Local Government Act 1974

Duty (as component authority to which functions are transferred) to give notice as specified. 

Duty (as component authority) to levy taxes in accordance with the rates specified. 

Power (as distribution authority) to recover any tax payable as a debt due. 

Duty (as distribution authority) to keep a separate account for payment of tax. 

Duty (as distribution authority) to keep accounts in the manner directed by the Audit Office. 

Powers and duties (as distribution authority) re transfer to its general account of all reasonable costs and expenses incurred by it in levying and collecting the tax specified. 

Duties (as distribution authority) re the distribution of the tax among the component authorities of the tax area. 

Duty (as council) only to exercise any powers in relation to a State highway if under its control or with the consent specified. 

Powers and duties (as territorial authority affected by reorganisation scheme) in respect of a determination made by the Local Government Commission in relation to boundary roads as specified. 

General powers in respect of roads.

Powers (as council), where no land purchase required, in respect of construction, upgrade, repair, realignment of roads, selling surplus soil, making temporary use of land as road, determining what part of a road shall be carriageway/footpath/cycle track, etc, all as more particularity specified.

Restrictions:

a.  No power to name/alter the name of any road, or place a name plate on any building

b.  Subject also to the delegations under Schedule 10 of this Act

Duty (as council) to send a copy of resolution to the persons specified if a road is named/name is altered. 

Power and duties (as council) re the allocation/ change of property numbers within the district. 

Power to do all things necessary to effect registration of transfer of unformed road to the Crown. 

Powers and duties (as council) in relation to maintaining, repairing, and improving any Maori roadway.

Power and duties (as council) where road widening results in a betterment to land owners as specified. 

Duty (as council) to send notice of cancellation of building line restriction to the persons specified if building line restrictions are cancelled; Power to do all things necessary to effect registration of notice. 

Duty (as council) not to lay out or construct roads on any scheme plan with a grade any steeper than those fixed as specified. 

Power (as council) to make a map of district roads and road levels and duty to make map available for public inspection as specified; Power (as council) at any time, to fix the level of any road subject to the conditions set out in Schedule 13 unless the circumstances specified apply ( where no hearing is required); Duty (as council) to publicly notify level fixed Powers and duties (as council) in relation to fixing the level of any road/throwing a batter and compensation payable under the PWA 1981. 

Powers and duties (as council) re forming/ upgrading footpaths/the imposition of charges/unpaid costs as specified.

Power (as council) to put charge on the land re unpaid costs.

Powers (as council), on any road, in relation to construction/alteration /removal of barriers and segregations strips as specified.

Powers and duties (as council) re constructing roads; pedestrian safety areas; road features ( plots/flower beds/trees, etc); and facilities for the safety/health /convenience of the public/traffic control and/or enforcement purposes;

Power (as council) to do all things necessary to light with private roads, and public places, where no acquisition of land/buildings is required. 

Require payment for vehicle crossing.

Power (as council) to authorise person to require the occupier/owner of land to pay the cost of the construction of a vehicle crossing; and to serve notice re the removal of a crossing in the circumstances described.

Powers and duties (as council) in relation to vehicle crossings; construction, removal, dealing with objections, cost recovery, refunds, etc.

 

 

Powers and duties (as council) to require an owner to alter a pipe or drain alter/ and to make alteration itself subject to the provisions specified. 

Powers and duties (as council) re erection of transport shelters on footpaths, notification of proposal hearings, providing no objections received and to implement decision of any hearing. 

Powers (as council) to grant/cancel permits for the erection of private motor garages or remove garages as specified. 

Power (as council) to grant a lease/permit use of surface, for airspace and subsoil of any road for a period not exceeding 5 years, subject to specified restrictions.

Restriction: Subject also to General Delegations - Property Management

Power (as controlling authority or local authority) to carry out functions or duties conferred or imposed under s 83 of the Railways Act 2005 except those which first require a resolution of the Council. 

Power (as council) to close any road to any type of traffic on a temporary basis as provided in Schedule 10 cls11(a)-(d).

Restriction: Subject also to  delegations under Schedule 10




Powers (as council) with regard to the erection or removal etc of swing gates/cattle stops across roads. 

Power (as council) to grant a lease of road no longer required (for a period not exceeding 5 years) in the circumstances and in the manner prescribed; apply road no longer required to another purpose.

Duty (as council) to set aside stopped road as an esplanade reserve where situated along the sea, bank of any river or margin of a lake, in the circumstances and manner prescribed.  

Restrictions:

Subject also to General Delegations - Property Management

Powers in relation to limited access roads

Powers with respect to private roads and private ways.

Power (as council) to serve notice where an offence has been committed where a person lays out/forms a private road/way or grants or reserves any right of way in breach of the Act/conditions imposed by council. 

Duty (as council) to take all sufficient precautions for the general safety of the public, traffic and workmen etc on or near any road as particularised. 

Duty (as council) re registration of Council resolution consenting to the construction of a cellar/other excavation against the land title. 

Require removal of overhanging trees and execute works where life, property or road is in imminent danger.

Powers and duties (as council) re removal, storage, disposal of abandoned vehicles on roads and proceeds of sale (in addition to those prescribed in s239 of the PWA 1981). 

Powers and duties (as territorial authority) re removal/disposal/release of vehicle found on road/public place (as defined), and retention of proceeds where applicable (in addition to those prescribed in s239 of the PWA 1981). 

Duty (as territorial authority) to exercise power under s356A where both s356A and s356 apply. 

Powers and duties (as council) in relation to authorising specified encroachments on a road. 

Restriction: Encroachment licences can only be authorised for a maximum of 5 years

Power and duties (as council) in relation to enclosing or covering any watercourse that is a nuisance or may become dangerous to public health. 

Power (as council) to require payment from land owners for betterment of land value due to enclosing or covering of watercourse under s446 (and in accordance with s326(3)–(10)). 

Power (as council) to enter agreement with person proposing to build, for drainage works to be diverted, altered, etc at the cost of that person. 

Powers (as council) re requiring owner/s of any land or buildings to do specified things with regard to a private drain/common private drain and where owner fails to do so, to carry out works itself and recover the costs. 

Powers and duties (as council) re entering private land (prior to and following resolution of Council) to lay private drain; payment of costs/cost recovery/ compensation to adjoining owners, legal proceedings, etc;

Restriction: Subject also to General Delegations – Legal Proceedings 


Duty (as council) to firstly give requisite public notification re declaring a private drain to be a public drain.

Power (as council) to replace or repair property damaged by unlawful connection of a private drain and recover costs of work and amount of damage done from the person concerned. 

Require removal of tree roots.

Powers as to drainage channels and land drainage works. 

Inspection of private dams.

Powers and duties (as council) re removal of obstructions from drainage channel/ watercourse, not under the control of the council including; entering land; cost recovery; registration of charges; courts proceedings etc, in the circumstances described.

Powers (as council) re covering in/improving any drainage channel/watercourse; cost recovery; registration of charges, etc.

Powers and duties (as council) re the removal of obstructions in watercourses under the control of the council extending beyond the district. 

Powers and duties (as council) conferred/imposed by Schedule 14. 

Duty (as council) to publicly notify resolution re limitation of use of parking places/transport stations.

Powers and duties (as council) in relation to the fixing and maintenance of fire hydrants provided under s130 of the LGA’02. 

Duties (as council) re keeping pipes fixed to fire hydrants charges with water/allowing water to be taken for emergencies, etc. 

Power (as council) to apply for an injunction restraining a person from further continuance of a breach of the Act.

Restrictions:

a.  This power may not be sub-delegated.

b.  Subject also to General Delegations – Legal Proceedings



Duties (as council) in relation to preparation, public notification, etc, of plan re road proposed to be stopped, fixing notices, etc. Powers and duties to give effect to the decision of the Council re road stopping (where no objections received or any objections are allowed); Duty (as council), where any objections received are not allowed; Powers and duties (as council) in relation to declaring, by public notice, that road is stopped in the circumstances specified. 

Powers and duties (as council) in respect of temporary prohibition of traffic on roads for purposes associated with construction/ repair of drains, pipes, etc, problems associated with traffic operations, diversion of traffic and as otherwise specified. 

Duty (as council) to give public notice of intention to consider closing of road and its subsequent decision.

Powers (as council) re imposition of charges for entry of persons/vehicles as provided.

Restriction: The power to close a road under cl11(e) CANNOT be delegated to an officer.

Duty (as council) to publish and post notice on affected road as specified; Duty (as council) to send copy of resolution to Minister of Transport. 

Duties (as council) re the publication of intention to fix the level of a road, arrangement of meetings etc; Powers and duties (as council) re fixing levels of roads, in respect of public notification, etc.

Powers and duties (as council) re drainage channels and land drainage works on roads and other public works not under the control of the council as specified.