Part 3ALocal regulation of maritime activity
Miscellaneous
33XDelegation or transfer of council's responsibilities
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—
- the power to transfer responsibilities under this section; and
- the power to appoint harbourmasters; and
- the power to make bylaws.
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.
A territorial authority may transfer its responsibilities under section 33I to another public authority.
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.
The transfer of a responsibility described in section 33I does not have the effect of transferring ownership of any works constructed under that section.
A transfer of a responsibility under this section may only be made if—
- the parties to the proposed transfer have agreed on the terms of the proposed transfer; and
- the parties to the proposed transfer have notified the Minister of the proposed transfer.
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.
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.
A party to a transfer may, in accordance with this section, initiate—
- a variation of the terms of the transfer; or
- the reversal of the transfer.
In this section, council-controlled organisation has the meaning given to it in section 6 of the Local Government Act 2002.
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).