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Local Government Official Information and Meetings Act 1987

Miscellaneous provisions relating to access to official information

42: Delegation of powers by local authority

You could also call this:

"A local authority can pass on some of its jobs to an employee, who can then do those jobs as if they were in charge."

Illustration for Local Government Official Information and Meetings Act 1987

A local authority can give some of its powers to an officer or employee. This can be for a specific task or for all tasks under certain parts of the law, like Parts 2 to 5, except for powers listed in section 32. The officer or employee can then use these powers as if they were given to them directly.

When a local authority gives powers to someone, that person can use them until the local authority takes them back. You are assumed to be acting correctly if you are using powers that were given to you, unless someone can prove otherwise. A local authority can give powers to a specific person or to the person who holds a certain job.

A local authority can take back powers it has given at any time and can still use its own powers even if it has given some to someone else. The local authority can give powers to someone for a specific job or for all jobs under certain parts of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM123059.

Topics:
Government and voting > Local councilsRights and equality > Privacy
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"You're protected if a local authority gives you information, you can't sue them for sharing it with you."

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43: Delegation of powers by officers, or

"When council staff pass on their tasks to others"

Part 6Miscellaneous provisions relating to access to official information

42Delegation of powers by local authority

  1. A local authority may from time to time, either generally or particularly, delegate to any officer or employee of the local authority all or any of the powers of the local authority under Parts 2 to 5, except any powers specified in section 32.

  2. Subject to any general or special directions given or conditions attached by the local authority, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on that officer or employee directly by this section and not by delegation.

  3. Until a delegation made under this section is revoked, it shall continue in force according to its tenor.

  4. Where a person purports to act pursuant to a delegation made under this section, that person shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

  5. Any delegation under this section may be made to a specified officer or employee, or may be made to the holder for the time being of a specified office.

  6. Every delegation made under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the local authority.

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