APPENDIX V: Additional Matters

Sections 33 and 34 of the RMA provide the opportunity for Environment Waikato to transfer or delegate certain functions, powers or duties to another local authority, Iwi authority, Government department, statutory authority or joint committee (established under s80 of the RMA). Section 33 provides Environment Waikato with the power to transfer its functions, powers and duties under the RMA to any other ‘public authority’. Such a transfer can only be made by Environment Waikato (see s33(4)) if:

1. It has used the special consultative procedure specified in section 716A of the Local Government Act 1974; and
2. Before using that special consultative procedure it serves notice on the Minister of its proposal to transfer the function, power, or duty; and
3. Both authorities agree that the transfer is desirable on all of the following grounds:
1. The authority to which the transfer is made represents the appropriate community of interest relating to the exercise or performance of the function, power or duty:
2. Efficiency:
3. Technical or special capability or expertise.

In any event, Environment Waikato will still retain responsibility for the exercise of the function, power, or duty.

Section 34 establishes the extent to which Environment Waikato may delegate its functions, duties and powers under the RMA to any committee of Council, hearing commissioner(s) or officer of Council. Such a delegation of powers can be made on any terms and conditions Environment Waikato thinks appropriate and can be revoked at any time. Any person who has been delegated a function, power or duty under this section of the RMA, may exercise or perform that responsibility in a similar manner and with the same effect as Environment Waikato could have.

These are mechanisms which would enable the management of certain responsibilities to be undertaken at a local level. This can provide a more efficient service for resource users in the CMA.