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Planning Bill

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

196: Delegation to employees and others

You could also call this:

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

Illustration for Planning Bill

You can be given some jobs to do by a territorial authority if you are an employee or a hearings commissioner. The territorial authority can give you some of its functions, powers, or responsibilities, but not all of them. It cannot give you the power to approve a plan under Schedule 2 or 3, or the power to delegate jobs to others. You can also be given jobs to do by a territorial authority if you are not an employee or a hearings commissioner. The territorial authority can give you some of its functions, powers, or responsibilities, but not all of them. It cannot give you the power to approve a plan under Schedule 2 or 3, or the power to delegate jobs to others, or make a decision on an application for a resource consent. A territorial authority can give someone the power to do something before a final decision is made. This is allowed under subsections (1) or (2), which have some rules about what jobs can be given to others. Some other rules, in sections 194(3) and 195, also apply to the jobs that a territorial authority gives to others. These rules help explain how the jobs can be given and what they include. They are important to follow when a territorial authority is delegating its functions, powers, or responsibilities to you or someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522684.

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

196Delegation to employees and others

  1. A territorial authority may delegate to an employee or hearings commissioner appointed by the territorial authority any function, power, or responsibility under this Act except—

  2. the power to approve a plan under Schedule 2 or 3; or
    1. this power of delegation.
      1. A territorial authority may delegate any function, power, or responsibility to any other person except—

      2. the powers referred to in subsection (1)(a) and (b); or
        1. a decision on an application for a resource consent.
          1. Subsection (1) or (2) does not prevent a territorial authority from delegating to any person the power to do anything referred to in those subsections before a final decision has been made on those actions.

          2. Sections 194(3) and 195 apply to a delegation made under this section.