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Natural Environment Bill

Key roles - Transfer and delegation of powers - Transfer of powers, functions, and responsibilities

232: Transfer of powers

You could also call this:

"When a regional council gives some of its jobs to another group"

Illustration for Natural Environment Bill

You can think of a regional council as a group that helps make decisions for a region. This group may give some of its jobs, powers, or responsibilities to another public authority. You need to know that both groups must agree on the terms and conditions of the transfer. They must also agree that the new group is the right one to take on the job. You should understand that the transfer can happen if it makes things more efficient or if the new group has special skills. The group that gave away the job can take it back or change the transfer at any time by giving notice. The new group can also give the job back if that is what they agreed to do. If a power is transferred, but it is not related to jobs under this Act or the Planning Act 2025, it will no longer be valid when this Act and the Planning Act 2025 start.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557578.

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231: Definition applying in this subpart, or

"What special terms mean in this part of the Natural Environment Bill"


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233: Delegation of functions etc, or

"When a team gives jobs to another team, it can still set rules and take them back"

Part 5Key roles
Transfer and delegation of powers: Transfer of powers, functions, and responsibilities

232Transfer of powers

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

  2. A regional council may transfer any function, power, or responsibility, but only if both authorities concerned agree—

  3. 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 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.

        2. 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.

        3. To avoid doubt, the transfer of a power that relates to functions that are not provided for by or under this Act or the Planning Act 2025 will cease to have legal effect on and after the commencement of this Act and the Planning Act 2025.