Impounding Act 1955

Miscellaneous

63: Delegation of local authority's powers

You could also call this:

"When a local authority shares its decision-making powers with others"

A local authority can give some of its powers to a member, officer, or another person. This means they can make decisions on behalf of the local authority. You can find more information about what the local authority can and cannot delegate in section 14(1). The person who gets these powers can use them as if they were given the powers directly. They have to follow any directions or conditions given by the local authority.

When someone is using powers that were delegated to them, you can assume they are doing it correctly unless you can prove otherwise. The local authority can give these powers to a specific person or to someone who holds a certain office.

The local authority can take back the powers they delegated at any time. This means the local authority can still use its own powers, even if it has given some to someone else.

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This page was last updated on 19 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM294242.

Topics:

Government and voting > Local councils

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Part 10Miscellaneous

63Delegation of local authority's powers

A local authority may from time to time delegate any of its powers under this Act (not being powers conferred by section 14(1)) to any member or officer of the local authority or, if a Minister of the Crown is the local authority, to any person in the employment of the Crown.
Subject to any general or special directions given or conditions attached by the local authority, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.
Every person purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
Any delegation under this section may be made to a specified person or persons or to the holder or holders for the time being of a specified office or offices.
Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the local authority making the delegation.

Notes

Section 63(1): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).