Resource Management Act 1991
069
Commenced: 1 Oct 1991
IV: Functions, Powers, and Duties of Central and Local Government
Functions, Powers, and Duties of Local Authorities
33
Transfer of powers
33. Transfer of powers---(1) A local authority that has functions,
powers, or duties under this Act may transfer any one or more of those
functions, powers, or duties to another public authority in accordance
with this section, except that it may not transfer any of the following:
(a) The approval of a policy statement or plan or any changes to a
policy statement or plan:
(b) The issuing of, or the making of a recommendation on, a
requirement for a designation or a heritage order under Part
VIII:
(c) This power of transfer.
(2) For the purposes of this section, ``public authority'' includes
any local authority, iwi authority, Government department, statutory
authority, and joint committee set up for the purposes of section 80.
(3) A local authority that transfers any function, power, or duty
under this section shall continue to be responsible for the exercise
thereof.
(4) A local authority shall not transfer any of its functions, powers,
or duties under this section unless---
(a) It has used the special consultative procedure specified in
section 716A of the Local Government Act 1974; and
(b) Before using that special consultative procedure it serves notice
on the Minister of its proposal to transfer the function, power,
or duty; and
(c) Both authorities agree that the transfer is desirable on all of
the following grounds:
(i) The authority to which the transfer is made represents the
appropriate community of interest relating to the exercise or
performance of the function, power, or duty:
(ii) Efficiency:
(iii) Technical or special capability or expertise.
(5) Paragraphs (a) and (b) of subsection (1) shall not prevent a local
authority transferring to another public authority, power to do anything
prior to any final decision or recommendation on a matter referred to in
those paragraphs.
(6) A transfer of functions, powers, or duties under this section
shall be made by agreement between the authorities concerned and on such
terms and conditions as are agreed.
(7) A public authority to which any function, power, or duty is
transferred under this section may accept such transfer, unless
expressly forbidden to do so by the terms of any Act by or under which
it is constituted; and upon any such transfer, its functions, powers,
and duties shall be deemed to be extended in such manner as may be
necessary to enable it to undertake, exercise, and perform the function,
power, or duty.
(8) A local authority which has transferred any function, power, or
duty under this section may change or revoke the transfer at any time by
notice to the transferee.
(9) A public authority to which any function, power, or duty has been
transferred under this section, may relinquish the transfer in
accordance with the transfer agreement.