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Village Councils Act 2016

NIUE


VILLAGE COUNCILS ACT 2016


NO. 334


Contents


1. Title
2. Commencement

Part 1
Preliminary matters

3. Interpretation

Part 2
Establishment of Village Councils

4. Establishment and constitution of village councils
5. Electoral rolls and electors
6. Elections of village council
7. Where number of candidates 5 or less
8. Qualifications of electors
9. Qualifications of person nominating
10. Qualification of candidates
11. Term of office
12. When office becomes vacant
13. Removal or suspension from office
14. Casual vacancies
15. Chairperson and deputy chairperson
16. Village council members must take oath

Part 3
Functions and powers of Village Councils

17. Performance of functions and exercise of powers
18. General functions of village council
19. Community facilities and activities
20. Planning
21. Powers of village council
22. Exercise of power not invalid or unlawful in certain circumstances
23. Bylaws
24. Fees for services
25. Fees may be recovered as debt

Part 4
Meetings of Village Council

26. First village council meeting
27. Procedure at first village council meeting
28. Standing orders
29. Regularity of meetings of village council
30. Meetings of village council
31. Meetings with residents
32. Administrative matters
33. Village council members must disclose conflicting interests

Part 5
Village Council money and assets

34. Administrative costs
35. Ownership and control of assets
36. Establishment of village council accounts
37. Discretionary grants from public revenue
38. Village councils may accept offers by Cabinet to advance money
39. Reserve fund
40. Power to invest
41. Duty to keep proper accounts
42. Write-off of irrecoverable amounts
43. Village council accounts must be audited
44. Village council must provide annual report
45. Council may employ or engage persons to provide services

Part 6
Miscellaneous

46. Remuneration of village council members
47. Village council members not personally liable for certain actions
48. Suspension of village council
49. Abolition of village council
50. Village council may be exempted from taxes
51. Regulations
52. Offences
53. Application of fines
54. Judicial notice
55. Purposes of village council deemed to be public purpose
56. Village Councils Act 1967 repealed
57. Transitional provisions


An Act to provide for the establishment, membership, functions, and operation of Village Councils.

The Assembly enacts as follows-

  1. Title

This Act is the Village Councils Act 2016.

  1. Commencement

This Act comes into force on the day after the date on which this Act becomes law in accordance with Article 34 of the Constitution.

Part 1

Preliminary matters

  1. Interpretation

In this Act, unless the context otherwise requires,—

Assembly member, in respect of a village, means the member of the Niue Assembly representing the village
assets means property of any kind, whether tangible or intangible
Chief Electoral Officer means the Chief Electoral Officer appointed under section 3 of the Niue Assembly Act 1966
constituency electoral roll means the constituency electoral roll referred to in section 13 of the Niue Assembly Act 1966
constituent notice, in relation to a village council, means the notice or notices published under section 4
council area, in relation to a village council, means the area in and for which the council is established
election means an election of 1 or more village council members
Director means the head of the department responsible for administering this Act
Director-General means the head of the Ministry responsible for administering this Act
financial year means the period of 12 months commencing on 1 July in any 1 year and ending on 30 June the following year
resident in respect of a village, means a person whose name appears on the constituency electoral roll for the village
Secretary means the person appointed as Secretary of a village council under section 32
village means a village constituency established by section 5 of the Niue Assembly Act 1966
village council or council means a village council established by or under this Act.

Part 2

Establishment of Village Councils

  1. Establishment and constitution of village councils

(1) Cabinet may, by notice in the Gazette,—

(a) establish a council in and for the village described in the notice;
(b) provide for the manner in which the council is to be constituted;
(c) provide for the boundaries of the council area in accordance with the Niue Assembly Act 1966;
(d) provide for the manner of election to the council;
(e) if there are less than 3 members of the council, provide for the meetings and procedure of the council.

(2) A village council must consist of—

(a) not more than 5 members; and
(b) unless otherwise specified in the constituent notice, not less than 3 members.

(3) A village council is a body corporate as described in section 26 of the Interpretation Act 2004.

(4) After consultation with the village council concerned, Cabinet may, by notice published in the Gazette,—

(a) vary the boundaries of the council area in accordance with any change made in the boundaries of a constituency under the Niue Assembly Act 1966;
(b) change the name of the council;
(c) vary the constitution of the council;
(d) vary any matter referred to in subsection (1)(d) or (e).
  1. Electoral rolls and electors

(1) The electoral rolls to be used for village council elections are those required by section 13 of the Niue Assembly Act 1966.

(2) The provisions relating to the compulsory registration of electors in section 14 of the Niue Assembly Act 1966 apply in the same manner to village council elections.

(3) Before a village council election, the constituency electoral roll for that village must be closed on a date fixed by the Chief Electoral Officer.

(4) The Chief Electoral Officer must give public notice of the date fixed for the closing of the roll at least 10 clear days before that date.

(5) Except as otherwise provided in this Act, all other provisions relating to electors and electoral rolls in the Niue Assembly Act 1966 apply, with any necessary modifications, in respect of village council elections.

  1. Elections of village council

(1) All village council elections must be conducted by secret ballot.

(2) Elections for individual councils must be held on the dates specified by Cabinet by notice in the Gazette.

(3) Except as otherwise provided in this Act and the constituent notice,—

(a) the method of and the procedure to be followed at an election is the same as prescribed in the Niue Assembly Act 1966; and
(b) in the conduct and supervision of any village council election, the Chief Electoral Officer must have due regard to the relevant provisions in that Act.

(4) Section 35(3) of the Niue Assembly Act 1966 does not apply to village council elections.

  1. Where number of candidates 5 or less

If the number of candidates nominated for election to a village council is 5 or less, the Chief Electoral Officer must, by notice in the Gazette, declare those candidates to be elected as village council members on the date specified in the notice.

  1. Qualifications of electors

A person is entitled to be an elector at a village council election if the person is enrolled on the constituency electoral roll for the village to which the election relates.

  1. Qualifications of person nominating

(1) A person is entitled to nominate a candidate for election to a village council if—

(a) the person is enrolled on the constituency electoral roll for the village to which the election relates; and
(b) the person is not—

(2) No elector may nominate more than 1 candidate.

  1. Qualification of candidates

(1) A person is entitled to be nominated as a candidate for election to a village council if—

(a) the person is enrolled on a constituency electoral roll; and
(b) the person is not a member of the Niue Assembly; and
(c) the person is not a candidate for election to, or a member of, another village council; and
(d) the person —

(2) A person is entitled to be nominated as a candidate for election to a village council irrespective of whether the person is enrolled on the constituency electoral roll for that village.

  1. Term of office

(1) The term of office of village council members is 3 calendar years from and including the day on which the previous election was completed.

(2) A village councillor can be re-elected for 2 or more 3 year terms.

(3) A member takes office when he or she has taken the oath under section 16.

(4) Subsection (1) is subject to this Act and anything to the contrary in the constituent notice.

  1. When office becomes vacant

The office of a village council member becomes vacant if the member—

(a) refuses to take the oath under section 16; or
(b) resigns by notice in writing to the Director; or
(c) is absent, without leave of the council, for 3 consecutive meetings of the council; or
(d) is convicted of any offence punishable by imprisonment for a term of 12 months or more; or
(e) is incapable, because of any mental or physical infirmity, of performing his or her duties as a village council member; or
(f) dies; or
(g) is otherwise removed from office under section 13.
  1. Removal or suspension from office

(1) The Cabinet may, on the recommendation of the Director, remove or suspend a village council member from office if —

(a) the village council concerned has notified the Director of its concerns regarding the village council member; and
(b) the Cabinet is satisfied on reasonable grounds that the member—
(c) the member has been given a reasonable opportunity to answer any allegations made against him or her.

(2) The Director must not recommend the removal or suspension of a member until the Director has conducted, to his or her satisfaction, appropriate enquiry and consultation with the village and village council concerned.

(3) A removal or suspension takes effect on the date that the Cabinet notifies his or her decision to the village council.

(4) The member or village council concerned may appeal to the court against the decision of the Cabinet.

  1. Casual vacancies

(1) If a casual vacancy occurs in the office of a village council member more than 6 months before the expiry date, the vacancy must be filled by election in accordance with section 6.

(2) If a casual vacancy in the office of a village council member occurs within 6 months before the expiry date, the Director-General may, after consultation with the council, appoint a suitably qualified person to hold the vacant office.

(3) A village council member elected or appointed under this section holds office for the balance of the term of office of the member being replaced.

(4) In this section, expiry date, means the date on which a village council member's term of office expires under section 11.

  1. Chairperson and deputy chairperson

(1) Each village council must elect a chairperson and a deputy chairperson.

(2) An Assembly member representing a village constituency holds office in the village council for that constituency as an ex officio member and must not vote in any meeting of the council.

  1. Village council members must take oath

(1) Unless re-elected, village council members vacate office immediately after the new village council members take their oath, which oath must be taken within 7 calendar days after the date of their election.

(2) A person elected as a village council member must not sit or vote in a meeting of the village council until he or she has taken the following oath before the Assembly member, Director, or Minister:

I, [full name], swear by Almighty God that I will justly and faithfully carry out my duties as a village council member of the [name of village] village council according to law.
So help me God.

(3) If a village council member is unable to take his or her oath verbally because he or she is overseas or hospitalised, he or she may instead take the oath by making a signed declaration in a form provided by the Director that contains the full oath set out in subsection (2).

Part 3

Functions and powers of Village Councils

  1. Functions and powers of village council

(1) The functions and powers of a village council are those specified in this Part, and are in addition to any functions and powers specified in this Act and any other enactment.

(2) The functions and powers of a village council that are specified in this Part are subject to any other law in force in Niue.

(3) Cabinet may direct a village council to perform a function specified in this Part, and it is the duty of the council to comply with that direction.

  1. General functions of village council

The functions of a village council include—

(a) the provision, construction, maintenance, and regulation of—
(b) the provision of services relating to health, sanitation, prevention and suppression of infection diseases, and disposal of the dead, including—
(c) the provision of services for the prevention and abatement of nuisances, including:
(d) the establishment, operation, and regulation of markets and commercial enterprises, including—
(e) the maintenance of the peace and security of the village residents in close co-operation with the Police;
(f) any other function specified in this Act or any other enactment.
  1. Community facilities and activities

A function of a village council is to establish or encourage the establishment of facilities it considers will benefit the residents of the village, including—

(a) the establishment, operation, and maintenance of public halls, libraries, and community, cultural, or sports facilities;
(b) the provision of community education schemes;
(c) the provision of funding to associations for the promotion of handcrafts, recreation and sports, tourism, or the welfare of residents.
  1. Planning

(1) A function of a village council is to establish and maintain plans for the following:

(a) schemes or development schemes for any part or all of the council area;
(b) adherence to safety at sea measures;
(c) responses to natural disasters;
(d) the sustainable use of coastal, reef, and sea foods.

(2) For the purpose of subsection (1)(c), any plans relating to natural disasters must—

(a) identify assistance that residents are likely to require following natural disaster warnings;
(b) make provision for ensuring the safety of residents;
(c) make provision for safe houses to accommodate residents that are required to evacuate;
(d) identify means of assistance for residents to evacuate to safe houses;
(e) provide for the clearing and cleaning of debris and the preparation of roads for public access.
  1. Powers of village council

(1) A village council may, in the performance of its functions or duties under this Act,—

(a) organise, finance, engage in, or assist any business or enterprise;
(b) take any action it considers desirable to improve—
(c) carry out any works for the benefit of the council area or of its residents; or
(d) borrow money.

(2) A village council must not borrow money under subsection (1)(d) without Cabinet approval.

(3) A village council may do anything it considers necessary or desirable for the performance of its functions or duties under this Act, including anything that is ancillary or incidental to the performance of those functions or duties.

(4) For the purposes of subsection (1)(b) and without limiting its generality, a village council may—

(a) acquire by lease, or otherwise (but not including compulsory acquisitions) land or buildings;
(b) develop or improve land;
(c) construct buildings;
(d) co-operate with the Government or other recognised authority or body in the provision of credit facilities;
(e) dispose of land or buildings.

(5) A village council may—

(a) provide assistance with any matter affecting the residents of the village; and
(b) make recommendations to the Government regarding matters affecting the village.
  1. Exercise of power not invalid or unlawful in certain circumstances

(1) If the Director gives his or her prior consent, the exercise by a village council of a power conferred by section 21 is not invalid or unlawful merely because—

(a) it takes place outside the council area or is related to matters outside the council area; or
(b) it is for the benefit of only some of the persons in the council area or it is for the benefit of those persons jointly with other persons.

(2) The Director's consent must relate to exercise of the power in the manner described in subsection (1)(a) or (b).

  1. Bylaws

(1) A village council may, with the approval of Cabinet, make bylaws for the performance of any of its functions.

(2) A bylaw must not be inconsistent with this Act, any regulations made under this Act, and any other enactment.

(3) A bylaw comes into force—

(a) when it is approved by the Cabinet; or
(b) on any later date specified in the bylaw.

(4) A village council must publish its bylaws-

(a) as soon as possible after they have been approved by Cabinet; and
(b) in a manner that the council considers will best bring notice of the bylaws to the attention of the general public.

(5) Money payable to a village council pursuant to a bylaw is a debt due to the council.

(6) A fine imposed for an offence against a bylaw of a village council is payable to the council.

(7) A bylaw may exempt in whole or in part any person or class of person from the payment of a fee or fine imposed under this part.

  1. Fees for services

A village council may, by bylaw or otherwise, and to the extent consistent with any regulations made under this Act, impose or charge fees for any services supplied or rendered, by or on behalf of the council.

  1. Fees may be recovered as debt

Fees due to a village council under this Part may be recovered by the council as a debt.

Part 4

Meetings of Village Council

  1. First village council meeting

(1) The first meeting of a village council must be called by the Assembly member by notice in writing within 7 consecutive days after the village council members are elected.

(2) If the first meeting is not called within 7 consecutive days after the village council members are elected, the Director must call the first meeting within the next 5 days (after the seventh day after the election).

(3) A notice under subsection (1) must—

(a) state the date of the first meeting which must be within 7 consecutive days of the notice; and
(b) be given to each member at least 3 days before the date of the meeting; and
(c) state the date, time, and place for the meeting.
  1. Procedure at first village council meeting

(1) At the first meeting of a village council,—

(a) the Assembly member, or if the Assembly member is unavailable, the Director, presides until the chairperson is elected; and
(b) each village council member must take his or her oath under section 16; and
(c) after the oaths are taken, the chairperson and deputy chairperson must be elected and take office immediately.

(2) This section is subject to the constituent notice.

  1. Standing orders

(1) A village council must, with the prior approval of the Director, adopt standing orders for —

(a) the calling, regulation, and conduct of the meetings of the council; and
(b) custody of the common seal of the council; and
(c) custody or control of all assets of the council; and
(d) any other matters that are necessary or convenient for the purposes of this Act.

(2) Standing orders must not be inconsistent with any provision of this Act.

  1. Regularity of meetings of village council

(1) A village council must meet at least once every 6 weeks.

(2) The chairperson must call each meeting of the council by giving each member at least 7 days' notice of the date, time, and place of the meeting.

(3) The chairperson must call a meeting of the council if requested to do so by at least 2 members.

(4) This section is subject to the constituent notice.

  1. Meetings of village council

(1) This section applies to any meeting of a village council.

(2) The meeting must be presided over by—

(a) the chairperson; or
(b) if the chairperson is absent, the deputy chairperson; or
(c) in any other case, a member chosen by the members present.

(3) One half of the total membership of the council, or 3 members, whichever is the greater number, constitutes a quorum for the meeting.

(4) All questions and matters before the council for decision must be determined by a majority of the votes of the members present.

(5) The member presiding has a deliberative vote, and if the votes are equal, a casting vote.

(6) Members of the public may attend the meeting unless the council determines otherwise.

(7) This section is subject to the constituency notice.

  1. Meetings with residents

(1) A village council must meet with the residents of the village at least once every 6 weeks.

(2) If the Chairperson does not call a meeting in accordance with subsection (1), a meeting may be called by —

(a) any 2 members of the village council;
(b) any 5 residents duly enrolled in the electoral roll of that village; or
(c) the Assembly member representing that village constituency.

(3) The Director may direct the chairperson to call a meeting of the residents of the village at a place and time determined by the Director.

(4) A chairperson must—

(a) call the meeting in accordance with any direction under subsection (2); and
(b) preside, or arrange for another village council member to preside, over the meeting.
  1. Administrative matters

(1) A village council must ensure that—

(a) documents to be considered at a council meeting are distributed to members before the meeting; and
(b) minutes are made of each council meeting and confirmed by each member present at the original meeting; and
(c) all minutes of council meetings are kept in a form in which they may be quickly retrieved for reference purposes; and
(d) meeting minutes, correspondence, financial records, and other documents of the council are kept in safe custody; and
(e) there is an up-to-date assets register of all assets of the council.

(2) The council may appoint a person, who may be a member, to be Secretary to the council.

(3) The functions of the Secretary are those set out in subsection (1).

(4) A person appointed as Secretary—

(a) continues in office until the council ends the appointment or the person resigns from that position or dies; and
(b) must, on ceasing to hold office as Secretary, ensure that any documents and records of the council in his or her custody are returned to the council.
  1. Village council members must disclose conflicting interests

(1) If a village council member has a direct or indirect interest (other than as a resident of the village) in any transaction or matter by the village council,—

(a) the member must, as soon as possible after becoming aware of that interest, disclose the interest at a meeting of the council; and
(b) the council must ensure that the member's disclosure is recorded in the minutes of the meeting.

(2) The member who has made the disclosure—

(a) must not take part in a deliberation or decision of the council relating to the agreement; but
(b) may be counted, if present, for the purpose of forming a quorum of the council for the deliberation or decision.

(3) Nothing done by a council is invalid solely because at the time it was done a member had not disclosed an interest in accordance with this section.

Part 5

Village Council money and assets

  1. Administrative costs

Village councils may receive such amounts to cover administrative and development expenses as Cabinet determines from time to time from funds made available for that purpose by the Niue Assembly.

  1. Ownership and control of assets

(1) All assets of a village council must be in the name of the council and be registered on the assets register.

(2) Until the council otherwise disposes of an asset, the asset—

(a) remains the property of the council; and
(b) must be in the control of the council at all times.

(3) The Director may at any time inspect the assets register of a council.

  1. Establishment of village council accounts

(1) Every village council must establish a bank account to hold the funds of the council.

(2) The bank account must be in the name of the council.

(3) A council must ensure that all money that the council receives is paid into the bank account as soon as reasonably possible.

(4) No money may be withdrawn from that account except with the council's approval.

  1. Discretionary grants from public revenue

In addition to any other money that may be paid or advanced to or on behalf of a village council, Cabinet may grant to a council, on any terms as it thinks fit, any money appropriated by Act for the purpose.

  1. Village councils may accept offers by Cabinet to advance money

A village council may accept an offer by Cabinet to advance money for the purposes of the council on any terms that are agreed between the council and Cabinet.

  1. Reserve fund

A village council must, unless otherwise authorised by the Director,—

(a) set aside during each financial year not less than one-tenth of its recurrent revenue for that year as a reserve; and
(b) build up and maintain at all times a reserve fund equal to 50% of its average annual revenue over the 5 financial years immediately preceding; and
(c) once it has built up the reserve fund to the level prescribed by paragraph (b), comply with paragraph (a) only to the extent necessary to maintain the fund at the level prescribed by paragraph (b).
  1. Power to invest

A village council may invest in the reserve fund (referred to in section 39) —

(a) on deposit in a bank; or
(b) in any other manner approved by Cabinet.
  1. Duty to keep proper accounts

(1) A village council must keep proper accounts in accordance with an accounting practice approved by the Director.

(2) In particular, a council must keep records of—

(a) its assets and liabilities; and
(b) the money it receives and spends.

(3) A council must retain all financial records for a period of no less than 7 years.

  1. Write-off of irrecoverable amounts

A village council may, subject to any directions or conditions specified by the Director, write off—

(a) losses or deficiencies from its funds:
(b) irrecoverable amounts of revenue:
(c) irrecoverable debts or overpayments:
(d) the value of lost, deficient, condemned, unserviceable, or obsolete stores.
  1. Village council accounts must be audited

(1) The accounts of a village council must be audited by an auditor approved by Treasury.

(2) A person may be appointed to be the council auditor for more than one council.

  1. Village council must provide annual report

(1) A village council must, within the 2 months after the end of a financial year, provide the Director with a report of its proceedings, operations, and transactions during that financial year, including the audited financial statement for that year.

(2) A village council must present its annual report to the village residents at a meeting before it is provided to the Director.

(3) Cabinet may withhold payments to a council until the annual report has been submitted to Cabinet to its satisfaction.

  1. Council may employ or engage persons to provide services

A village council may employ or engage any person to provide services to the council on any terms and conditions determined by the council.

Part 6

Miscellaneous

  1. Remuneration of village council members

The remuneration of village council members must be determined by Cabinet and paid out of funds made available for that purpose by the Niue Assembly.

  1. Village council members not personally liable for certain actions

A village council member is not personally liable for an act or omission by the member in respect of a power or function conferred by this Act if done or omitted to be done in good faith.

  1. Suspension of village council

(1) The Director must investigate any matter in respect of which the Director has reasonable cause to suspect that—

(a) the affairs of the council are so negligently, inefficiently, or badly conducted that the council is not acting for the welfare of the council area or of the village residents; or
(b) the council is not properly carrying out its duties under this Act or any other law in force in Niue.

(2) Following the investigation, the Director may direct the council to resolve the matter or report the matter to Cabinet.

(3) On receiving a report under subsection (2), Cabinet may, by written notice to the council concerned, suspend the operation of the council.

(4) If notice is given under subsection (3), Cabinet must appoint a manager to temporarily manage the affairs of the council.

(5) A notice under subsection (3) remains in force until Cabinet directs that the suspension be removed.

  1. Abolition of village council

(1) During any period of suspension under section 48, the Director may, with the concurrence of the Director-General, recommend to Cabinet that the village council be abolished.

(2) Cabinet may, on receiving a recommendation under subsection (1) or on its own motion, by notice in the Gazette, abolish a village council.

(3) The powers and functions of the council cease on the date that the notice under subsection (2) is published or on any later date specified in the notice.

(4) In a notice under subsection (2) or by a subsequent notice, Cabinet must appoint a person to be the liquidator for the village council.

(5) A person appointed as liquidator must—

(a) wind up the affairs of the council in accordance with any directions given by the Director; and
(b) dispose of the council's assets in any manner that Cabinet determines; and
(c) provide a report to Cabinet at the conclusion of the winding up and disposal of the assets of a council.
  1. Village council may be exempted from taxes

Cabinet may, on receipt of written application from a village council, exempt the council from any tax, levy, duty or fee.

  1. Regulations

Cabinet may make such regulations as it thinks fit for the purposes of this Act and in particular for providing for-

(a) fees and allowances for village council members; and
(b) the regulation of the imposition and collection of taxes and fees by village councils; and
(c) the accounts and records to be kept by village councils; and
(d) the forms for annual and financial reports and any other reports; and
(e) the imposition of penalties not exceeding a fine of 100 penalty units ($1,000) or imprisonment for one month, or both, for breaches of the regulations.
  1. Offences

(1) A person commits an offence who—

(a) consents to be nominated for election as a village council member knowing that he or she is not qualified to be a candidate; or
(b) nominates for election as a village council member a person he or she knows is not qualified to be a candidate.

(2) A chairperson of a village council who fails to call a meeting of residents under section 31 when so required commits an offence.

(3) A person who has held the office of Secretary of a village council who fails to comply with 32(4)(b) commits an offence.

(4) Any person who fails to comply with a bylaw made by a village council under this Act commits an offence.

(5) Any person who obstructs or interferes with the lawful exercise, by a village council or an officer authorised by the council, of its powers or functions under this Act commits an offence.

(6) Any person who, whether intentionally or recklessly, misuses or abuses any funds for use by the village council or any council monies commits an offence and is liable on conviction to a fine not exceeding 100 penalty units.

(7) A village council member who does not return to the council any asset or other property belonging to the council that is held by the member at the end of his term or her term of office commits an offence.

(8) Any person who commits an offence against this section is liable on conviction to a fine not exceeding 100 penalty units.

  1. Application of fines

All fines imposed for offences against this Act—

(a) must be paid to the village council in respect of which the offence was committed; and
(b) form part of the council's revenues.
  1. Judicial notice

(1) All courts and persons acting judicially must take judicial notice of—

(a) all bylaws made by a village council; and
(b) any act, matter, or thing that is directed by or under this Act to be published in the Gazette, when so published.

(2) The common seals of all village councils must be judicially and officially noticed.

  1. Purposes of village council deemed to be public purpose

The purposes of village councils and the purposes of a council are deemed to be a public purpose within the meaning of any law in force in Niue.

  1. Village Councils Act 1967 repealed

The Village Councils Act 1967 is repealed.

  1. Transitional provisions

Despite the repeal of the Village Councils Act 1967, a village council established under that Act continues in existence under this Act as if it were a council established by this Act, and accordingly—

(a) its assets and liabilities are deemed to be the assets and liabilities of a village council established under this Act; and
(b) its members are deemed to have been appointed under this Act with terms of office terminating on the same date as they would have terminated had the Village Councils Act 1967 not been repealed; and
(c) any bylaws made by a village council established under the Village Councils Act 1967 and in force immediately before the commencement of this Act continue in force as if they were bylaws made under this Act by the village council deemed to be established by this Act.

I, Togiavalu Pihigia, Speaker of the Niue Assembly, certify that the requirements of Article 34 of the Niue Constitution have been complied with.

SIGNED AND SEALED at the Assembly Chambers this. 14th day of June 2016.

Speaker of the Niue Assembly

COUNTERSIGNED in the presence of the Speaker

Clerk of the Niue Assembly


This Act is administered by the department responsible for village councils.

This Act was passed by the Niue Assembly on the 23rd day of March 2016.


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URL: http://www.paclii.org/nu/legis/num_act/vca2016170