Roles Of Local Authorities And Regulators

Question 1

Who are local authorities?

Answer 1

•They are regulators and consent authorities
•Territorials/unitary authorites
•Regional councils

•Remember local authorities are established under the Local Government Act 2002 (and previous LGAs)

•Local authorities are legal persons so their functions and powers are only those given to them by statute

Question 2

What are the different functions under LGA and RMA for local authorities?

Answer 2

LGA 2002-PURPOSE OF LG
•To enable democratic decision-making
•To meet needs of communities for good quality infrastructure, local public services, regulatory functions in a cost effective way (s 10)

RMA 1991-PURPOSE
•To promote the sustainable management of natural and physical resources
•Local authorities must exercise their RMA functions (s 30-31) for purpose of RMA

Question 3

What are the different hats under the RMA do local Authorities have?

Answer 3

They are regulators making-
•Rules in regional plans
•Rules in district plans

And they grant individual approvals Considering and granting
•Resource consents

Recommending decisions on
•Designations
•Heritage Orders

Question 4

What are the regional councils functions under the RMA?

Answer 4

•Functions (check s 30 for more detail of functions) of the RMA
•some overlap of functions with territorial authorities
•Broad over-arching function and policy-function

Question 5

What are some of the new functions from 2017 amendment for regional and territorial functions?

Answer 5

2017 amendment to RMA inserted new para (ba) in s 30 (1) and new para (aa) in s 31 (1)-

•The establishment, implementation, and review of objectives, policies, and methods to ensure that there is sufficient development capacity in relation to housing and business land to meet the expected demands of the region.
•”Business land”, “development capacity” and “development infrastructure” defined in s 30 (5)

Question 6

What is the scope for regulatory powers of regional councils?

Answer 6

Scope of regulatory powers set by
•s 30 functions of regional councils
+ Part 2 purpose and principles of RMA
+ Part 3 duties and restrictions-ss12-15 all regional functions
-regulating outside these provisions=ultra vires

NOTE
•Exercise of power to regulate is discretionary
•But there must be a regional coastal plan-even so, RC still has discretion as to its contents and what, if any, rules to include

Question 7

What and where are the functions of a territorial authority under the RMA?

Answer 7

Look under s 31 of the RMA

Question 8

What’s is the scope of regulatory powers for Territorial Authorities?

Answer 8

scope of regulatory powers set by-
• s 31 functions of territorial authorities
+ Part 2 Purposes and principles of RMA
+Part 3 duties and restrictions-ss9 and 11-land use and subdivision all TA functions
-regulating outside those provisions=ultra vires

Question 9

Who deals with overlap of functions?
s 62 (1)

Answer 9

Regional policy statement (RPS) must state:
(i) the local authority in the whole or any part of the region for specifying the objectives, policies and methods for the control of the use of land-
(i) to avoid or mitigate natural hazards or any group of hazards; and
(ii) [repealed]
(iii) to maintain indigenous biological diversity; and