2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 2 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT UPDATED

DESCRIPTION OF POWER DELEGATED                                               LEGISLATION

Power, as a local government with a LGIP that does not identify              Section 128(2)
adequate trunk infrastructure to service the subject premises, to impose
a development condition requiring development infrastructure necessary
to service the premises to be provided at a stated time.
Power, as a local government, to impose an extra payment condition.          Sections 130, 131, 132,
For avoidance of doubt, the power delegated includes the power to take       133, 134 and 135
all actions and consider all matters as detailed in sections 130, 131,
132, 133, 134 and 135.
Power in the circumstances referred to in subsection (1) to, by notice       Section 137
given to the applicant, amend the infrastructure charges notice.
Power, as a local government, to consider and decide a conversion            Sections 140, 141 and
application. For avoidance of doubt, the power delegated includes the        142
power to take all actions and consider all matters as detailed in sections
140, 141 and 142
Power, as a local government, to agree with an applicant that a levied       Section 144(2)
charge, for the purpose of its recovery, is not taken to be rates.
Power, as a local government, to impose a development condition about        Section 145
non-trunk infrastructure.
Power, as a local government, to enter an infrastructure agreement. For      Chapter 4, Part 4
avoidance of doubt, the power delegated includes the power to take all
actions and consider all matters as detailed in Chapter 4, Part 4.
Power, as an enforcement authority, to give a show cause notice.             Section 167
Power, as an enforcement authority, to give an enforcement notice.           Section 168
Power to consult with a private certifier before giving an enforcement       Section 169
notice.
Power to give notice of the giving or withdrawal of an enforcement notice Section 170
to the chief executive.
Power to bring offence proceedings for an offence against the Act.           Section 174
Power to consent to proceedings being brought on behalf of the Section 175(1)(a)
corporation.

Power, as an enforcement authority, to:-                                     Section 176(10)
   (a) take the action required under the enforcement order; and
   (b) recover the reasonable cost of taking the action as a debt to the
       authority from the defendant.
Power, as an enforcement authority in an offence proceeding, to apply        Section 178(1)(b)
for an order for the payment of the expenses.
Power to the start proceedings in the P&E Court for an enforcement           Section 180
order.




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