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Natural Environment Bill

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

234: Presumptions applying to delegations

You could also call this:

"When a council gives someone a job, they can do it like the council would"

Illustration for Natural Environment Bill

When a regional council gives someone a job to do, that person can do it in the same way the council would. You can think of it like the council giving someone permission to act on their behalf. The person is assumed to be following the rules of the job they were given, unless someone can prove they are not. If a regional council gives someone a task, it does not mean the council cannot do the task itself. The council can still do the task, even if someone else is also doing it. This means the council is still in charge and responsible for making sure the task is done correctly. A regional council can give someone a job to do, and that person can do it without needing to check with the council every time. You can expect the person to do the job in the same way the council would, and to follow the rules they were given. The council is still responsible for the job, even if someone else is doing it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557581.

This page was last updated on 14 December 2025 — View changes

Topics:

Government and voting > Local councilsEnvironment and resources > Town planning

233: Delegation of functions etc, or

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

235: Delegation to employees and others, or

"When a regional council gives jobs to others, they must follow the rules."

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

234Presumptions 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 responsibility in the same way and to the same effect as the regional council 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 regional council.