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Planning Bill

Key roles - Functions and powers of central and local government - Delegation

195: Presumptions applying to delegations

You could also call this:

"What happens when a council gives someone a task to do"

When a territorial authority delegates a task to you, you can do it in the same way they would. You have the same power as the territorial authority when doing the task, unless the delegation says otherwise. The territorial authority is still responsible for the task, even if they delegate it to you. If you are delegated a task, people will assume you are doing it correctly, unless someone proves you are not. You are expected to follow the rules of the delegation when doing the task. The territorial authority can still do the task themselves, even if they delegate it to you. The delegation does not stop the territorial authority from doing their job. They can still make decisions and take actions, even if they delegate some tasks to you. You and the territorial authority can both work on the task, but you must follow the rules of the delegation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522683.

This page was last updated on 12 December 2025 — View changes

Topics:

Government and voting > Local councilsEnvironment and resources > Town planning

194: Delegation of functions etc, or

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

196: Delegation to employees and others, or

"When a council gives jobs to its employees or others to do on its behalf"

Part 5Key roles
Functions and powers of central and local government: Delegation

195Presumptions applying to delegations

Unless the instrument of delegation provides otherwise, a person to whom a function, power, or responsibility has been delegated under this section may exercise or perform the function, power, or duty in the same way and to the same effect as the territorial authority itself could have exercised or performed the function, power, or responsibility.
A person authorised under this section to act under a delegation is presumed to act in accordance with the terms of the delegation, unless there is proof to the contrary.
A delegation under this section does not affect the performance or exercise of any function, power, or responsibility by the territorial authority.