Resource Management Act 1991

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

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

You could also call this:

"A local authority can pass on some of its tasks to employees or helpers, but not all important decisions."

A local authority can give some of its jobs to its employees or to hearings commissioners. You can think of a hearings commissioner like a helper who makes decisions for the local authority. The local authority cannot give away the power to approve some important plans or the power to delegate jobs to others.

When a local authority is thinking about appointing a hearings commissioner to make some decisions, it must talk to the local iwi authorities. The local authority wants to know if it should appoint a commissioner who understands tikanga Māori and the perspectives of local iwi or hapū. If the local authority thinks it is a good idea, it must appoint at least one commissioner like that.

A local authority can also give some of its jobs to other people, but there are some things it cannot give away. You cannot give away the power to make some important decisions, like deciding if someone can do something that affects the environment. The local authority can still give someone the power to do some things before it makes a final decision.

If a local authority gives someone a job to do, some other rules apply, which are explained in section 34(7), (8), (9), and (10). This means that when a local authority delegates a job, it must follow those rules. A local authority can give someone the power to do something before it makes a final decision on a matter.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233006.


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34: Delegation of functions, etc, by local authorities, or

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


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

34ADelegation of powers and functions to employees and other persons

  1. A local authority may delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except the following:

  2. the approval of a proposed policy statement or plan under clause 17 of Schedule 1:
    1. this power of delegation.
      1. If a local authority is considering appointing 1 or more hearings commissioners to exercise a delegated power to conduct a hearing under Part 1 or 5 of Schedule 1,—

      2. the local authority must consult tangata whenua through relevant iwi authorities on whether it is appropriate to appoint a commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū; and
        1. if the local authority considers it appropriate, it must appoint at least 1 commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū, in consultation with relevant iwi authorities.
          1. A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:

          2. the powers in subsection (1)(a) and (b):
            1. the decision on an application for a resource consent:
              1. the making of a recommendation on a requirement for a designation.
                1. Repealed
                2. Section 34(7), (8), (9), and (10) applies to a delegation under this section.

                3. Subsection (1) or subsection (2) does not prevent a local authority delegating to any person the power to do anything before a final decision on a matter referred to in those subsections.

                Notes
                • Section 34A: inserted, on , by section 14 of the Resource Management Amendment Act 2003 (2003 No 23).
                • Section 34A(1)(a): replaced, on , by section 28 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
                • Section 34A(1A): inserted, on , by section 17 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                • Section 34A(3): repealed, on , by section 14 of the Resource Management Amendment Act 2005 (2005 No 87).