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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

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

You could also call this:

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

When you and another group agree to work together on something, it’s called a joint management agreement. This law says that sometimes, you might need to do things together with the other group.

However, there might be times when you need to make a quick decision, and you can’t wait to talk to the other group. If your agreement doesn’t say how to make quick decisions, you’re allowed to go ahead and do what needs to be done on your own.

This law helps make sure that important work doesn’t get delayed just because you can’t talk to the other group right away. It gives you the power to act by yourself when it’s really necessary, even if you usually work together with others.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233039.

Topics:
Government and voting > Local councils
Environment and resources > Town planning
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36B: Power to make joint management agreement, or

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

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36D: Effect of joint management agreement, or

“Decisions made together are treated like decisions made by the local council.”

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

36CLocal authority may act by itself under joint management agreement

  1. This section applies when a joint management agreement requires the parties to it to perform or exercise a specified function, power, or duty together.

  2. The local authority may perform or exercise the function, power, or duty by itself if a decision is required before the parties to the joint management agreement can perform or exercise the function, power, or duty and the joint management agreement does not provide a method for making a decision of that kind.

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