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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of territorial authorities - Transfer of functions, duties, or powers of territorial authority

234: Procedure for transfer

You could also call this:

“This explains how a local government group must follow special steps when they want to give some of their jobs to another group.”

If you’re a territorial authority and you want to transfer any of your functions, duties, or powers under [section 233], you need to follow these steps:

You must use the special consultative procedure outlined in [section 83 of the Local Government Act 2002]. This helps ensure that the public has a say in the decision.

You need to tell the Minister about your plan to transfer the function, duty, or power. You do this by sending them a notice.

You and the other territorial authority that you want to transfer the function, duty, or power to must agree that the transfer is a good idea. You can agree on this for one or both of these reasons:

It will make things more efficient.

The other authority has special skills or knowledge that make them better suited for the job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307886.

Topics:
Government and voting > Local councils
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233: Transfer of functions, duties, or powers of territorial authority, or

“A city or town council can give some of its jobs to another council, but not the job of giving jobs away.”

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235: Territorial authorities may agree on terms of transfer, or

“Local councils can decide together how to shift responsibilities from one to another”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of territorial authorities: Transfer of functions, duties, or powers of territorial authority

234Procedure for transfer

  1. If a territorial authority proposes to transfer any of its functions, duties, or powers under section 233, the territorial authority must—

  2. use the special consultative procedure in section 83 of the Local Government Act 2002; and
    1. serve notice on the Minister of its proposal to transfer the function, duty, or power; and
      1. agree with the other territorial authority to whom the function, duty, or power is to be transferred that the transfer is desirable on either or both of the following grounds:
        1. efficiency:
          1. technical or special capability, or expertise.

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