Maritime Transport Act 1994

Local regulation of maritime activity - Miscellaneous

33X: Delegation or transfer of council's responsibilities

You could also call this:

"Councils can give some of their jobs to other organisations, but they still keep important decision-making powers."

A regional council or territorial authority can give some of its jobs to a council-controlled organisation or a port operator. You need to know that the council cannot give away the power to transfer jobs or appoint harbourmasters. The council also cannot give away the power to make bylaws.

A regional council can give its jobs to another public authority, but it cannot give away the power to transfer jobs. A territorial authority can give its jobs under section 33I to another public authority. Another public authority can then give those jobs to a port operator or a council-controlled organisation, but not the power to make bylaws.

If a responsibility is transferred, it does not mean that ownership of any works is transferred, as described in section 33I. A transfer of a job can only happen if the parties agree on the terms and tell the Minister. You should be aware that a local authority must consult with its community, as stated in section 82 of the Local Government Act 2002, before agreeing to a transfer.

When a transfer happens, the party getting the job will have the power to do it. A party to a transfer can change the terms of the transfer or reverse it. In this section, a council-controlled organisation means what it says in section 6 of the Local Government Act 2002.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5691748.


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Part 3ALocal regulation of maritime activity
Miscellaneous

33XDelegation or transfer of council's responsibilities

  1. A regional council or territorial authority may transfer to a council-controlled organisation or a port operator any of its responsibilities under this Part except—

  2. the power to transfer responsibilities under this section; and
    1. the power to appoint harbourmasters; and
      1. the power to make bylaws.
        1. A regional council may transfer any of its responsibilities under this Part to another public authority except the power to transfer responsibilities under this section.

        2. A territorial authority may transfer its responsibilities under section 33I to another public authority.

        3. A public authority may delegate any of the responsibilities transferred to it under subsection (2) or (2A) to a port operator or a council-controlled organisation except any power to make bylaws.

        4. The transfer of a responsibility described in section 33I does not have the effect of transferring ownership of any works constructed under that section.

        5. A transfer of a responsibility under this section may only be made if—

        6. the parties to the proposed transfer have agreed on the terms of the proposed transfer; and
          1. the parties to the proposed transfer have notified the Minister of the proposed transfer.
            1. A local authority that is party to a proposed transfer must not agree to the transfer unless satisfied, after consultation in accordance with section 82 of the Local Government Act 2002, that the benefits of the proposed transfer to the authority’s district or region will outweigh any negative impacts of the proposal.

            2. From the time a transfer takes effect, the responsibilities and powers of the party receiving the transfer are extended as necessary to enable that party to undertake, exercise, and perform the transferred responsibilities.

            3. A party to a transfer may, in accordance with this section, initiate—

            4. a variation of the terms of the transfer; or
              1. the reversal of the transfer.
                1. In this section, council-controlled organisation has the meaning given to it in section 6 of the Local Government Act 2002.

                Compare
                Notes
                • Section 33X: inserted, on , by section 7 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                • Section 33X(1): amended, on , by section 32(1) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 33X(2A): inserted, on , by section 32(2) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 33X(3): amended, on , by section 32(3) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 33X(3A): inserted, on , by section 32(4) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 33X(4): replaced, on , by section 32(5) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 33X(4A): inserted, on , by section 32(5) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 33X(4B): inserted, on , by section 32(5) of the Maritime Transport Amendment Act 2017 (2017 No 48).
                • Section 33X(4C): inserted, on , by section 32(5) of the Maritime Transport Amendment Act 2017 (2017 No 48).