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Building Act 2004

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

245: Procedure for transfer

You could also call this:

“This explains how a regional authority must follow certain steps if it wants to give some of its jobs to another authority.”

If you’re a regional authority and you want to transfer some of your functions, duties, or powers under section 244, you need to follow these steps:

You must use a special process called the special consultative procedure. This is explained in section 83 of the Local Government Act 2002.

You also need to tell the Minister about your plan to transfer the function, duty, or power.

Lastly, you have to agree with the other regional authority that will receive the transfer. You both need to decide that the transfer is a good idea for one or both of these reasons: it will make things more efficient, or 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=DLM308205.

Topics:

Government and voting > Local councils

244: Transfer of functions, duties, and powers of regional authority, or

“A regional authority can give some of its jobs and responsibilities to another regional authority, but it can't give away its power to do this.”

246: Regional authorities may agree on terms of transfer, or

“Regional groups can talk and decide how to switch their jobs and responsibilities to each other.”

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

245Procedure for transfer

If a regional authority proposes to transfer any of its functions, duties, or powers under section 244, the regional authority must—
use the special consultative procedure in section 83 of the Local Government Act 2002; and
serve notice on the Minister of its proposal to transfer the function, duty, or power; and
agree with the other regional 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:
2. technical or special capability, or expertise.