34A Delegation of powers and functions to employees and other persons

(1)

A local authority may delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), any functions, powers, or duties under this Act except the following:

(a)

the approval of a proposed policy statement or plan under clause 17 of Schedule 1:

(b)

this power of delegation.

(1A)

If a local authority is considering appointing 1 or more hearings commissioners to exercise a delegated power to conduct a hearing under Part 1 or 5 of Schedule 1,—

(a)

the local authority must consult tangata whenua through relevant iwi authorities on whether it is appropriate to appoint a commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū; and

(b)

if the local authority considers it appropriate, it must appoint at least 1 commissioner with an understanding of tikanga Māori and of the perspectives of local iwi or hapū, in consultation with relevant iwi authorities.

(2)

A local authority may delegate to any other person any functions, powers, or duties under this Act except the following:

(a)

the powers in subsection (1)(a) and (b):

(b)

the decision on an application for a resource consent:

(c)

the making of a recommendation on a requirement for a designation.

(3)

[Repealed]

(4)

Section 34(7), (8), (9), and (10) applies to a delegation under this section.

(5)

Subsection (1) or subsection (2) does not prevent a local authority delegating to any person the power to do anything before a final decision on a matter referred to in those subsections.

Section 34A: inserted, on 1 August 2003, by section 14 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 34A(1)(a): replaced, on 1 October 2009, by section 28 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 34A(1A): inserted, on 19 April 2017, by section 17 of the Resource Legislation Amendment Act 2017 (2017 No 15).

Section 34A(3): repealed, on 10 August 2005, by section 14 of the Resource Management Amendment Act 2005 (2005 No 87).