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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 local authority can make a decision on its own if others can't agree in time.”

When you are part of a joint management agreement, you have to work with others to make decisions. If a decision needs to be made quickly and the agreement does not say how to make that decision, the local authority can make the decision by itself. This is allowed under the joint management agreement if the other parties cannot make a decision together in time.

You can find more information about this in the Resource Management Act 1991, which was amended by the Resource Management Amendment Act 2005. The local authority has this power to ensure things can keep moving when decisions are needed. This power is part of the rules that help local authorities work with others to manage resources.

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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 > Conservation Environment and resources > Town planning Māori affairs > Treaty of Waitangi
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36B: Power to make joint management agreement, or

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36D: Effect of joint management agreement, or

"What happens when groups work together to make decisions about managing resources"

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).