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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

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“Councils can pass on some of their tasks to smaller groups to help make decisions for your area.”

A local authority can give some of its jobs to a committee that it has set up under the Local Government Act 2002. You can think of a local authority like a council that makes decisions for your area. A committee is a group of people who help make these decisions.

A territorial authority can give some of its jobs to a community board that it has set up under the Local Government Act 2002. This can be for things that are important to the community, but not for approving big plans. A community board is a group of people who help make decisions for a smaller area.

A unitary authority can give some of its jobs to a local board for things that are important to that area. A local board is like a community board, but for a unitary authority. A unitary authority is a type of local authority that combines the jobs of a territorial authority and a regional authority.

When a local authority gives jobs to someone else, it can set conditions for how those jobs are done. It can also take back those jobs at any time. The person or group who gets the jobs can do them without needing the local authority to approve each decision.

If someone is doing a job that was given to them by a local authority, you can assume they are doing it correctly unless you can prove otherwise. The local authority can still do its jobs, even if it has given some of them to someone else. The Local Government (Auckland Council) Act 2009 explains what some of these terms mean.

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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.

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Government and voting > Local councils
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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).