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Resource Management Act 1991

Functions, powers, and duties of central and local government - Functions, powers, and duties of local authorities

34: Delegation of functions, etc, by local authorities

You could also call this:

“Local councils can give some of their jobs to smaller groups to help them get things done.”

You might be wondering what local authorities can do with their tasks and powers under the Resource Management Act. Well, they can share these jobs with other groups to help get things done.

A local authority can give some of its jobs to a committee it has set up. This committee is formed based on the rules in the Local Government Act 2002.

If you live in a specific area, your territorial authority can give some of its jobs to a community board. This board looks after things that matter to your local community. However, they can’t approve plans or changes to plans on their own.

There’s also something called a unitary authority. It can give some of its jobs to a local board for things that are important to that specific area. But just like the community board, they can’t approve plans or change them.

Even though these authorities share their jobs, they can still decide how and when these jobs are done. They can also take back the job if they need to.

When someone is given a job by the local authority, they can do it just as if the local authority was doing it themselves. Everyone assumes they’re doing the right thing unless proven otherwise.

Even when a job is shared, the local authority is still responsible for making sure it gets done.

If you’re in Auckland, there are special rules for the Auckland Council and local boards. These are explained in another law called the Local Government (Auckland Council) Act 2009.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233000.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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33: Transfer of powers, or

“Explains how local authorities can give some of their responsibilities to other groups”

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34A: Delegation of powers and functions to employees and other persons, or

“Rules for giving local council jobs to workers and other people”

Part 4 Functions, powers, and duties of central and local government
Functions, powers, and duties of local authorities

34Delegation of functions, etc, by local authorities

  1. A local authority may delegate to any committee of the local authority established in accordance with the Local Government Act 2002 any of its functions, powers, or duties under this Act.

  2. A territorial authority may delegate to any community board established in accordance with the Local Government Act 2002 any of its functions, powers, or duties under this Act in respect of any matter of significance to that community, other than the approval of a plan or any change to a plan.

  3. Subsection (2) does not prevent a local authority delegating to a community board power to do anything before a final decision on the approval of a plan or any change to a plan.

  4. A unitary authority may delegate to any local board any of its functions, powers, or duties under this Act in respect of any matter of local significance to that board, other than the approval of a plan or any change to a plan.

  5. Subsection (3A) does not prevent a unitary authority delegating to a local board power to do anything before a final decision on the approval of a plan or any change to a plan.

  6. Repealed

  7. Repealed

  8. Repealed

  9. Any delegation under this section may be made on such terms and conditions as the local authority thinks fit, and may be revoked at any time by notice to the delegate.

  10. Except as provided in the instrument of delegation, every person to whom any function, power, or duty has been delegated under this section may, without confirmation by the local authority, exercise or perform the function, power, or duty in like manner and with the same effect as the local authority could itself have exercised or performed it.

  11. Every person authorised to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of proof to the contrary.

  12. A delegation under this section does not affect the performance or exercise of any function, power, or duty by the local authority.

  13. In subsections (3A) and (3B), Auckland Council and local board have the meanings given in section 4(1) of the Local Government (Auckland Council) Act 2009.

Notes
  • Section 34(1): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
  • Section 34(2): amended, on , by section 262 of the Local Government Act 2002 (2002 No 84).
  • Section 34(3): replaced, on , by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).
  • Section 34(3A): inserted, on , by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
  • Section 34(3A): amended, on , by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
  • Section 34(3B): inserted, on , by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).
  • Section 34(3B): amended, on , by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
  • Section 34(4): repealed, on , by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).
  • Section 34(5): repealed, on , by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).
  • Section 34(6): repealed, on , by section 13 of the Resource Management Amendment Act 2003 (2003 No 23).
  • Section 34(11): inserted, on , by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).