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Local Government Act 2002

Purpose of local government, and role and powers of local authorities - Co-ordination of responsibilities of local authorities

17: Transfer of responsibilities

You could also call this:

“Councils can share jobs and powers with each other”

You can transfer responsibilities between regional councils and territorial authorities. This means they can give each other some of their duties and powers. To do this, they need to agree and follow some rules.

When councils want to transfer responsibilities, they must make sure it’s good for their area. They need to talk to people in their community first. They should think about things like whether it will help the local government work better, save money, or help the local economy grow.

If the transfer involves special arrangements with Māori groups, the councils must make sure these arrangements still work properly.

Before making the transfer, the councils must tell the Minister about it. Once the transfer happens, the council receiving the new responsibility gets the power to do that job.

If councils want to change or undo a transfer later, they can do that too. They just need to follow the same steps as when they first made the transfer.

The responsibilities that can be transferred include most duties and powers of the councils. But some responsibilities given by other laws can’t be transferred unless those laws say it’s okay.

Councils can still work together in other ways, like asking each other to do tasks or making agreements to work on things together.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM171822.

Topics:
Government and voting > Local councils
Māori affairs > Treaty of Waitangi
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Part 2 Purpose of local government, and role and powers of local authorities
Co-ordination of responsibilities of local authorities

17Transfer of responsibilities

  1. A regional council may transfer 1 or more of its responsibilities to a territorial authority in accordance with this section.

  2. A territorial authority may transfer 1 or more of its responsibilities to a regional council in accordance with this section.

  3. A transfer of responsibilities under this section must be made by agreement between the local authorities concerned and may be on the terms and conditions that are agreed between them.

  4. The terms and conditions agreed under subsection (3) must ensure effective provision for any affected co-governance or co-management arrangements that are established by legislation (including Treaty of Waitangi claim settlement legislation) and that are between local authorities and iwi or Māori organisations.

  5. A local authority may not agree to transfer a responsibility or agree to accept a transfer of a responsibility under this section unless it is satisfied, following consultation in accordance with section 82, that the benefits of the proposed transfer to its district or region will outweigh any negative impacts of the proposal.

  6. In assessing, for the purposes of subsection (4), the benefits and negative impacts of a proposed transfer, a local authority must have regard to the following matters:

  7. whether the transfer will promote—
    1. better fulfilment of the purpose of local government:
      1. productivity improvements within local authorities and districts or regions:
        1. efficiencies and cost savings:
          1. assurance that the local authorities concerned have the resources necessary to enable them to effectively perform or exercise their responsibilities, duties, and powers:
            1. effective responses to the opportunities, needs, and circumstances of the affected area:
              1. enhanced effectiveness, efficiency, and sustainability of local government services:
                1. better support for the ability of local and regional economies to develop and prosper:
                  1. enhanced ability of local government to meet the changing needs of communities for governance and services into the future:
                  2. the scale and probability of the potential benefits of the transfer to users of local government services:
                    1. the financial, disruption, and opportunity costs of implementing the proposed transfer at the proposed time:
                      1. the consequences and risks of not implementing the proposed transfer at the proposed time:
                        1. existing communities of interest, and the extent to which the proposed transfer will maintain linkages between communities (including iwi and hapū) and sites and resources of significance to them.

                          1. A local authority must notify the Minister of its intention to transfer a responsibility or accept a transfer of responsibility under this section.

                          2. From the time a transfer takes effect, the responsibilities and powers of the local authority receiving the transfer are extended as necessary to enable the local authority to undertake, exercise, and perform the transferred responsibilities.

                          3. If a transfer of responsibilities has been made, either local authority that was a party to the transfer may, through the process set out in subsections (3) to (6), initiate—

                          4. a variation of the terms of the transfer; or
                            1. the reversal of the transfer.

                              1. In this section, responsibility—

                              2. means any responsibility, duty, or legal obligation (including a responsibility, duty, or legal obligation that has previously been transferred under this section and a discretionary function), and any powers associated with that responsibility, duty, or legal obligation; but
                                1. does not include a responsibility, duty, or legal obligation conferred by or under any other Act, unless that Act provides that the responsibility, duty, or legal obligation may be transferred in accordance with this section.

                                  1. Nothing in this section limits the ability of a local authority to—

                                  2. delegate the exercise of any responsibility to another local authority; or
                                    1. enter into a contractual agreement with another local authority for the performance of any activity or function.

                                      Compare
                                      Notes
                                      • Section 17: replaced, on , by section 11 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
                                      • Section 17(3A): inserted, on , by section 7(1) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                                      • Section 17(4A): inserted, on , by section 7(2) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).
                                      • Section 17(8): replaced, on , by section 7(3) of the Local Government Act 2002 Amendment Act 2019 (2019 No 54).