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Building Act 2004

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

236: Effect of transfer

You could also call this:

“When a job is given to a different local council, they can do it as if it was always their job, but they can also give it back.”

If a job, duty, or power is moved from one local council to another under [section 233], the council that gets it can do that job, duty, or power just like it was given to them by the law. They can also stop doing it if the agreement says they can.

The council that gives away a job, duty, or power can take it back at any time. They just need to write a letter to the other council to do this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307888.

Topics:
Government and voting > Local councils
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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”

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237: Application of subpart, or

“This section explains which registered building consent authorities must follow these rules.”

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

236Effect of transfer

  1. A territorial authority to whom a function, duty, or power is transferred under section 233—

  2. may perform the function or duty, or exercise the power, as if the function or duty were imposed, or the power were conferred, on that territorial authority under this Act; and
    1. may, unless the agreement in respect of the transfer provides otherwise, cancel, at any time, the transfer in accordance with that agreement.

      1. A territorial authority from whom a function, duty, or power is transferred may, at any time, change or revoke the transfer by written notice to the other territorial authority concerned.

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