Acts A-Z
In relation to the Resource Management Act 1991 and the Local Government (Rating) Act 2002, the Council has delegated specific powers and functions to the Council Officers specified alongside those powers.
For all other listed Acts the Chief Executive has delegated the powers to those Council Officers specified alongside those powers.
The Introduction page sets out the General Principles of Delegations that apply to the delegations.
A
Administration Act 1969
The powers and duties delegated are those of the Council as a “local authority”.
Airport Authorities Act 1966
The New Plymouth Airport is owned and managed by a council-controlled organisation, Papa Rererangi I Puketapu Limited (PRIP). The New Plymouth Airport is run pursuant to a Service Level Agreement between the Council and PRIP dated 8 January 2018. The Council holds the aerodrome operator certificate and is the “airport authority” for the purpose of the Act. Pursuant to s 3(1), with the prior consent of, and in accordance with any conditions prescribed by, the Governor-General by Order in Council, a local authority may establish, improve, maintain, operate, or manage airports (including the approaches, buildings, and other accommodation, and equipment and appurtenances for any such airports) and may acquire land for any such purpose either within or without its district or region. The powers and duties delegated are those of the Council as a “local authority” or “airport authority”.
Amusement Devices Regulations 1978
The powers and duties delegated under these Regulations are those of the Council as a “local authority”.
Animal Welfare Act 1999
The powers and duties delegated are those of the Council as a “territorial authority”, “person” or “person in charge” as specified.
Arts Council of New Zealand Toi Aotearoa Act 2014
The powers and duties delegated are those of the Council as a “local authority”.
B
Biosecurity Act 1993
The powers and duties delegated are those of the Council as a “territorial authority”, “local authority”, "consent authority" or as a “person”, as specified.
Building Act 2004
The powers and duties delegated are those of the Council as "building consent authority" (BCA), "territorial authority" (TA) or "responsible authority" as specified. Note: the reference throughout the delegations to "chief executive" refers to the chief executive of the ministry responsible for the administration of the Act.
Building Research Levy Act 1969
The duties delegated are those of the Council as a "local authority"
Burial and Cremation Act 1964
The powers and duties delegated are those of the Council as a “local authority”.
Bylaws Act 1910
The powers delegated are those of the Council as a “local authority”.
C
Civil Aviation Act 1990
The New Plymouth Airport is owned and managed by a council-controlled organisation, Papa Rererangi I Puketapu Limited (PRIP). The New Plymouth Airport is run pursuant to a Service Level Agreement between the Council and PRIP dated 8 January 2018. The Council holds the aerodrome operator certificate and is the “airport authority” for the purpose of the Act. The powers and duties delegated under this Act are those of the Council as a “participant in a civil aviation system”, “joint venture airport”, “airport authority” or as otherwise specified.
Civil Aviation Rules
Rules administered by the Civil Aviation Authority of New Zealand
Civil Defence Emergency Management Act 2002
The powers and duties delegated are those of the Council as a "member of Emergency Management Group", "local authority" or as otherwise specified.
Conservation Act 1987
The powers and duties delegated are those of the Council as "administering body", "local authority", "territorial authority" or as otherwise specified. The Council’s powers as an “administering body” in relation to Part 3B of the Act (ss17O-17ZJ) are derived by virtue of its appointment under section 28 of the Reserves Act 1977 to control and manage a reserve vested in the Crown and under the Instrument of Delegation for Territorial Authorities dated 12 June 2013 from the Minister of Conservation. Delegations as an “administering body” are subject to any restrictions set out in the Schedule to the Instrument. The powers delegated under the Instrument CANNOT BE SUB-DELEGATED
F
Fees and Travelling Allowances Act 1951
The powers and duties delegated are those of the Council as a “local authority”.
Fencing Act 1978
Finance Act 1978
The powers and duties delegated are those of the Council as a “local authority”.
Fire and Emergency New Zealand Act 2017
The powers and duties delegated are those of the Council as a “local authority”.
Food Act 2014
The powers and duties delegated are those of the Council as a “territorial authority,” “registration authority”, “recognised agency” or as specified. Note: the reference throughout the delegations to "chief executive" refers to the chief executive of the ministry responsible for the administration of the Act.
Forestry Rights Registration Act 1983
The powers delegated are those of Council as a “proprietor of land”, an “applicant for registration of a forestry right”, or a “holder of a forestry right” as specified.
Freedom Camping Act 2011
The powers and duties delegated are those of the Council as a “local authority”. This Act regulates freedom camping on land controlled or managed by local authorities.
G
Gambling Act 2003
The powers and duties delegated are those of the Council as a “territorial authority”.
Gas Act 1992
The powers and duties delegated are those of the Council as a “local authority”.
Goods and Services Tax Act 1985
The powers and duties delegated are those of the Council as a “territorial authority”.
Government Roading Powers Act 1989
The powers and duties delegated are those of the Council as a “local authority”, “territorial authority”, “utility authority”, “responsible authority” or as otherwise specified. Note: the reference throughout the delegations to the "Agency" means the New Zealand Transport Agency (NZTA).
H
Hazardous Substances and New Organisms Act 1996
The powers and duties delegated are those of the Council as “territorial authority”.
Health Act 1956
The powers and duties delegated are those of the Council as a “local authority”, a “networked supplier” or “drinking-water supplier” or as otherwise specified.
Heavy Motor Vehicle Regulations 1974
The powers and duties delegated are those of the Council as a “controlling authority”. These Regulations are treated as being made under the Land Transport Act 1998.
Heritage New Zealand Pouhere Taonga Act 2014
The powers and duties delegated are those of the Council as a “local authority”, “territorial authority” as specified. Note: the reference throughout the delegations to "HNZPT" refers to Heritage New Zealand Pouhere Taonga.
I
Impounding Act 1955
The powers and duties delegated are those of the Council as a “local authority”. Pursuant to s63 of the Act, a local authority may delegate any of its powers under this Act (not being powers conferred by section 14(1) to any member or officer of the local authority.
Inglewood Town Board Leases Validation Act 1904
The powers and duties delegated are those of the Council as a “statutory successor to Inglewood Town Board”.
Irrigation Schemes Act 1990
The powers and duties delegated are those of the Council as a “local authority”.
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K
L
Land Act 1948
The powers and duties delegated are those of the Council as a “corporate body” or “local authority”, as specified.
Land Drainage Act 1908
The powers and duties delegated are those of the Council as a “local authority” or as the Board of Trustees for a district constituted under the Act (“the Board”), as specified.
Land Transfer Act 2017
The powers and duties delegated are those of the Council as an “applicant”, “owner”, “ transferee”, “transferor”, ”lessor”, “lessee”, “grantor”, “grantee”, “territorial authority” or as otherwise specified.
Land Transfer Regulations 2002
(Made under the Land Transfer Act 1952)
Land Transport Act 1998
The powers and duties delegated are those of the council as an “enforcement authority”, a “local authority”, “road controlling authority”, or a “territorial authority”, as specified.
Land Transport Management Act 2003
The powers and duties delegated are those of the Council as an “approved organisation”, a “local authority”, “project agency” or “territorial authority” as specified. Note: the reference throughout the delegations to the "Agency" means the New Zealand Transport Agency (NZTA).
Litter Act 1979
On 3 November 2009 the Council resolved to adopt the provisions of section 13 and 14 of the Litter Act 1979 to enable persons appointed as Litter Control Officers to issue infringement notices for infringement offences under the Act. The powers, and duties delegated are those of the Council as a “local authority”, “public authority” or “territorial authority” as specified.
Local Authorities (Employment Protection) Act 1963
The powers and duties delegated are those of the Council as a “local authority”. This Act was repealed from 1 November 1990 however, the Act shall continue to apply in respect of persons whose employment is transferred or deemed to have been transferred under that Act before the 1st day of November 1990.
Local Authorities (Members Interests) Act 1968
The powers and duties delegated are those of the Council as a “local authority”.
Local Electoral Act 2001
The powers and duties delegated are those of the council as a “local authority” or “territorial authority” as specified. The Council has a duty under section 12 of the Act to appoint an electoral officer. This duty is not delegated.
Local Government (Rating) Act 2002
The powers and duties delegated are those of the Council as a "local authority". The delegations under this Act have been made by the Council directly to officers. Restriction: The delegations made under this Act CANNOT BE SUB-DELEGATED
Local Government Act 1974
The powers and duties delegated are those of the Council as a "component authority", "council", "distribution authority", "district council", "local authority", principal local authority" or "territorial authority" as specified
Local Government Act 2002
The powers and duties delegated are those of the Council as a “local authority”, “territorial authority”, “local government organisation”, or an “applicant” as specified.
Local Government Official Information and Meetings Act 1987
The powers and duties delegated are those of the Council as a "local authority". Pursuant to section 42 of the Act, a local authority may delegate to an officer or employee all or any of its powers under Parts 2-5 of the Act (ss10-40) subject to any special or general directions or conditions. Unless expressly restricted, delegates are authorised to sub-delegate any of the powers and duties delegated to them below.
M
Marine and Coastal Area (Takutai Moana) Act 2011
The powers and duties delegated are those of the Council as a “local authority” and “consent authority” or as otherwise specified. Under the Act, every local authority is divested of every title as owner, whether under an enactment or otherwise, of any part of the common marine and coastal area, including: any land that becomes part of the common marine and coastal area after the commencement of the Act (by erosion or other natural occurrence); any freehold land acquired by the local authority that is within the marine and coastal area. (See sections 11,13 and 18 of the Act)
Maritime Transport Act 1994
The powers and duties delegated are those of the Council as a "local authority".
N
National Parks Act 1980
The powers delegated are those of the Council as a “local authority”.
New Plymouth Borough Land Exchange and Empowering Act 1939 (Local)
The power delegated is that of the Council as "Council".
New Plymouth District Council (Waitara Lands) Act 2018 (Local)
The powers and duties delegated are those of the Council as "Council" unless otherwise specified. This Act comes into force on 17 March 2019 .
New Plymouth Recreation and Racecourse Reserve Act 1999 (Local)
The powers and duties delegated are those of the Council.
New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008
The powers and duties delegated are those of the Council as "local authority".
New Zealand Library Association Act 1939
The powers delegated are those of the Council as "local authority".
New Zealand Railways Corporation Act 1981
The powers and duties delegated are those of the Council as a “local authority”.
New Zealand Railways Corporation Restructuring Act 1990
The powers and duties delegated are those of the Council as a “territorial authority”.
Ngati Mutunga Claims Settlement Act 2006
The powers and duties delegated are those of the Council as “administering body” or “consent authority” as specified.
Ngati Tama Claims Settlements Act 2003
The powers and duties delegated are those of the Council as a “consent authority”, “local authority” or as otherwise specified.
O
P
Paritutu Centennial Park Act 1968 (Local 1968 No 8)
The powers and duties delegated are those of the Council as "Council".
Postal Services Act 1998
The powers and duties delegated are those of the Council as a “local authority”.
Property Law Act 2007
The powers and duties delegated are those of the Council as a “lessee”, “lessor”, “occupier”, “owner”, “territorial authority” or as otherwise specified.
Prostitution Reform Act 2003
The powers and duties delegated are those of the Council as a “territorial authority”.
Protected Disclosures Act 2000
The powers and duties delegated are those of the Council as a “public sector organisation”. The purpose of this Act is to ensure that appropriate procedures are put in place to deal with information about serious wrongdoing.
Protected Objects Act 2006
The duties delegated are those of the Council as a "public museum".
Public Audit Act 2001
The powers and duties delegated are those of the Council as a “specified public entity”.
Public Authorities (Party Wall) Empowering Act 1919
The powers and duties delegated are those of the Council as a “public authority”.
Public Bodies Leases Act 1969
The powers and duties delegated are those of the Council as a “territorial authority”, “local authority” and “leasing authority” as specified. The Public Bodies Leases Act 1969 (the “PBLA”) applies to the Council as a local/territorial authority (as leasing authority) only in respect of: (a) any lease or tenancy granted by the Council before 1 July 2003 and which is still current; (b) any lease or tenancy granted after 1 July 2003, in renewal of a lease or tenancy to which the Public Bodies Leases Act 1969 applies. With respect to new leases granted after 1 July 2003, the Council remains a leasing authority for the purposes of section 61 of the Reserves Act 1977 (relating to local purpose reserve) because it is declared a leasing authority of local purpose reserves vested in it as an “administering body” by section 61(2) of the Reserves Act 1977 and not as a territorial authority. The Council’s power to grant a lease under the Public Bodies Leases Act 1969 is therefore restricted to the purposes of section 61 of the Reserves Act 1977 unless the Act allows otherwise (see, e.g. section 5 of the PBLA).
Public Finance Act 1989
The powers and duties delegated are those of the Council as a “local authority”.
Public Records Act 2005
The powers and duties delegated are those of the Council as a “local authority”. A “local authority record” means a record or class of records in any form, in whole or in part, created or received (whether before or after the commencement of the Act) by a local authority in the conduct of its affairs (section 4 of the Act).
Public Works Act 1981
The powers and duties delegated are those of the Council as a “local authority”, “notifying authority”, “territorial authority”, and “Authority” under section 133, or as otherwise specified. Note that the powers of the Chief Executive under this Act are delegated to Council officers by the Chief Executive – refer the Chief Executive’s Instrument of Delegation.
Q
R
Racing Act 2020
The duties delegated are those of the Council as a “territorial authority”.
Railways Act 2005
The powers and duties delegated are those of the Council as a “local authority”, “road controlling authority” or “person” as specified.
Rates Rebate Act 1973
The powers and duties delegated are those of the Council as a “local authority”.
Rating Valuations Act 1998
The powers and duties delegated are those of the Council as a "local authority" or "territorial authority".
Receiverships Act 1993
The powers delegated are those of the Council as "local authority"
Reserves Act 1977
The delegations under this Act are those of the Council as "administering body", "local authority", "territorial authority" or as otherwise specified. The Council (being an administering body under the Reserves Act 1977 by virtue of a vesting or an appointment to control and manage a reserve under the Reserves Act 1977) has delegated authority under the "Instrument of Delegation for Territorial Authorities" dated 12 June 2013 from the Minister of Conservation (the Instrument), so that it may apply the powers, functions and duties set out in the Schedule to the Instrument. Such delegations are subject to the limitations of powers set out in the Schedule. The powers and duties set out in the Schedule to the Instrument CANNOT BE SUB-DELEGATED
Reserves and Other Lands Disposal Act 1935
The duties delegated are those of the Council as "successor to the Mayor, Councillors, and Burgesses of the Borough of New Plymouth"
Resource Management (Simplifying and Streamlining) Amendment Act 2009
The powers and duties delegated are those of the Council as “consent authority”, “local authority” or “territorial authority” as specified.
Resource Management Act 1991
The powers and duties delegated are those of the Council as a “consent authority”, “heritage protection authority”, “local authority”, “person”, “public authority”, “requiring authority”, “territorial authority” or as otherwise specified. The delegations under this Act have been made by the Council directly to officers. Restriction: Pursuant to section 34A of the Act, the powers and duties delegated by the Council under this Act CANNOT BE SUB-DELEGATED to any other person.
S
Sale and Supply of Alcohol Act 2012
The powers and duties delegated are those of the Council as a "territorial authority".
Soil Conservation and Rivers Control Act 1941
The powers and duties delegated are those of the Council as a “local authority”.
Statistics Act 1975
The duties delegated are those of the Council as a "local authority"
Sugar Loaf Islands Marine Protected Area Act 1991
The powers and duties delegated are those of the Council as “local authority”. NPDC owns three of the Ngamotu/Sugar Loaf Islands – Pararaki (Seagull Rock), Mataora (round Rock) and Motuotamatea (Snapper Rock)
Summary Proceedings Act 1957
T
Taranaki Botanic Garden Act 1876
The powers and duties delegated are those of the Council as successor to the “Board of Trustees”. Note that in 2003 the Council resolved to repeal this Act. It has not yet been repealed and is therefore still in force.
Taranaki County Reserves Act 1966 (Local)
The powers and duties delegated are those of the Council as “Chairman, Councillors, and Inhabitants of the County of Taranaki” (“the Corporation”). The land is known as the “Junction Road Leases Land”.
Te Ture Whenua Act 1993/Māori Land Act 1993
The powers and duties delegated are those of the Council as “local authority”, or “territorial authority” as specified.
Telecommunications Act 2001
The powers and duties delegated are those of the Council as a “local authority”.
Transport (Vehicular Traffic Road Closure) Regulations 1965
The delegations made are those of the Council as a "controlling authority". Note that these Regulations are treated under s218 of the Land Transport Act 1998 as being made under that Act
U
Unit Titles Act 2010
The powers and duties delegated are those of the Council as a “local authority” or “territorial authority” or as otherwise specified.
Utilities Access Act 2010
The powers and duties delegated are those of the Council as a “corridor manager” or “utility operator” or as otherwise specified.
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W
Waitara Borough Reserves Vesting Act 1909 (Local Act 1909 No 42)
The powers and duties delegated are those of the Council as the statutory successor to the Waitara Borough Council.
Waitara Harbour Act 1940 - 1940 No 6 (Local)
The powers and duties delegated are those of the Council as statutory successor to the Waitara Borough Council.
Waste Minimisation Act 2008
The powers and duties delegated are those of the Council as a “territorial authority”, “person” or an “operator of a disposal facility” as specified.
Wild Animal Control Act 1977
The powers and duties delegated are those of the Council as “local authority” or “occupier”, as specified. Under section 6 of the Act, the Minister of Conservation may delegate in writing to any local authority powers under the Act (excluding power to delegate and to grant concessions under Part 2 (ss21-26)) subject to any general or special directions given or conditions attached by the Minister.
Wildlife Act 1953
The powers and duties delegated below are those of the Council as “local authority”, “occupier” or “controlling authority”, as specified.