2017-12-12 S&O Agenda - Attachment 1 to Item 7 - Updated Delegations of Authority

                                                                              ATTACHMENT 1


DESCRIPTION OF POWER DELEGATED                                               LEGISLATION
Power to give an infrastructure charges notice. For avoidance of doubt,        Sections 119, 120,
the power delegated includes the power to take all actions and consider        121 and 129
all matters as detailed in sections 119, 120, 121 and 129.
Power, as a local government that gave an infrastructure charges notice, Section 123
to agree with the recipient about:-
a) whether the levied charge may be paid other than as required under
    section 122, including whether it may be paid by instalments; and/or
b) whether infrastructure may be provided instead of paying all or part of
    the levied charge.
Power, as a local government, to consider representations made on an Section 125
infrastructure charges notice and, issue a negotiated notice or give a
decision notice.
Power, as a local government with a LGIP that identifies adequate trunk Section 128(1)
infrastructure to service the subject premises, to impose a development
condition requiring either or both of the following to be provided at a stated
time:
a) the identified infrastructure; and/or
b) different trunk infrastructure delivering the same desired standard of
    service.
Power, as a local government with a LGIP that does not identify adequate Section 128(2)
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 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 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, 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 for Section 178(1)(b)
an order for the payment of the expenses.


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