Court of Appeal Wellington
CA 72/03
4 March; 18 May 2004
Anderson P, Chambers and O’Regan JJ
CA 72/03
4 March; 18 May 2004
Anderson P, Chambers and O’Regan JJ
Local government — Powers — Delegation — Whether local authority may contract out and delegate regulatory functions to company — Whether company may be officer of local authority — Whether terms of contract made company “officer of council” — Meaning of “officer” — Local Government Act 1974, ss 247D(1) and 715(7) and (8).
Resource management — Resource consents — Powers of delegation — Statutory basis for delegation of resource consent process — Whether power to delegate under Resource Management Act 1991 extended by powers under Local Government Act 1974 — Whether possible to delegate power to private company — Whether company could be officer of local authority — Meaning of “officer” — Local Government Act 1974, s 247D.
Practice and procedure — Declarations — Whether of practical value given that new resource consents validly granted — Question of costs still outstanding — Resource Management Act 1991, s 34(4).
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