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Planning Bill

Key roles - Functions and powers of central and local government - Transfer and delegation of functions, powers and responsibilities

193: Transfer of powers

You could also call this:

"When a council gives some of its work to another group, they must agree on the details."

Illustration for Planning Bill

If a territorial authority wants to give some of its jobs to another public authority, it can do this. You need to know that a public authority can be a local authority, a government department, a joint committee, or a local board. The territorial authority and the other public authority must agree on the terms of the transfer. The transfer can only happen if both authorities agree that it is a good idea and that the other authority has the right skills to do the job. You will see that the public authority getting the new job can say yes to the transfer, unless a law says they cannot. If they say yes, they will get the power to do the new job. If a local authority changes its mind, it can take back the job it gave away. The public authority that got the new job can also give it back if that is what they agreed to do. This means that the job can be transferred back if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522680.

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Topics:
Government and voting > Local councilsBusiness > Industry rules
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192: Other matters relating to administrative charges, or

"Rules about paying or not paying charges to the council"

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194: Delegation of functions etc, or

"When councils give jobs to others to help make decisions"

Part 5Key roles
Functions and powers of central and local government: Transfer and delegation of functions, powers and responsibilities

193Transfer of powers

  1. A territorial authority may transfer any of its functions, powers, or responsibilities under this Act to another public authority in accordance with this section.

  2. For the purposes of this section, public authority means the following:

  3. a local authority; and
    1. a government department; and
      1. a joint committee; and
        1. a local board.

          1. A territorial authority may transfer any function, power, or responsibility, but only if both authorities concerned agree—

          2. the terms and conditions of the transfer; and
            1. that the authority to which the transfer is made represents the appropriate community of interest for the exercise or performance of the function, power, or responsibility being transferred; and
              1. that the transfer is desirable on the grounds of efficiency and technical or special capability or expertise.

                1. A public authority to which a transfer is made under this section may accept the transfer unless it is expressly precluded by the terms of any Act by or under which it is constituted, but if a transfer is made, the functions, powers, and responsibilities of the public authority are to be treated as having been extended as necessary to enable the public authority to undertake, exercise, and perform the transferred function, power, or responsibility.

                2. A local authority that has transferred a function, power, or responsibility under this section may change or revoke the transfer at any time by notice to the transferee.

                3. A public authority to which a function, power, or responsibility has been transferred under this section may relinquish the transfer in accordance with the transfer agreement.