New Zealand Legislation: Acts

15 Transfer of powers, etc, by local authorities

• (1) Subject to subsections (2) and (3) of this section, a local authority that has an operation under this Act (in this section referred to as the transferor) may transfer the performance of the operation to another local authority (in this section referred to as the transferee), if—

  • (a) it has used the special consultative procedure specified in section 83 of the Local Government Act 2002; and

  • (b) In the case of an operation under or relating to a national pest management strategy, before using that procedure it has served notice on the Minister of its intention to do so; and

  • (c) In the case of an operation under or relating to a regional pest management strategy,—

    • (i) It is a regional council, and no other regional council is involved in the plan; or

    • (ii) Before using that procedure it has served notice on every regional council involved in the plan (other than itself, if it is a regional council) of its intention to do so; and

  • (d) It agrees with the transferee that the transfer is desirable on the grounds of—

    • (i) Efficiency; and

    • (ii) Technical or special capability or expertise on the part of the transferee,—

  by (and subject to any terms and conditions contained in) a written agreement with the transferee.

  (2) The transferor shall not transfer—

  • (a) The performance of the function of notifying or making any regional pest management strategy under Part 5 of this Act; or

  • (b) The exercise of the power of transfer conferred by subsection (1) of this section.

  (3) The agreement shall contain provisions dealing with the revocation and relinquishment of the transfer; and

  • (a) The transferor may change or revoke the transfer; and

  • (b) The transferee may relinquish the transfer,—

  accordingly.

  (4) While the operation remains transferred to the transferee,—

  • (a) The transferee's functions, powers, and duties shall be deemed to be extended to the extent necessary to enable it to undertake the operation; but

  • (b) The transferor shall continue to be responsible for the operation.

  (5) In this section—

  Operation means a function, power, or duty

  Perform includes exercise.

  Subsection (1) was amended, as from 26 November 1997, by section 9 Biosecurity Amendment Act 1997 (1997 No 89) by omitting the words “transfer the operation to the transferee”.

  Subsection (1)(a) was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act for the savings and transitional provisions.

  Subsection (2)(a) was amended, as from 26 November 1997, by section 9 Biosecurity Amendment Act 1997 (1997 No 89) by substituting the words “notifying or making” for the words “proposing or approving”.