Biosecurity Act 1993

Functions, powers, and duties - Local authorities

14: Powers of territorial authorities

You could also call this:

"What powers do local councils have to help keep our environment safe and healthy?"

You live in an area with a territorial authority. This authority has some powers. It can take actions that any person can take under Part 5. It can also act as a management agency under a pest management plan or a pathway management plan.

The authority can take actions that a pest management plan or a pathway management plan says it should. But it can only take certain actions if a plan provides for them and the management agency agrees. The agency must also agree to pay the authority's costs.

The authority can make contributions to help implement a national pest management plan or a national pathway management plan. It can set and assess rates under the Local Government (Rating) Act 2002 to make these contributions. You can read more about the Local Government (Rating) Act 2002 at this link: https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM131393.

The authority can gather information and do research to help it act effectively under the Biosecurity Act. It can also perform functions that are transferred to it under section 15. You can read more about section 15 at this link: DLM315259.html.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315256.


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13: Powers of regional councils, or

"What powers do regional councils have to keep their area safe from pests?"


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15: Transfer of powers, etc, by local authorities, or

"Local authorities can pass some jobs to other authorities to work more efficiently"

Part 2Functions, powers, and duties
Local authorities

14Powers of territorial authorities

  1. Every territorial authority has power—

  2. to take any action any natural person could take under Part 5:
    1. to act as a management agency under a pest management plan or a pathway management plan:
      1. to take any action provided for or required by a pest management plan or a pathway management plan:
        1. if, and only if,—to take those actions:
          1. a pest management plan or a pathway management plan provides for certain actions to be taken; but does not expressly provide for them to be taken by territorial authorities, territorial authorities of a class or description to which the authority belongs, or the authority; and
            1. the management agency for the plan agrees with the authority that the authority will take those actions and the agency will meet the authority's costs in doing so,—
            2. to the extent only that a national pest management plan or a national pathway management plan provides for—to make contributions towards the costs of the implementation of the plan, to make such contributions (from the authority's general funds or from any fund dedicated for the purpose):
              1. territorial authorities; or
                1. territorial authorities of a class or description to which the authority belongs; or
                  1. the authority,—
                  2. to set and assess rates under the Local Government (Rating) Act 2002 for the purpose of making any contributions that the authority is empowered by paragraph (da) to make:
                    1. to gather information, keep records, undertake research, or do any other similar thing, if doing so is necessary or desirable to enable it to act effectively under this Act:
                      1. to perform or exercise any function, power, or duty whose performance or exercise is for the time being transferred to it under section 15:
                        1. to perform or exercise any other function, power, or duty conferred on it by this Act.
                          Notes
                          • Section 14(b): amended, on , by section 15(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                          • Section 14(c): amended, on , by section 15(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                          • Section 14(d): replaced, on , by section 3 of the Biosecurity Amendment Act 1994 (1994 No 24).
                          • Section 14(d)(i): amended, on , by section 15(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                          • Section 14(d)(ii): amended, on , by section 15(4) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                          • Section 14(da): inserted, on , by section 3 of the Biosecurity Amendment Act 1994 (1994 No 24).
                          • Section 14(da): amended, on , by section 15(5) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                          • Section 14(da): amended, on , by section 15(6) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                          • Section 14(db): replaced, on , by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).