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Maritime Transport Act 1994

Local regulation of maritime activity - Miscellaneous

33X: Delegation or transfer of council's responsibilities

You could also call this:

"When councils pass on their jobs to others"

Illustration for Maritime Transport Act 1994

You can be part of a regional council or a territorial authority. You may transfer some of your responsibilities to a council-controlled organisation or a port operator. You cannot transfer the power to transfer responsibilities or appoint harbourmasters. You may transfer your responsibilities to another public authority. A territorial authority can transfer its responsibilities under section 33I to another public authority. A public authority can delegate its responsibilities to a port operator or a council-controlled organisation. A transfer of responsibilities can only happen if all parties agree and notify the Minister. You must consider the benefits and negative impacts of the transfer on your district or region. When a transfer takes effect, the party receiving the transfer gets the necessary responsibilities and powers. A council-controlled organisation is defined in section 6 of the Local Government Act 2002. You can find more information about this in the Local Government Act 2002, and you can also look at section 82 for more details.

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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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Government and voting > Local councilsEnvironment and resources > Town planning

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).