Local Government (Amendment) Act No. 6 of 2006

Section 22 of the principal Act is amended by repecling the v10rds "~vVhole nun1ber of the" w1d substituting the ¥.rord "elected". Amel:lldment of section 24 15, Section 24 of the principal Act is aiuended in - (a) subsection (1) by inserting the word "elected" between the words "the" and ''members"; and (b) subsection (3) by inserting the word "elected" between the words "the" and "members". AmeB.]dment of .section 29 16, Section 29 of the principal Act is amended as follows - (a) in subsection (1) by repealing the \vords "the term of office of the Tiibi Kauntira"; and (b) in subsection (2) - (i) by inserting the words "and Te Kauoma.'1 Tiibi Kauntira" between the words "Tiibi Kauntira" and "of'; and (ii) repealing the word "him" mid substituting the word "them", Amendment of section 33 17, Section 33 of the principal Act is amended by inserting a new subsection (3) as follows - "(3) A committee appointed under this section shall comprise five members, three of whom shall be elected members:' Amendment of section 35 18, Section 35 of the principal Act is amended by inserting "as soon as practicable" at the end of the said section, 7 Amendment of section 37 19. Section 37 of the principal Act is amended by - (a) inserting the words "make byelaws preventing" between the words "to" and "the"; a.'1d (b) repealing the word "prevent". Amendment of section 43 20. Section 43 of the principal Act is amended in subsection (2) as follows - (a) by inserting the ¥.rords HSubject to section 55,'~ imn1ediately at the beginning of the subsection; and (b) by inserting the words "to a reasonable standard or habitable condition" between the words "maintain" and "qu&---ters". Amendment of section 44 21. Section 44 of the principal P.~ct is mnended - (a) in subsection (2) by inserting the words "responsible for land matters" between the words "'fv1inister" and ''may'~; (b) in subsection (4) by inserting the words "responsible for land matters" between the words "Minister" &'1d "shall"; (c) in subsection (5) by inserti_ng the v..rords '"responsible for land matters" between the words "Minister" and "may"; and (d) by ir1serting a new subsection (6) as follows - "(6) In exercising his powers under this Act, t.11e Minister, responsible for land matters, is required to consider other suitable locations. Amendment of section 48 22. Section 48 of the principal Act is amended by repealing the word "council" appearing between the words "the" and "in" and substituting the word "Republic". Amendment of section 49 23. Section 49 of the principal Act is amended by - (a) renumbering the present section 49 as subsection (1); (b) inserting at the end of the said subsection (1) the words "in accordance with &'1 action plan of the Council dealing with disasters and emergencies."; and (c) inserting a new subsection (2) as follows - 8 "(2). In any such event, the Tiibi Kauntira shall immediately report the circun1stances to the Minister and to the council concerned and the Minister shall submit the report of ll-ie Tiibi Kauntira to the Minister responsible for disaster management for funding." Amendment of section 50 24. Section 50 of the principal Act is ai11ended - (a) in subsection (1) by repealing - (i) the figure "$100'~ and substitr.1ting "$10,000"; (ii) the words "6 weeks" and substituting the words "2 years"; (iii) the figure "$2" imd substitating "$2,000"; and (b) in subsection (5), by repealing the word "a" appearing bet-1✓een the words "empower" and "specified" and substituting the word "that"; 25. Section 51 of the principal Act is amended - (a) by repealing subsection (3) and substituting the following - "(3) When proposing a bye-law or arnend.'llent of a bye-law as ti'ie case may be, the Council shall cause such bye-law or amendment to be publicised widely, debated arid discussed at public meetings of persons resident vvithin the area of authority of the council." (b) subsection (4) by inserting the words "giving reasons for such refusal" between the words "approve" and "any"; and (c) subsection (5) by repealing the words "at any time" appearing between the words "may," and "after" and substituting the words "in the public interest". Amendment of section 52 26. Section 52 ofll-ie principal Act is amended in subsection (2) by repealing the words "in the vernacular" appearing between the words "thereof' and "approved". Amendment of section 55 27. Section 55 of the principal Act is amended - (a) by repealing paragraphs (a) and (b); (b) by renumbering sub-paragraphs "(i) - (xiv)" as paragraphs "(a)- (n)" respectively; (c) in the new paragraph (c), by inserting at the end the words "and Acts"; 9 (d) by repealing the new paragraphs(]), (m) and (n) and substituting the following new paragraph - "(!) all monies derived from hiring of plants and vehicles owned by the Council.'' Amendment of section 63 28. Section 63 of the principal Act is amended by repealing the whole section and substituting the following - "63. The Minjster, acting in accordance with the advice of Cabinet shall issue v,;ritten i..1;.stru.ctions, to be called Financial Instructions, not inconsistent with this .A.ct, for- (a) regulating &1.d for controlling the rDaking of receipts and payments of council; (b) regulating and controlling operation of tl1e bank accounts of Councils; (c) providing for abandonment of claims and write offs; (d) regulating the tendering of services required by the Council; (e) regulating the purchase and safekeeping of stores and supplies; and (f) the better control and management of the financial business of councils, and such instructions may be issued eit.her generally or ,vit.½. respect to t..11.e c0Ui.1cils in any particular area a..11.d shall be observ'ed an.d obeyed by the council or councils with respect to which such instructions have been issued." Amendment of section 68 29. Section 68 of the principal Act is &'TI.ended - (a) by repealing the words "Director of Audit" and substituting the words "Auditor General"; and (b) by inserting at the end the following "and for submission to the Maneaba ni Maungatabu for information.". Amendment of section 69 30. Section 69 of the principal Act is amended - (a) by repealing the words "Director of Audit" wherever they occur and substituting the ,vords "P,.uditor General"; (b) in subsection(]) paragraph (a), by inserting the words "unlawful or" between the words "is" and "contrary"; and 10 (c) by repeaiing the proviso clause at the end of subsection(!). Amendment of section 70 31. Section 70 of the principal Act is amended by repealing - (a) the word "servantsn appearing in the title heading and substituting the t.vord "employees"; and (b) the word "servant" appearing between the words "or" and "of' in the first and second lines a._11.d substituting the 1.vord ''employee"; a..11.d (c) by repeaiing the words "Director of Audit" and substituting the words "Auditor General''; Amemimeimt of section 71 32. Section 71 of the principai Act is amended - (a) by repeaiing the words "Director of Audit" wherever they occur a,,d substituting the words "Auditor General"; (b) in the proviso clause - (ii) renumbering the said clause as subsection (2); (c) insertL.7.g a nevv subsection (3) as follovvs - "(3) The costs associated with attending the audit examination and proceedings connected thereto shall be borne by the Republic." (d) in subsection (2) - (i) by renumbering the said subsection as subsection (4); and (ii) by repealing the figures "$ i 00" and "3 months" and substituting the figures "$1000" and "6 months" respectively. Amendment of sections 72, 73, 74 and 75 33. Sections 72, 73, 74 and 75 of the principal Act are amended by repealing the words "Director of Audit" wherever they occur and substituting the words "Auditor General". Amendment of section 76 34. C.::..Pr.tinn 7h ofthP: prln('.ipal ~r.t i.:.: ~mPnr1P:rl hy rPpe:::ifrng the fignrP. ''i::..7" in thP .:.:er.nnr1 line and substituting the figure "47". 11 Amendment of section 78 35. Section 78 of the principal Act is an1ended by repealing the whole section and substituting the following - "78. If in any financial year, the Council is required to - (a) cover expenditure previously incurred; (b) meet contingencies; ( c) defray any expenditure not yet defrayed; and (d) make supplementary appropriation to cover any unforeseen expenditure or offset any expenditure already incurred without provision, the Council shall by formal resolution make and leV'J one or more of the rates specified in section 77(1) as v,ill be Slli+ficient to provide for such purposes." Amemlment of section 80 36. Section 80 of i>'le principal Act is an1ended - (a) in subsection 2(a), by repealing the words "i8 years" and substituting the words "21 years"; in subsection 2(b), by repealing the figure "$2" a,,d substituting the words "half the amount of the basic rate."; and (c) in subsection 3(a), - (i) by inserting a "full stop" after the word "resident" in the fifth line; and (ii) repealing all the words thereafter. (d) by repealing subsection (3)(b) and substituting the following - "(3)(b) Any person temporarily resident in the area of authority of a council shall be liable to pay the basic rate unless a receipt of payment is presented as proof of payment to the council in the area of authority of which such person is a resident." (d) by repealing subsection (4). Amendment of section 82 3 7. Section 82 of the principal Act is amended - (a) in subsection (2), by inserting a new paragraph (e) as follows - "(e) lands and buildings belonging to the council and the Republic."; and 12 (b) in subsection (3) by repealing the word "poverty" and substituting the word "hardship". (c) in subsection (3) by adding after the full stop the following - "'ln this section, "hardship" meaI1s the inability to pay basic rate due to a physical and mental disability, old age, single mother or such other reason as the Council may deem just." Amendment of section 85 38. Section 85 of the principal Act is amended - (a) (i) in subsection (1) by repealing the vvords "the proof of which shall lie on the person charged'~; and (!·,,·), ]" "$1~,.,..., b.yrepea_1ng ()() an....,F' a.11 d suusntuting h ·· · " notexceea1ng;i,1vvuor". ,. m• ~~~ •· (b) in subsection (2) by repealing "of$ I 00 and" and substituting "not exceeding $1000 or". 39. Section 86 of the principal Act is amended by repealing - (a) the words "the proof of which shall lie on the person charged"; and (b) the figure "$200" and substituting the figure "not exceeding $2000". Amenuime11t of section 87 40. Section 87 of the principal Act is amended by repealing the words "$200" and "6 months" and substituting the words "not exceeding $2000" and"! year" respectively. Amendment of section 88 41. Section 88 of the principal Act is &uended - (a) in subsection (2) by repealing the words "$100 and to imprisonment for 6 months" and substituting the words "$1000 or, in default of payment, to imprisonment for 6 months."; and (b) in subsection (3) by repealing the figure "$ I 00" and substituting the figure "$1000". Amendment of section 89 42. Section 89 oft.he principal Act is &uended in subsection (2)(a) by inserting the words "or possessions" between the words "property," and "as". · 13 Amendment of section 90 43. Section 90 of the principal Act is amended by repealing "$200 and" and substituting '"not exceeding $2000 or''. Amendment of section 93 44. Section 93 of the principal Act is amended by inserting the words "or former or retired suitably qualified public servants" between the words "employees" and "one" in the second line. Amem!mrnt of section 96 4 5. Section 96 of the principal Act is amended by inserting at the end of the proviso clause the words '\vith special skills or qualification for a pru"iicular v~'ork or job." Ame:m!ment of section 97 46. Section 97 of the principal Act is amended by repealing the words "and with the consent of the officer concerned". Ameml.ment of section 99 47. Section 99 of the principal Act is amended - (a) in subsection (1) by repealing the words "within 3 months" and substituting the words "within a reasonable time"; and (b) in subsection ( 4) by repealing "$100'' and substituting "not exceeding $1000". Amendment of section HH 48. Section 101 of the principal Act is amended in paragraph (c) by repealing the words "gratuities granted" and substituting the words "provident fund contribution". Amendment of section 102 49. Section 102 of the principal Act is amended by repealing the words "Subject to section 103, section 104 and section I 05 of the Constitution, for the avoidance of any doubt,". Amendment of section 103 50. Section 103 of the principal Act is amended - (a) in the title heading by repealing the words "pensions, gratuity or other allowances"; and (b) by repealing the words "pensions, gratuity or other" in the first line and substituting the words "provident fund"; and 14 (c) deieting the "colon" after the word "whatsoever" at the end and substituting a "comma"; and (d) inserting the words "except as provided under 1J1e Provident Fund Ordinance." at the end of the first paragraph before the proviso. Amendment of section lll4 ) l. Section l 04 of the principal Act is amended by repealing the whole section and substituting the following - "104. A_1J.y matter, thing, done or contract entered by a council through - (a) an officer or empioyee of a council, or (b) other person acting under the direction of a council, was done bona fide for the purposes of this Act shall not subject an officer or employee or other person directed by the council personally to any action, liability, claim or dema..11d whatsoever." Amendment of section 107 52. Section 107 of the principal Act is amended by repealing the whole section and substituting the following - " 107. In any prosecution by or on behalf of a council and in any civil cause or matter in which a council is a party, the council may be represented by any member, officer, employee, or other legal representative duly authorised in L'lat behalf by the council." Amendment of section 112 53. Section 112 of the principal Act is amended by - (a) repealing the word "servant" in the first line and substituting the word "employee"; (b) inserting the words "cou11cils area of authority" appearing in the fourth line betv1een the words "'tl1e" and "'area"; and (c) repealing the words "area in which such council is established" appearing in line 4. Amendment of section 114 54. Section I 14 of the principal Act is amended in - (a) subsection (l)(c) by repealing the words "public body" and substituting the words "government owned company"; (b) subsection (4) by repealing - (i) the words "unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal"; 15 (ii) "$20" and substituting "not exceeding $ 1000"; and (iii) "6 weeks" and substituting "6 months". A,. mendment of seetion 116 55. Section 116 of the principal Act is amended in - (a) subsection (I) by repealing - (i) "$20" and substituting "not exceeding $1000"; (ii) '"6 weeks" and substituting '"6 months"; and (iii) "$2" and substituting "$5"; (b) subsection (2), by inserting the words "and assets" between the words "fund" and "'of,_ Amellldment of section 117 56. Section 117 of the principal Act is amended by - (a) inserting the words "under this Act" between the words "officer" and "which"; and (b) repealing the word "servant" appearing in the fourth line and substituting the word "employee". _,_&.._:me:nd.men.t of section 118 57. Section 118 of the principal Act is amended in subsection (3) by repealing tl1e words "Minister whose decision is final" and substituting the words "magistrates' court". Amendment Gf section 119 58. Section 119 of the principal Act is amended in - (a) paragraph (a) by repealing the word "servant" and substituting the word "employee"; and (b) the last paragraph by repealing - (i) "$50 and" and substituting "not exceeding $ 1000 or"; and (ii) "3 months" and substituting "6 months". Amendment of section 120 59. Section 120 of the principal Act is amended by repealing "$2" and substituting "not exceeding $100". 16 Amendment of section 122 60. Section 122(!) of the principal Act is amended in subsection by repealing the following- (a) "$20" a11d substituting ''not exceeding $1000'~; (b) "6 weeks" and substituting '"6 months"; and (c) "$2" and substituting "$5". Ame.miment of section 123 61. Section 123 of the principal Act is a..111.ended by inserting the ~words '"or councils'' bettveen the v1ords "council's arid "for" in the t.1-iird line. Inserting new section 126 62. A new section 126 is inserted as follows - "Jurisdidion of Magistrates Court 126. The Magistrates Court shall have jurisdiction to try offences under this Act." 63. Tru,sitforrnl provisim:is (1) \Vithin tl"_uee n1onths of the entry of this Act, steps shall be taken under this section to dissolve all Councils in Kiribati, so as to standardize the terms of office of the elected members of such Councils. (2) Notwithstanding the provisions of section l O of the principal Act as it was in force immediately prior to the entry into force of this Act, the Minister, acting in accordance with advice of the Cabinet, shall, by notice published in the Gazette, appoint a date on which the Council or councils specified in the notice shall stand dissolved. (3) A notice under subsection (2) shall have effect as if the date specified in the notice was the fourth anniversary of the election of the Council. 17 THE LOCAL GOVERNMENT (AMENDMENT) ACT 2006 EXPLANATORY MEMORANDUM 'vV1nen the Local Governrr1ent .A. . ct was passed in 1984, it was to ruuend. substa..11tia1ly the Ordinance then existing by way of repealing it and substituting the new Act. Twenty years has since passed and although there have been several amendments to the existing Act, they are not as substantial as that contained in this Bill. The an:iendments came about from the review preceding the drafting of this Bill and after holding consultative meetings with officials of island councils.

Section 2 deals with the interpretation of-words and phrases, by deleting some and defining and redefining some.

Section 4 amends section 9 by adding a qualification for election to a council to the one already existing which is that a person has to atiain 2 i years of age. The amendment aiso deletes certain qualification criteria, and replacing them as new paragraphs (d) and (e) referring to criminal conviction and mental incapacity respectively.

Section 5 amends section l Oto put the term of office of elected members strictly to 4 years, cancelling the rotational membership.

Section 6 amends section 12 by inserting an additional ground for a nominated member's seat to fall vacant, that is, if he/she fails to attend 2 consecutive meetings without the permission of the Council.

Section 8 arnends section 15 by adopting the national model approach for electing he Tiibi Kauntira. The Tiibi Kauntira or his Kauoman can be removed by two-thirds of the elected 111cu1bt::r:s.

Section 9 inserts a new section 16A dealing with a No Confidence Motion, to be moved after the Tiibi has been in office for 18 months and the motion be moved and voted upon by the elected members only.

Section 11 inserts a new clause I 7A dealing with the expiration of term of the council and empowering the Clerk to exercise a limited power of the Council in the interim.

Section 13 amends section 20 dealing with convening of meetings of the council to be restricted to elected members only.

Section 15 amends section 24 restricting the voting on acts and matiers of the Council to elected members only. Although the Council is comprised of various members - elected, ex- officio, special and nominated, only elected members can vote on matiers or acts to be done by the Council.

Section 17 amends section 33 to put a limit on the membership of the Area Commitiee to 5, 3 of whom shall be council members.

Section 23 amends section 49 by inserting a new subsection making it clear that the Tiibi Kauntira shall act in time of emergencies in accordance with the action plan of the Council. 18 The Council is expected to develop its own action plan, and the report of the emergency shall be made to the Minister and to the Minister responsible for disaster management. Sections 24 a_mends section 50 des ling with bye laws. The penalty is increased to a fine not exceeding $10,000, and a penalty is increased to a fine not exceeding $2,000 per day. This should not cause ala.rm. The Council is no\-V given a discretion to insert under its byelaws penalties that ran.ge from Oto $10,000. The sa_me concept applies to penalties.

Section 28 a..-nends section 63 to make it more readable and to extend the scope of the contents of the Financial Instructions. At section 36, a new subsection 3(b) is proposed to be inserted in section 80 to compel any person te1nporarily residing in a council's area of authoriiy to pay basic rates unless he or she ca_n prove that he has already paid such basic rates to anot.1-ier cou...1cil.

Section 37 amends section 82 by exempting at subsection (2) lands and buildings belonging to the council and the Repubiic from assessment and rating under the Act. The word "poverty" is replaced by "hardship" in subsection (3).

Section 44 amends section 93 to include retired experienced public senai,ts or t.'iose 'with relevant local government administrative experience to be appointed as Clerks to island councils.

Section 51 reconstructs the present section 104 to protect an officer or employee of the council or any other person acting under the direction of the council from matters done bona fide.

Section 57 a..-nends section 118 dealing with determination of age by the rate coilector and replaces the Minister with the magistrates court as a forum for determination of grievances from those aggrieved by a determinaiion of a rate coilector.

Section 62 empowers the magistrates court to try offences under this Act. Titabu Tabane Attorney-General 7 November 2005 CER1TFICATE OF THE CLERK OF THE MANEABA NI MAUNGATABU This printed impression of the Locai Govemmem (Amendmem) Act 2006 has been carefuiiy examined by me with the Biii which passed the Maneaba ni Maungatabu on the 21 st November 2006 and is found by me to be a t,71e and correctly printed copy of the said Bill. ~. i-1... Published by exhibition at the Maneaba ni 1\/Iaungatabu this ....':'.... day of ,.::;f,"'.";:;~~-v-1 ......... 200efi':7- -c-·- -, Clerk ~f~h~· ~~ b ~~~gatabu