33 Transfer of powers

(1)

A local authority may transfer any 1 or more of its functions, powers, or duties under this Act, except this power of transfer, to another public authority in accordance with this section.

(2)

For the purposes of this section, public authority includes—

(a)

a local authority; and

(b)

an iwi authority; and

(c)
[Repealed]

(d)

a government department; and

(e)

a statutory authority; and

(f)

a joint committee set up for the purposes of section 80; and

(g)

a local board.

(3)

[Repealed]

(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 set out in section 83 of the Local Government Act 2002; 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)

[Repealed]

(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.

Section 33(1): replaced, on 1 August 2003, by section 12(1) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 33(2): replaced, on 1 November 2010, by section 113(1) of the Local Government (Auckland Transitional Provisions) Act 2010 (2010 No 37).

Section 33(2)(c): repealed, on 1 October 2011, by section 11 of the Resource Management Amendment Act (No 2) 2011 (2011 No 70).

Section 33(2)(g): amended, on 8 August 2014, by section 78 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).

Section 33(3): repealed, on 1 August 2003, by section 12(2) of the Resource Management Amendment Act 2003 (2003 No 23).

Section 33(4)(a): replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 33(5): repealed, on 1 August 2003, by section 12(2) of the Resource Management Amendment Act 2003 (2003 No 23).