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New Plymouth District Council (Waitara Lands) Act 2018 (Local)

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The powers and duties delegated are those of the Council as "Council" unless otherwise specified. This Act comes into force on 17 March 2019 .
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  • Section

    s5

    Summary of Function or Power

    Duty to take into account the relationship of the Waitara hapū and their culture and traditions with their ancestral land, water, sites, wāhi tapu, valued flora and fauna, and other taonga in Waitara in relation to making decisions under the Act;

    Power to perform or exercise any function, duty or power by the Council under any other enactment.

    Delegated Officer

    Te Rōpū Manawataki (Senior Management Team)
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  • Section

    s8(4)

    Summary of Function or Power

    Duty to pay the Crown fair market value for the Crown-owned portion of Clifton Park on or before vesting as specified.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
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  • Section

    s9(4)

    Summary of Function or Power

    Powers and duties in relation to vesting of land adjacent to West Beach as specified.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
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  • Section

    s10

    Summary of Function or Power

    Powers and duties in relation to entering into an agreement with Te Kōwhatu Tū Moana to purchase Council purchase property as specified.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
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  • Section

    s11

    Summary of Function or Power

    Powers and duties in relation to entering into an agreement with Te Kōwhatu Tū Moana to transfer Council option property as specified.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
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  • Section

    s14

    Summary of Function or Power

    Powers in relation to requesting the registered owner of Brown Road Lands transferred under s12 to grant any applicable registrable easements specified within the timeframe specified.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
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  • Section

    s18

    Summary of Function or Power

    Powers and duties (as administering body) in relation to reserve status of Vested Land and other reserve properties subject to the Reserves Act 1977;

    Duty to undertake administration of Pukekohe Domain jointly with Te Kōwhatu Tū Moana on agreed terms and conditions.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
    Manager Parks and Open Spaces
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  • Section

    s20

    Summary of Function or Power

    Duty to enter into an agreement with Te Kōwhatu Tū Moana in relation to the management and administration of reserve land providing for the matters specified; Duty to maintain copies of the agreement on Council internet site and at a Council premises in Waitara;

    Duty (as administering body) to prepare/review management plan for reserve land under s41 Reserves Act 1977; consider any proposal to change the classification of any part of the reserve land under s24 or 24A of Reserves Act 1977.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
    Manager Parks and Open Spaces
    Parks Services Lead
    District Planning & Growth Lead
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  • Section

    s23(5) & s23(6)

    Summary of Function or Power

    Power to determine any additional terms and conditions of sale and purchase of Waitara Endowment Land.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
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  • Section

    s24(2)

    Summary of Function or Power

    Duty to give notice to the lessee of the purchase price determined under s23(4)(a) within the timeframe specified.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
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  • Section

    s25

    Summary of Function or Power

    Valuation of land for purposes of sale to lessee; Duty to submit the issue to a suitably qualified valuation arbitrator in the circumstances specified.

     

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
    Property Officer
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  • Section

    s29

    Summary of Function or Power

    Powers and duties to allocate accumulated income in as specified

    (accumulated income means income derived from the Waitara Endowment Land before the commencement of this Act)

     

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
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  • Section

    s30

    Summary of Function or Power

    Powers and duties in relation to the allocation of future income from Waitara Endowment Land as specified.

     (future income means income derived from the Waitara Endowment Land on or after the commencement of this Act)

     

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
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  • Section

    s36

    Summary of Function or Power

    Powers and duties to establish and maintain a Fund comprising all accumulated and future income allocated to the Council as specified.

     

     

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
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  • Section

    s41

    Summary of Function or Power

    Duty to provide adequate administration and operating services to the Board and meet the Boards expenses as specified;

    Duty to provide the Board with a statement of the amount of the annual release from the Waitara Perpetual Community Fund within the timeframe specified.

     

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
    Rates Lead
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  • Section

    s42

    Summary of Function or Power

    Duty to prepare terms of reference and provide for the matters specified for adoption by Council and Te Kōwhatu Tū Moana for the Board;

    Duty to publish terms of reference on Council internet site and have available for inspection at Council premises in Waitara.

     

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
    Rates Lead
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  • Section

    s43

    Summary of Function or Power

    Duty to establish Hapū Land Fund and Waitara Perpetual Community Fund as specified.

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
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  • Section

    s44

    Summary of Function or Power

    Power to disestablish Hapū Land Fund if specified conditions met.

     

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
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  • Section

    s47(1)

    Summary of Function or Power

    Duty to determine the amount of the annual release for each financial year in accordance with policy.

     

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
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  • Section

    s49

    Summary of Function or Power

    Duty to distribute funds as determined in accordance with relevant provisions; notify the person the distribution is made to; publish the distribution on the Council’s website.

     

    Delegated Officer

    Manager Finance
    Management Accounting Lead
    Financial Accounting Lead
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  • Section

    s58

    Summary of Function or Power

    Duty to notify Registrar-General of Land to remove notations from record of title.

    Delegated Officer

    Manager Property
    Property Management Lead
    Strategic Property Advisor
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  • Section

    Sch 2 cl10

    Summary of Function or Power

    Duty to approve remuneration and expenses.

    Delegated Officer

    Manager Governance
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  • Section

    Sch 2 cl12

    Summary of Function or Power

    Duties and powers to review the performance of the Board.

    Delegated Officer

    Manager Governance
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