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Resource Management Act 1991

Functions, powers, and duties of central and local government - Powers and duties of local authorities and other public authorities

36B: Power to make joint management agreement

You could also call this:

“Local councils can team up with other groups to manage things together if they follow the rules”

If you want to make a joint management agreement, you need to follow some steps. First, you must tell the Minister that you want to do this. Then, you need to make sure that everyone who will be part of the agreement is right for the job. This means checking that they speak for the community, and that they have the skills to do the work together with you.

You also need to be sure that making this agreement is a good way to get the job done. When you write the agreement, you have to include information about what resources you’ll need and how you’ll pay for running it.

Once you’ve done all these things, you can go ahead and make the joint management agreement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233037.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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36A: No duty under this Act to consult about resource consent applications and notices of requirement, or

“The law says you don't have to ask people what they think about building plans, but you can if you want to.”

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36C: Local authority may act by itself under joint management agreement, or

“A council can act alone if a quick decision is needed and there's no plan for making fast choices together.”

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

36BPower to make joint management agreement

  1. A local authority that wants to make a joint management agreement must—

  2. notify the Minister that it wants to do so; and
    1. satisfy itself—
      1. that each public authority, iwi authority, and group that represents hapu for the purposes of this Act that, in each case, is a party to the joint management agreement—
        1. represents the relevant community of interest; and
          1. has the technical or special capability or expertise to perform or exercise the function, power, or duty jointly with the local authority; and
          2. that a joint management agreement is an efficient method of performing or exercising the function, power, or duty; and
          3. include in the joint management agreement details of—
            1. the resources that will be required for the administration of the agreement; and
              1. how the administrative costs of the joint management agreement will be met.

              2. A local authority that complies with subsection (1) may make a joint management agreement.

              Notes
              • Section 36B: inserted, on , by section 18 of the Resource Management Amendment Act 2005 (2005 No 87).