2022-02-08 - S&O Agenda - Item 1 - ATTACHMENT 3 - 2021 DELEGATIONS OF AUTHORITY ANNUAL REVIEW REPORT

DELEGATION OF AUTHORITY
TITLE:          PLANNING AND ENVIRONMENT COURT

Delegation by the Council to:                                           Date:
Chief Executive Officer

Source of Authority:
Local Government Act 2009 - Section 257
Planning and Environment Court Act 2016

Delegated Power:

  1. To exercise the powers of Council pursuant to the Planning and Environment Court Act
     2016.

DESCRIPTION OF POWER DELEGATED                                                      LEGISTATION

Power to start a declaratory proceeding.                                            Section 11(1)
Power, as the assessment manager, to start a declaratory proceeding for a           Section 12(2)
matter done, to be done or that should have been done in relation to the call in.
Power, as a party to a P&E Court proceeding, to participate in an ADR process.      Section 16
Power, as a party, to confer with the ADR registrar about the way to conduct the    Section 16(3)
P&E Court proceeding.
Power, as a party to a P&E Court proceeding, to agree to the resolution of all or   Section 18(1)
part of the dispute in an ADR process.
Power, as a party to a P&E Court proceeding who has agreed on resolution of         Section 18(1)
the dispute, to sign the resolution agreement.
Power, as a party to a P&E Court proceeding, to apply to the P&E Court for an       Section 20(1)
order giving effect to an agreement reached as a result of an ADR process.
Power, as a party to a P&E Court proceeding, to agree to the ADR registrar or       Section 21(2)(a)
mediator disclosing information acquired as part of the ADR process.
Power, as a party to a P&E Court proceeding for which the ADR registrar is          Section 26(2)
exercising, or has exercised, a power, to apply for a court review.
Power, as a party to a P&E Court proceeding, to consent in writing to the ADR       Section 27(1)(a)
registrar making an order or direction in the proceeding.
Power to consent to a person starting a declaratory proceeding or a proceeding      Section 41(2)(a)
for an enforcement order under the Planning Act on behalf of Council.
Power to pay the expenses, including legal costs, incurred by the representative    Section 41(3)
in relation to the proceeding.
Power, as a party to a P&E Court proceeding, to appeal a decision in the            Section 63(1)
proceeding.
Power to apply to the Court of Appeal for leave to appeal.                          Section 64(1)
Power to file and serve a Notice of Appeal following the granting of leave by       Section 64(2)
the Court of Appeal.

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