Resolution of matters relating to powers and duties of public authorities
272 Resolution of matters relating to powers and duties of public authorities
In this section —
matter includes a question, difference or dispute;
responsible Minister, in relation to a public authority, means —
if the public authority is a Minister of the State — that Minister; or
if the public authority is an agency or an organisation as defined in the Public Sector Management Act 1994 section 3(1) — the Minister responsible for the administration of that agency or organisation; or
if the public authority is a local government or a regional local government — the Minister responsible for the administration of the Local Government Act 1995; or
in any other case — the Minister responsible for the administration of the written law under which the public authority, or the office held by the public authority, is established or continued.
If, in the operation of this Act, a matter arises, or may arise, with respect to the exercise of any right, power or authority of, or the discharge of any duty by, a public authority under this Act or another written law, then the responsible Minister and the Minister may consult on the matter.
If the Ministers reach agreement on the matter after consultation under subsection (2), the Ministers must give such directions as result from the agreement, and effect must be given to those directions.
If no consultation under subsection (2) is concluded or the Ministers cannot reach agreement on the matter, the matter may be finally and conclusively determined by the Governor, and effect must be given to the determination.
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