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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
34   Delegation of functions, etc., by local authorities




   34. Delegation of functions, etc., by local authorities---(1) A local
 authority may delegate to any committee of the local authority
 established in accordance with the Local Government Act 1974 any of its
 functions, powers, or duties under this Act.

   (2) A territorial authority may delegate to any community board
 established in accordance with the Local Government Act 1974 any of its
 functions, powers, or duties under this Act in respect of any matter of
 significance to that community, other than the approval of a plan or any
 change to a plan.

   (3) A local authority may delegate to any hearings commissioner or
 commissioners appointed by the local authority for this purpose, who may
 or may not be a member of the local authority, any of its functions,
 powers, or duties under this Act, other than---
   (a) The approval of a policy statement or plan or any change to a
         policy statement or plan:
   (b) This power of delegation.

   (4) A local authority may delegate to any of its officers any of its
 functions, powers, or duties under this Act, other than---
   (a) The approval of a policy statement or plan or any change to a
         policy statement or plan:
   (b) The making of a recommendation on a requirement for a designation
         or a heritage order under Part VIII:
   (c) The granting of a resource consent for a non-complying activity in
         respect of any application which is notified in accordance with
         section 93:
   (d) This power of delegation.

   (5) No delegation under subsection (4) shall be made except through
 the local authority's chief executive officer or group of senior
 executive officers in accordance with the Local Government Act 1974.

   (6) Nothing in subsections (2), (3), and (4) shall prevent a local
 authority delegating to a hearings commissioner or commissioners, or
 community board, or officer, power to do anything prior to any final
 decision on a matter referred to in those subsections.

   (7) Any delegation under this section may be made on such terms and
 conditions as the local authority thinks fit, and may be revoked at any
 time by notice to the delegate.

   (8) Except as provided in the instrument of delegation, every person
 to whom any function, power, or duty has been delegated under this
 section may, without confirmation by the local authority, exercise or
 perform the function, power, or duty in like manner and with the same
 effect as the local authority could itself have exercised or performed
 it.

   (9) Every person authorised to act under a delegation under this
 section is presumed to be acting in accordance with its terms in the
 absence of proof to the contrary.

   (10) A delegation under this section does not affect the performance
 or exercise of any function, power, or duty by the local authority.
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