I thought it might be important for dealing with the Rotorua District Council to find out precisely what the Council is… so I asked. It took a few weeks to get a considered response.
My email below refers. Kathy confirmed that Council is a territorial authority. Below, please find an explanation.
Territorial authorities of New Zealand
Territorial authorities are the second tier of local government in New Zealand, below regional councils. There are 67 territorial authorities: 13 city councils, 53 district councils, and the Chatham Islands Council. Six territorial authorities (Auckland Council, Nelson City Council, Gisborne, Tasman, and Marlborough District Councils and the Chatham Islands Council) also perform the functions of a regional council and thus are known as unitary authorities. Territorial authority districts are not subdivisions of regions, and some of them fall within more than one region. Taupo District has the distinction of straddling the boundaries of four different regions (see below). Regional council areas are based on water catchment areas, whereas territorial authorities are based on community of interest and road access. Regional councils are responsible for the administration of many environmental and public transport matters, while the territorial authorities administer local roading and reserves, sewerage, building consents, the land use and subdivision aspects of resource management, and other local matters. Some activities are delegated to council-controlled organisations.
I trust the above information answers your question.
Their considered response was the same as their unconsidered response – which I’d already explained couldn’t be correct. Try again…
Thanks for that but it doesn’t answer the question I asked.
The Local Government Act 2002 states: -
territorial authority means a city council or a district council named in Part 2 of Schedule 2
The Rotorua District Council must have existed prior to the existence of territorial authorities.
Territorial Authority is a title/role that has been given to the Council. This doesn’t tell me what type of organisation the Council is.
The type of organisation that the Council is should be defined by its establishment.
When was the Council established and which Act was it established under?
And their response…
I will investigate further and get back to you.
Can you please investigate these related questions at the same time.
1. Do the Rotorua District Council and Council employees have a fiduciary duty to Rotorua property owners?
2. If not, what duty do the Rotorua District Council and Council employees have to Rotorua property owners?
I asked these questions in June 2011 and the following is a summary of Council’s response at the time…
I re-asked these questions in July 2011 and Council has not responded.
I’ll post Council’s responses if I get any.
** Related blogpost from 2011 – Something stinks in Rotorua.