Plain language law

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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Transfer of bylaw-making power

161: Transfer of bylaw-making power

You could also call this:

“Councils can give their rule-making power to other councils”

You can give your power to make rules to other councils. If you’re a city or district council, you can give this power to a regional council that covers your area, or to another city or district council. If you’re a regional council, you can give this power to a city or district council in your region, or to another regional council.

When you give this power away, you need to follow the rules in section 17. This section explains how to do it properly.

Remember, you’re not allowed to give away or delegate your power to make rules in any other way. This is the only way you can do it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173419.

Topics:
Government and voting > Local councils
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“COVID-19 temporarily delayed the removal of some local government rules”

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Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Transfer of bylaw-making power

161Transfer of bylaw-making power

  1. A territorial authority may transfer all or any of its powers to make bylaws—

  2. to a regional council if any part of the district of the territorial authority is within the region of that regional council; or
    1. to another territorial authority.

      1. A regional council may transfer all or any of its powers to make bylaws to a territorial authority within its region or to another regional council.

      2. The provisions of section 17 apply in relation to a transfer under this section.

      3. A local authority must not transfer or delegate the power to make bylaws, except as provided for in this section.