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Resource Management Act 1991

Transitional provisions - Miscellaneous provisions

427: Deemed transfer of powers to former public bodies

You could also call this:

“When the law changed, some jobs were given to public groups from councils until 1992.”

When this Act started, some powers were transferred from regional councils to public bodies. You need to know that this happened even if other laws said something different. This transfer of powers was for a certain time, until 30 June 1992.

If a public body was already doing something under the Harbours Act 1950, they could keep doing it. They had the power to enforce bylaws, but not to make new ones. This applied to areas like the coast and rivers.

In some cases, combined committees were given powers to do things. These committees had to follow the rules in the Town and Country Planning Act 1977. They could make decisions about plans, but not about changing the plans.

The regional council or territorial authority could change or stop the transfer of powers. The public body or committee could also give back the powers at any time. You can find more information about this in section 33 and other sections of the Act.

A public body is an organisation that provides services to the public. It can be a single body or several bodies working together. You can find the definition of public body in the Harbours Act 1950.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM240670.

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Environment and resources > Town planning Government and voting > Local councils
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Part 15 Transitional provisions
Miscellaneous provisions

427Deemed transfer of powers to former public bodies

  1. This section shall apply notwithstanding anything to the contrary in section 33 or in any other enactment or rule of law.

  2. Where, before the date of commencement of this Act,—

  3. any public body, or any 2 or more public bodies acting jointly, or any Harbour Board, were exercising any current function, power, or duty in respect of any bylaws conferred by the Harbours Act 1950 or by any Order in Council under section 8A or section 165 of that Act in relation to any part of the coastal marine area; and
    1. the public body or public bodies or Harbour Board (as the case may be) were administering any bylaw in force under either of those sections—
        1. then, on the date of commencement of this Act, the relevant regional council shall be deemed to have transferred those functions, powers, and duties that are described in subsection (4) to the public body or public bodies or Harbour Board (as the case may be) for a period commencing on the date of commencement of this Act and ending on 30 June 1992, and the public body or public bodies or Harbour Board (as the case may be) shall be deemed to have accepted the transfer.

      1. Where, before the date of commencement of this Act,—

      2. any public body, or any 2 or more public bodies acting jointly, or any Harbour Board, were exercising any current function, power, or duty in respect of any bylaws conferred by the Harbours Act 1950 or by any Order in Council under section 8A or section 165 of that Act in relation to any river or lake; and
        1. the public body or public bodies or Harbour Board (as the case may be) were administering any bylaw in force under either of those sections—
            1. then, on the date of commencement of this Act, the relevant territorial authority shall be deemed to have transferred those functions, powers, and duties that are described in subsection (5) to the public body or public bodies or Harbour Board (as the case may be) for a period commencing on the date of commencement of this Act and ending on 30 June 1992, and the public body or public bodies or Harbour Board (as the case may be) shall be deemed to have accepted the transfer.

          1. Subject to subsection (8), the regional council shall be deemed to have transferred to the relevant public body, public bodies, or Harbour Board under subsection (2)—

          2. the full power to do anything under every bylaw referred to in section 424(2) and (4) (except the power to make, alter, or revoke any such bylaw); and
            1. the full power and duty to enforce every such bylaw—
                1. in the same manner and to the same extent as the relevant public body or public bodies were authorised to do so by Order in Council under section 8A or section 165 of the Harbours Act 1950 or, as the case may be, the relevant Harbour Board was authorised to do so under that Act before that Act was amended by this Act.

              1. Subject to subsection (8), the relevant territorial authority shall be deemed to have transferred to the relevant public body, public bodies, or Harbour Board under subsection (3)—

              2. the full power to do anything under every bylaw referred to in section 424(3) (except the power to make, alter, or revoke any such bylaw); and
                1. the full power and duty to enforce every such bylaw—
                    1. in the same manner and to the same extent as the relevant public body or public bodies were authorised to do so by Order in Council under section 8A or section 165 of the Harbours Act 1950 or, as the case may be, the relevant Harbour Board was authorised to do so under that Act before that Act was amended by this Act.

                  1. Where, immediately before the date of commencement of this Act, any combined committee within the meaning of section 40A of the Town and Country Planning Act 1977 was exercising any function, power, or duty in respect of a combined scheme within the meaning of that section, then, on the date of commencement of this Act,—

                  2. the relevant regional council shall be deemed to have transferred to the combined committee all of its functions, powers, and duties in relation to those provisions of the coastal plan deemed to be operative under section 370 that were formerly part of the combined scheme; and
                    1. the relevant territorial authority shall be deemed to have transferred to the combined committee all of its functions, powers, and duties in relation to those provisions of the district plan deemed to be operative under section 373 that were formerly part of the combined scheme—
                        1. other than the power to approve any changes to the plan.

                      1. Where, immediately before the date of commencement of this Act,—

                      2. any proposed district scheme, maritime planning scheme, or combined scheme under the Town and Country Planning Act 1977, or change to or variation or review of any such scheme under that Act, has been publicly notified but is not yet operative; and
                        1. any such proposed scheme or change to or variation or review of any such scheme relates solely or in part to the whole or any part of the coastal marine area of a region—
                            1. then, subject to subsection (8), in respect of any such proposed scheme, change, variation, or review, or part thereof, on the date of commencement of this Act, the relevant regional council shall be deemed to have transferred all functions, powers, and duties that are described in section 378 other than—
                          1. the approval of the relevant scheme or change; and
                            1. any decision to approve or to withdraw any such scheme or change—
                                1. to the territorial authority or combined committee (as the case may be) which, before the date of commencement of this Act, was responsible for such proposed scheme, change, variation, or review (and who shall be deemed to have accepted the transfer), for a period commencing on the date of commencement of this Act and ending on the date such scheme, change, variation, or review is completed and becomes operative in accordance with section 378(1).

                              1. The provisions of section 33, with all necessary modifications, shall apply to every transfer under subsection (2) or subsection (3) or subsection (6) or subsection (7) as if the transfer was made under that section and—

                              2. in the case of a transfer made under subsection (2)—
                                1. the regional council shall continue to have the power to change or revoke that transfer; and
                                  1. the public body, public bodies, or Harbour Board (as the case may be) shall have the power to relinquish the transfer at any time:
                                  2. in the case of a transfer made under subsection (3)—
                                    1. the territorial authority shall continue to have the power to change or revoke that transfer; and
                                      1. the public body, public bodies, or Harbour Board (as the case may be) shall have the power to relinquish the transfer at any time:
                                      2. in the case of a transfer made under subsection (6)—
                                        1. the regional council shall continue to have the power to change or revoke that transfer so far as it relates to any provisions of the regional coastal plan under section 370; and
                                          1. the territorial authority shall continue to have the power to change or revoke that transfer so far as it relates to any provisions of the district plan under section 373; and
                                            1. the combined committee shall have the power to relinquish the transfer at any time:
                                            2. in the case of a transfer made under subsection (7)—
                                              1. the regional council shall continue to have the power to change or revoke that transfer; and
                                                1. the territorial authority shall have the power to relinquish the transfer at any time—
                                                  2. as if the transfer was made under section 33.

                                                2. This section does not limit the powers of the regional council or territorial authority under section 33.

                                                3. In this section, public body and public bodies acting jointly, and Harbour Board have the same meanings as in sections 2(1), 8A(12)(a), and 165(10) of the Harbours Act 1950 before the repeal of those sections by this Act.

                                                Notes
                                                • Section 427(2)(a): amended, on , by section 206 of the Resource Management Amendment Act 1993 (1993 No 65).