Section 34 — Resource Management Act 1991: 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 2002 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 2002 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) Subsection (2) does not prevent a local authority delegating to a community board power to do anything before a final decision on the approval of a plan or any change to a plan. (4) [Repealed] (5) [Repealed] (6) [Repealed] (7) Any delegation under this section may be made on such terms and conditions as the local authority thinks fit, and may be revoked at any time by notice to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. Subsections (1) and (2) were amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting the words “ Local Government Act 2002 ” for the words “ Local Government Act 1974 ” . See sections 273 to 314 of that Act as to the savings and transitional provisions. Subsection (3) was substituted, as from 1 August 2003, by section 13 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4) was repealed, as from 1 August 2003, by section 13 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (5) 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 as to the savings and transitional provisions. Subsections (5) and (6) were repealed, as from 1 August 2003, by section 13 Resource Management Amendment Act 2003 (2003 No 23). See sections 109 to 113 of that Act as to the transitional and savings provisions.