Local Government (Protection of Auckland Assets) Amendment Bill

Local Government (Protection of Auckland Assets) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This bill protects Auckland’s local authority assets by requiring a referendum under the Local Electoral Act 2001 before sale or privatisation. CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title provision. Clause 2 provides for the bill to come into force on the day after the date on which it receives the Royal assent. Clause 3 sets out the purpose of the bill. Clause 4 defines the Principal Act as the Local Government Act 2002. Clause 5 inserts new section 63A, preventing the sale, disposal, or surrender of control of assets or organisation listed in new Schedule 21. Clause 6 adds new Schedule 21, listing protected Auckland assets. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Local Government (Protection of Auckland Assets) Amendment Act 2009 . 2 Commencement This Act comes into force on the day after the date on which it receives the Royal assent. 3 Purpose The purpose of this Act is to prevent the sale or privatisation of council controlled organisations. 4 Principal Act amended This Act amends the Local Government Act 2002. 5 New section 63A inserted The following section is inserted after section 63: 63A Restriction on sale or privatisation of Auckland local authority assets 1 No Auckland local authority shall— a sell or otherwise dispose of, or sell any equity securities; or b surrender any voting rights; or c relinquish any right to appoint trustees, directors, or managers (however described). 2 Subsection (1) applies to any asset or organisation listed in Schedule 21 of this Act unless the proposal for sale, disposal, or surrender of control has been carried by a majority of the valid votes cast in a referendum conducted under the provisions of the Local Electoral Act 2001. 3 No Auckland local authority shall sell or otherwise dispose of any parks, swimming pools, public libraries, or public housing assets, except in a business as usual transaction as part of normal portfolio management, unless the proposal for sale, disposal, or surrender of control has been carried by a majority of the valid votes cast in a referendum conducted under the provisions of the Local Electoral Act 2001. 4 In this section, Auckland local authority includes— a Auckland City Council; or b Auckland Regional Council; or c Franklin District Council; or d Manukau City Council; or e North Shore City Council; or f Papakura District Council; or g Rodney District Council; or h Waitakere City Council; or i Auckland Transitional Authority (as established by the Local Government (Tamaki Makaurau) Act 2009); or j any successor body to any of the above. 6 New Schedule added The principal Act is amended by adding the Schedule 21 set out in the Schedule of this Act. New Schedule 21 added to principal Act 21 s 63A Protected Auckland assets Auckland Regional Transport Authority Auckland Regional Holdings Ltd America's Cup Village Limited Ports of Auckland Limited Tourism Auckland and Visitor Trust Sea+City Projects Limited Metro Water Ltd Auckland International Airport Ltd Watercare Services Ltd Auckland Regional Transport Network Ltd NSC Holdings Ltd 12 North Shore Domain and North Harbour Stadium North West Auckland Airport Ltd Enterprise North Shore Waitemata Harbour Clean-Up Trust The Safer Papakura Trust Proudly Papakura Trust Manukau City Investments Ltd Manukau Water Ltd Tomorrow's Manukau Properties Ltd (TMPL) TMPL (Flatbush) Ltd Waste Disposal Services Manukau Building Consultants Ltd Manukau City Investments Ltd Manukau Leisure Services Ltd Manukau Education and Employment Trust The City of Manukau Education Trust Pakuranga Arts and Cultural Trust Highbrook Park Trust Manukau Beautification Charitable Trust Te Puru Community Trust Counties Manukau Pacific Trust John Walker "Find Your Field of Dreams" Foundation Waitakere City Holdings Ltd Waitakere Properties Ltd Waitakere Enterprise Trust Prime West Ltd Prime West Management Ltd Araparera Forestry Management Ltd Franklin Arts, Culture and Library Trust Local Authority Shared Services Ltd 21 Protected Auckland assets