2019-02-12 Attachment 3 to Item 5 - Delegations No Changes

DESCRIPTION OF POWER DELEGATED                                                        LEGISLATION

Power to give access to a document that contains information the disclosure of Section 37 (1)
which may reasonably be expected to be of concern to a government, agency or
person (the relevant third party) only if Council has taken steps that are
reasonably practicable—
   (a) to obtain the views of the relevant third party about whether—
       (i) the document is a document to which this Act does not apply; or
      (ii) the information is exempt information or contrary to public interest
           information; and
   (b) to inform the relevant third party that if access is given to the document
        because of an access application, access may also be given to the
        document under a disclosure log.
Power to decide that:                                                            Section
   (a) a document to which section 37(1) applies is a document to which the Act 37(3)(b)
       does not apply; or
   (b) information in a document referred to in (a) is not exempt information or
       contrary to public interest information
Power to transfer the application to another agency if—                             Section 38(2)
   (a) the document to which the application relates is not in Council’s possession
       but is, to Council’s knowledge, in the other agency’s possession; and
   (b) the other agency consents to the transfer.
Power to deal with an access application even if this Act provides that the Council Section 39(3)
may refuse to deal with the application.
Power to refuse to deal with the access application without having identified any or Section 40
all of the documents if—
     (a) an access application is expressed to relate to all documents, or to all
         documents of a stated class, that contain information of a stated kind or
         relate to a stated subject matter; and
     (b) it appears to Council that all of the documents to which the application
         relates are comprised of exempt information.
Power to refuse to deal with an access application or, if Council is considering 2 or Section 41(1)
more access applications by the applicant, all the applications, if Council considers
the work involved in dealing with the application or all the applications would, if
carried out, substantially and unreasonably divert the resources of the Council from
their use by Council in the performance of its functions, provided that the conditions
set out in section 42(1) have been complied with.


Power to make an agreement with an applicant to extend the prescribed Section
consultation period.                                                  42(6)(b)
Power to refuse to deal with the later application to the extent it is for access to a Section 43(3)
document or documents sought under the first application if—
   (a) when the later application was made, Council had not decided the first
        application; or
   (b) in relation to the first application, if made under this Act—
       (i) the applicant had been given notice under section 54 that access was to
           be given to the document sought or to some or all of the documents
           sought; or
      (ii) Council had decided that the application was for a document to which
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