sec.9Local government to administer Act

### sec.9 Local government to administer Act The administration and enforcement of this Act is a function of local government for each local government’s local government area. To remove doubt, it is declared that a local government may do either or both of the following— make a resolution or local law that is not inconsistent with this Act about the fees payable to it for providing a service or taking action under this Act; make a local law that is not inconsistent with this Act about any matter dealt with by this Act for which it is necessary or convenient to make provision for carrying out or giving effect to the matter. A resolution or local law under subsection (2) (a) may only prescribe a fee for providing a service or taking action that— is not more than the cost to the local government of providing the service or taking the action for which the fee is charged; and if a fee is prescribed under a regulation for providing the service or taking the action, is not more than the fee prescribed. Subsection (5) applies if— the chief executive is satisfied a local government has failed to do anything in the administration or enforcement of this Act; or a local government and the chief executive agree that the chief executive do anything in the administration or enforcement of this Act. The chief executive may do the thing and, if subsection (4) (a) applies, the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State. Without limiting subsections (4) and (5) , the chief executive may perform the functions and exercise the powers of a local government including appointing the following to be authorised persons for this Act— a public service employee in the department; a health service employee under the Hospital and Health Boards Act 2011 . An appointment under subsection (6) may be made before or after a failure under subsection (4) (a) or an agreement under subsection (4) (b) . s 9 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47 ) (sec.9-ssec.1) The administration and enforcement of this Act is a function of local government for each local government’s local government area. (sec.9-ssec.2) To remove doubt, it is declared that a local government may do either or both of the following— make a resolution or local law that is not inconsistent with this Act about the fees payable to it for providing a service or taking action under this Act; make a local law that is not inconsistent with this Act about any matter dealt with by this Act for which it is necessary or convenient to make provision for carrying out or giving effect to the matter. (sec.9-ssec.3) A resolution or local law under subsection (2) (a) may only prescribe a fee for providing a service or taking action that— is not more than the cost to the local government of providing the service or taking the action for which the fee is charged; and if a fee is prescribed under a regulation for providing the service or taking the action, is not more than the fee prescribed. (sec.9-ssec.4) Subsection (5) applies if— the chief executive is satisfied a local government has failed to do anything in the administration or enforcement of this Act; or a local government and the chief executive agree that the chief executive do anything in the administration or enforcement of this Act. (sec.9-ssec.5) The chief executive may do the thing and, if subsection (4) (a) applies, the reasonable costs and expenses incurred by the chief executive are a debt payable by the local government to the State. (sec.9-ssec.6) Without limiting subsections (4) and (5) , the chief executive may perform the functions and exercise the powers of a local government including appointing the following to be authorised persons for this Act— a public service employee in the department; a health service employee under the Hospital and Health Boards Act 2011 . (sec.9-ssec.7) An appointment under subsection (6) may be made before or after a failure under subsection (4) (a) or an agreement under subsection (4) (b) . - (a) make a resolution or local law that is not inconsistent with this Act about the fees payable to it for providing a service or taking action under this Act; - (b) make a local law that is not inconsistent with this Act about any matter dealt with by this Act for which it is necessary or convenient to make provision for carrying out or giving effect to the matter. - (a) is not more than the cost to the local government of providing the service or taking the action for which the fee is charged; and - (b) if a fee is prescribed under a regulation for providing the service or taking the action, is not more than the fee prescribed. - (a) the chief executive is satisfied a local government has failed to do anything in the administration or enforcement of this Act; or - (b) a local government and the chief executive agree that the chief executive do anything in the administration or enforcement of this Act. - (a) a public service employee in the department; - (b) a health service employee under the Hospital and Health Boards Act 2011 .