Our Reference: 250811147909
29 August 2025
Marijke
Email: [FYI request #31542 email]
Dear Marijke
I refer to your request under the Local Government Official Information and Meetings Act 1987 (the
Act) of 4 August 2025 for information on whether the Waimakariri District Council is a body
corporate.
Question 1
Is the Waimakariri District Council a local authority?
Respond 1
As previously advised in our letter dated 17 July 2025, the Council is a local
authority (territorial council) established by the New Zealand Parliament,
with its roles and powers defined in the Local Government Act 2002.
Question 2
Is the Waimakariri District Council a body corporate? According to the
Local Government Act 2002, section 12 (1), " A local authority is a body
corporate with perpetual succession”
Respond 2
The reference of a local authority as a body corporate in Section 12(1) Local
Government Act 2002 endows the Council with full capacity to carry on or
undertake any activity or business, do any act, or enter into any transaction.
The only restrictions on the above are that it must exercise those powers
whol y or principal y for the benefit of its district.
Section 12(1) also safeguards the Council’s perpetual succession, ensuring
that it has a continuous existence as an entity in law, unaffected by changes
in membership.
The legislation can be viewed on the following website: www.
legislation.govt.nz or alternatively if you require any further information on
the Local Government Act 2002, it is suggested that you contact the
Department of Internal Affairs, which administers the Act at
www.dia.govt.nz.
We trust this answers your query.
Yours sincerely
Sarah Nichols
Governance Manager