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Resource Management Act 1991

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

33: Transfer of powers

You could also call this:

“Local authorities can give some of their jobs to other groups if everyone agrees it's a good idea.”

You can give some of your powers under this law to other groups. These groups can be other local councils, iwi authorities, government departments, statutory authorities, joint committees, or local boards. We call these groups ‘public authorities’.

You can’t give away your power to transfer powers. If you want to transfer a power, you need to do a few things first. You have to ask the public what they think using a special process. You also need to tell the Minister about your plan. Both you and the group you’re giving the power to must agree it’s a good idea. You need to agree that the other group represents the right community, that it will be more efficient, and that they have the right skills or knowledge.

When you transfer a power, you need to agree on how it will work. The group getting the power can accept it unless their own rules say they can’t. If they accept it, they can use the power as if it was always theirs.

You can change your mind and take back the power whenever you want. Just tell the other group. The other group can also give the power back if that’s what you agreed on when you gave it to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS934199.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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Part 4 Functions, powers, and duties of central and local government
Functions, powers, and duties of local authorities

33Transfer of powers

  1. A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section.

  2. For the purposes of this section, public authority includes—

  3. a local authority; and
    1. an iwi authority; and
      1. a government department; and
        1. a statutory authority; and
          1. a joint committee set up for the purposes of section 80; and
            1. a local board.

              1. A local authority must not transfer any of its functions, powers, or duties under this section unless—

              2. it has used the special consultative procedure set out in section 83 of the Local Government Act 2002; and
                1. before using that special consultative procedure it serves notice on the Minister of its proposal to transfer the function, power, or duty; and
                  1. both authorities agree that the transfer is desirable on all of the following grounds:
                    1. the authority to which the transfer is made represents the appropriate community of interest relating to the exercise or performance of the function, power, or duty:
                      1. efficiency:
                        1. technical or special capability or expertise.

                        2. A transfer of functions, powers, or duties under this section must be made by agreement between the authorities concerned and on such terms and conditions as are agreed.

                        3. A public authority to which any function, power, or duty is transferred under this section may accept the transfer, unless expressly forbidden to do so by the terms of any Act by or under which it is constituted, and upon the transfer its functions, powers, and duties are deemed to be extended in such manner as may be necessary to enable it to undertake, exercise, and perform the function, power, or duty.

                        4. A local authority that has transferred any function, power, or duty under this section may change or revoke the transfer at any time by notice to the transferee.

                        5. A public authority to which any function, power, or duty has been transferred under this section may relinquish the transfer in accordance with the transfer agreement.

                        Notes
                        • Section 33: inserted, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).