New Zealand Legislation: Acts

17 Transfer of responsibilities

• (1) A regional council may transfer 1 or more of its responsibilities (other than a responsibility that may be transferred under section 33 of the Resource Management Act 1991) to a territorial authority in accordance with this section.

  (2) A territorial authority may transfer 1 or more of its responsibilities (other than a responsibility that may be transferred under section 33 of the Resource Management Act 1991) to a regional council in accordance with this section.

  (3) A transfer of responsibilities under this section—

  • (a) must be made by agreement between the local authorities concerned and may be on the terms and conditions that are agreed; and

  • (b) may be, as agreed, either—

    • (i) a substantive transfer of responsibilities; or

    • (ii) a delegation of the undertaking of responsibilities with the transferring local authority remaining responsible for the exercise of those responsibilities.

  (4) A local authority may not transfer a responsibility, or accept a transfer of a responsibility, unless—

  • (a) it has—

    • (i) included the proposal in its annual plan or draft long-term plan; or

    • (ii) used the special consultative procedure; and

  • (b) it has given prior notice to the Minister of the proposal.

  (5) From the time a transfer takes effect, the responsibilities and powers of the local authority receiving the transfer are extended as necessary to enable the local authority to undertake, exercise, and perform the transferred responsibilities.

  (6) If a transfer of responsibilities has been made, either local authority that was party to the transfer may, through the process set out in subsections (3) to (5), initiate—

  • (a) a variation of the terms of the transfer; or

  • (b) the reversal of the transfer.

  Compare: 1974 No 66 ss 37SC, 37SD

  Section 17(4)(a)(i): amended, on 27 November 2010, by section 49 of the Local Government Act 2002 Amendment Act 2010 (2010 No 124).