PART 11GENERAL POWERS OF COUNCILS
83Limits on power conferred by section 82(1)
1
The Department may not make provision under section 82(1) unless the Department considers that the conditions in subsection (2), where relevant, are satisfied in relation to that provision.
2
Those conditions are that—
a
the effect of the provision is proportionate to the policy objective intended to be secured by the provision;
b
the provision, taken as a whole, strikes a fair balance between the public interest and the interests of any person adversely affected by it;
c
the provision does not remove any necessary protection;
d
the provision does not prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise;
e
the provision is not of constitutional significance.
3
An order under section 82(1) may not make provision for the delegation or transfer of any function of legislating.
4
For the purposes of subsection (3) a “function of legislating” is a function of legislating by order, rules, regulations or other subordinate instrument.