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Natural Environment Bill

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

235: Delegation to employees and others

You could also call this:

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

Illustration for Natural Environment Bill

You can be given some jobs to do by a regional council. They can ask you to do things that they are allowed to do under this proposed law. But there are some things they cannot ask you to do. If a regional council wants to appoint someone to make decisions at a hearing under the Planning Act 2025, they must talk to the local iwi. They need to ask about the iwi's perspective and whether they should appoint someone who understands tikanga Māori. The council might then appoint someone with this understanding. A regional council can also ask other people to do jobs for them, except for certain things. They cannot ask someone to make a decision about a permit or consent. But they can ask someone to do things before a final decision is made. You can be asked to do many things, but some things are only for the regional council to decide. The council has to follow the rules when asking you to do things for them. They must make sure they are allowed to ask you to do those things under this proposed law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1557582.

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Topics:
Government and voting > Local councilsEnvironment and resources > Town planningMāori affairs > Māori landMāori affairs > Te reo Māori
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234: Presumptions applying to delegations, or

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

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236: Power to make joint management agreement, or

"Working together: How regional councils can make joint agreements"

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

235Delegation to employees and others

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

  2. the power to approve a plan under clause 43 of Schedule 3 of the Planning Act 2025; or
    1. this power of delegation.

      1. If a regional council is considering appointing hearings commissioners to exercise a delegated power to conduct a hearing under Schedule 3 of the Planning Act 2025, the council must—

      2. consult tangata whenua through the relevant iwi authorities on—
        1. the perspective of local iwi and hapū; and
          1. whether it is appropriate to appoint a commissioner with an understanding of tikanga Māori; and
          2. if the council considers it appropriate, appoint at least 1 commissioner with an understanding of tikanga Māori and the perspectives of local iwi and hapū, in consultation with the relevant iwi authorities.

            1. A regional council 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 permit or consent.

                1. Subsections (1) and (2) do not prevent a regional council delegating to any person the power to do anything referred to in those subsections before a final decision has been made on those actions.