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Biosecurity Act 1993

Functions, powers, and duties - Local authorities

15: Transfer of powers, etc, by local authorities

You could also call this:

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

If you are a local authority, you can transfer some of your powers to another local authority. You must follow a special process, which is outlined in section 83 of the Local Government Act 2002. You also need to tell the Minister if the transfer is about a national pest management plan or a national pathway management plan.

You can only transfer powers if it will make things more efficient or if the other authority has special skills. You must agree with the other authority that the transfer is a good idea. You make this agreement in writing and it must include details about how to cancel the transfer.

There are some things you cannot transfer, such as making plans for pest management in your region. If you transfer your powers, the other authority will be able to do the job, but you will still be responsible for it. If you are a regional council, you can transfer powers to another council, but you must tell them first.

When you transfer powers, you are giving another authority the ability to do a job that you were doing. This is called an operation, which means a function, power, or duty that you have to do. Performing an operation means doing the job or using the power.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM315259.

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Part 2Functions, powers, and duties
Local authorities

15Transfer of powers, etc, by local authorities

  1. Subject to subsections (2) and (3), a local authority that has an operation under this Act (in this section referred to as the transferor) may transfer the performance of the operation to another local authority (in this section referred to as the transferee), if—

  2. it has used the special consultative procedure specified in section 83 of the Local Government Act 2002; and
    1. in the case of an operation under or relating to a national pest management plan or a national pathway management plan, before using that procedure it has served notice on the Minister of its intention to do so; and
      1. in the case of an operation under or relating to a regional pest management plan or a regional pathway management plan,—
        1. it is a regional council, and no other regional council is involved in the plan; or
          1. before using that procedure it has served notice on every regional council involved in the plan (other than itself, if it is a regional council) of its intention to do so; and
          2. it agrees with the transferee that the transfer is desirable on the grounds of—
            1. efficiency; and
              1. technical or special capability or expertise on the part of the transferee,—
                2. by (and subject to any terms and conditions contained in) a written agreement with the transferee.

              2. The transferor shall not transfer—

              3. the performance of the function of making a regional pest management plan or a regional pathway management plan under Part 5; or
                1. the exercise of the power of transfer conferred by subsection (1).

                  1. The agreement shall contain provisions dealing with the revocation and relinquishment of the transfer; and

                  2. the transferor may change or revoke the transfer; and
                    1. the transferee may relinquish the transfer,—
                        1. accordingly.

                      1. While the operation remains transferred to the transferee,—

                      2. the transferee's functions, powers, and duties shall be deemed to be extended to the extent necessary to enable it to undertake the operation; but
                        1. the transferor shall continue to be responsible for the operation.

                          1. In this section—

                            operation means a function, power, or duty

                              perform includes exercise.

                              Notes
                              • Section 15(1): amended, on , by section 9(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
                              • Section 15(1)(a): replaced, on , by section 262 of the Local Government Act 2002 (2002 No 84).
                              • Section 15(1)(b): amended, on , by section 16(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 15(1)(c): amended, on , by section 16(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                              • Section 15(2)(a): amended, on , by section 16(3) of the Biosecurity Law Reform Act 2012 (2012 No 73).