local authorities have addressed this issue by appointing a subcommittee to carry out the majority of the substantive work as subcommittees do not have the same quorum provision as committees.

Reappointment of Chief Executives

We understand there may be a view in some local authorities that if the current term of the chief executive is less than the maximum term of 5 years, the term may be rolled over without the new performance review provision applying.

The Department believes that it is quite clear in clause 34(3) of Schedule 7 of the LGA that when a term of appointment (of any duration up to 5 years) expires, a vacancy occurs and that vacancy must be advertised. Clause 34(4) provides that if a local authority has completed a review under clause 35, it may appoint the incumbent for a further two-year term without advertising the vacancy. Clause 34(5) makes it clear that a local authority must resolve either to appoint for a further two-year term under clause 34(4) or advertise the vacancy. In other words, a performance review must be undertaken if the vacancy is not to be advertised.

Queries

If you have any queries concerning the above information, please do not hesitate to contact Fiona Illingsworth, Project Co-ordinator, Legislative Implementation, Department of Internal Affairs, either by telephone on (04) 495 9384, fax on 495 7270, or by email:
Fiona.Illingsworth@dia.govt.nz .

24 January 2003
Introduction

The Local Government Act 2002 received the Royal assent on 24 December of last year. While most of the Act comes into force on 1 July, some provisions and requirements apply earlier.

The Department is working with Local Government New Zealand and the Society of Local Government Managers to prepare comprehensive guides to the Act for councils, under the KnowHow project. The first of these guides will be available in March. However, a number of queries already received by the Department over the last few weeks suggest that immediate clarification of the matters below relating to those requirements will be useful.

Significance and Significant

A number of queries have concerned the concepts of “significance” and “significant” which are important to a number of provisions in the Act, including those applied to local authority decision-making by section 76 which came into force immediately. In addition, section 278 requires each local authority to adopt, by 30 June 2003, a policy under section 90 on its approach to determining significance.

Both “significance” and “significant” are defined in section 5 of the Act. Very briefly, “significance” is the degree of importance in terms of impact on community well-being generally, particular groups of persons, and the local authority itself. “Significant” means assessed by the local authority as having high significance. Both terms are necessary, because the Act uses the concept in two slightly different ways.

“Significance” represents a continuum from very little importance to extremely important. It is referred to as a matter to be considered by local authorities when deciding what nature and extent of compliance with procedural requirements will be appropriate in a particular case.

“Significant” is used as a threshold for the application of a range of statutory requirements – the general thrust is that requirements apply if the matter is assessed as being significant but not otherwise. Such assessments are subjective and context dependant, which limits the guidance that can usefully be given, but it will always be relevant to consider the intent of that particular requirement and whether this would be frustrated if it were not complied with in a particular case.

Planning for 2003/2004 Financial Year

Part 12 of the new Act provides that local authorities may either –
  • adopt their first long-term council community plan (LTCCP) for the financial year commencing on 1 July 2003; or
  • adopt an annual plan (under the provisions of the 1974 Act with some modifications) for that year and adopt their first LTCCP for the year commencing in July 2004.

Whichever of these options is adopted, local authorities will need to include in their plan for 2003 funding and financial policies under the new Act. Some of these policies will be in place of policies currently required i.e. a revenue and financing policy (section 103) instead of a funding policy, a liability management policy (section 104) instead of a borrowing management policy, and an investment policy (section 105) instead of the existing investment policy. Other relevant requirements are for a policy on partnerships with the private sector (section 106) and a summary of the policy on determining significance (see above).

A number of queries have been received concerning the application of these provisions where a local authority’s long term financial strategy (LTFS) under the 1974 Act was adopted in 2000 (i.e. is currently in its 3rd year). The new Act does not require these local authorities to adopt an LTCCP this year, they also have the option of an modified annual plan under the 1974 Act for 2003/4. However, in order to ensure some degree of continuity and topicality in strategic planning, section 281(2)(g) provides that the summary of the LTFS included in that annual plan must be updated in these cases.

Moving from LATEs to CCOs

There have been some queries concerning the application of the definition of “organisation” in section 6(2) of the Act, with some people questioning whether the definition means that companies are not council-controlled organisations. The definition of “organisation” applies to the use of the word “organisation” in paragraph (b) of the definition of “council organisation” and “council-controlled organisation”. Companies, if they meet the threshold criteria set out in section 6 of the Act [and are not exempt under section 6(4) or (7)], quite clearly are council-controlled organisations.

The new Act includes transitional arrangements to promote a smooth transition from the old LATE provisions of the LGA 1974 to the new council-controlled organisation provisions in the LGA 2002. Existing LATEs will complete their reporting obligations for the 2002/03 year in accordance with the LGA 1974. However, for the 2003/04 year, existing LATEs will be governed by the new council-controlled organisation provisions, and will have to finalise their first statement of intent by 30 June 2003.

Organisations that fall within the definition of a council-controlled organisation, but were not a LATE (eg some Trusts) under the LGA 1974, do not have to have a statement of intent in place until the 2004/05 year.



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Last updated: 13/05/2005