Section 34: How Ministers and Councils Delegate Functions
34.Delegation of functions by Minister or councils
(1)A Minister responsible for a Ministry may, after consultation with the Minister, delegate functions, powers and responsibilities vested in that Ministry to a local government council; and a local government council may delegate its functions, powers and responsibilities to a lower local government council within its area of jurisdiction.
(2)A delegation under subsection (1) shall not be effected unless—
(a)all parties are in agreement;
(b)adequate resources are made available for the exercise of those functions, powers, services and responsibilities; and
(c)appropriate measures are taken to bring the change to the attention of the public.
(3)A copy of the instrument of delegation under subsection (1) shall be sent by the authority making the delegation—
(a)in the case of a lower council, to the relevant district council; and
(b)in the case of a district council, to the Minister responsible for local governments,
to be registered and stored, by the district council or the Ministry, as the case may be, and shall be open to public access.
(4)The instrument of delegation registered under subsection (3) shall be published in the following manner—
(a)where registered by the Minister, shall be published—
(i)by notice in the Gazette and in the local media at the expense of the delegating authority; and
(ii)by fixing a copy of the instrument in a conspicuous place on or near the outer door of the relevant council's office during office hours for a period of not less than fifteen days; and
(b)where registered by a district council, shall be published—
(i)by fixing a copy of the instrument in a conspicuous place on or near the outer door of the relevant council's offices during office hours for a period of not less than fifteen days; or
(ii)in such other manner as is customary in the area of jurisdiction of the relevant council.
Plain English Summary
Government ministers and local councils have the power to delegate their functions to lower councils within their area. However, this delegation can o...
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