Preamble

This Register contains the delegations made by the Council to the Chief Executive and to other specified officers of the Council's responsibilities, duties, and powers, in various Acts, Regulations, and Bylaws (including many powers that come within the general power of competence in section 12(2) of the Local Government Act 2002 (LGA)). It also captures the Chief Executive’s subdelegation of some of these responsibilities, duties, and powers to specified officers, and the Chief Executive’s delegation of his own statutory powers, responsibilities, and duties to officers. This Register does not address powers or duties that are conferred directly on an officer under an Act, Regulation, or Bylaw, by virtue of the statutory position that the officer holds or has been appointed to (e.g. as a Parking Warden). These powers and duties are set out in the relevant Act, Regulation, or Bylaw (e.g. for Parking Wardens, in the Land Transport Act 1998), and may also be referenced in any warrant issued to an appointed officer.

The Local Government Act 2002 states the purpose of local government is “to enable democratic local decision-making and action by, and on behalf of, communities; and to promote the social, economic, environmental, and cultural well-being of communities in the present and for the future. (Section 10 LGA).

This Delegations Register assists Council to meet this purpose in accordance with the legal principles set out in sections 14 and 39 LGA.

Written delegations ensure that decision-making processes are effective, open and transparent and assists in the better achievement of the respective functions of elected members and officers.

 

General Matters of Delegation

The Meaning of Delegation

Delegation in this Register means the assignment of a Council power, responsibility or duty of action to another party, e.g. a committee, member, the Chief Executive or another officer. This gives the other party (called the delegate) the authority to carry out that power, responsibility, or duty, although responsibility for the outcome ultimately rests with both the delegate and the Council.

 

Delegation by Exception

The Council has adopted the principle of delegation to the lowest competent level. This means that all the powers of the Council are delegated to Committees, Subcommittees, members as Portfolios holders, Community Boards, the Chief Executive, or officers, unless a matter is specifically reserved to the Council.

 

Term of Delegation

Unless any delegation is stated to be for a defined term, it will continue until revoked by the Council or withdrawn by operation of law.

 

Delegation to Office

Unless stated otherwise, every delegation in this Register is to the Chief Executive or other specified officer and will be unaffected by changes in the personnel holding the office of the Chief Executive or other positions.

 

Council’s delegations to the Chief Executive 

The Chief Executive is the head of the Council's staff appointed under section 42(1) and clauses 33 and 34 of schedule 7 of the Local Government Act 2002.  It is intended that delegations shall provide the Chief Executive with all the authority necessary or incidental to carry out that position as defined in the position description and performance objectives for that position and in this register.  

In order to fulfil these responsibilities, the Council delegates to the Chief Executive all of the Council’s powers, functions, responsibilities, and duties that are necessary for the management of the Council's activities and the implementation of Council policy, with the exception of the following. 

The following Council responsibilities, powers, and duties, are not delegated to the Chief Executive:

  • those reserved to the Council;
  • any others reserved to the Council, committees, subcommittees or community boards under the Delegations; and
  • those that must be exercised “by resolution”.

 

Resource Management Act 1991

The Chief Executive has been delegated authority to decide upon the Resource Management Act 1991.  

The Chief Executive has no authority to sub-delegate his authority as this is expressly prohibited by Section 34A (1) (b) of the Resource Management Act 1991.

 

Delegation of financial authority to Chief Executive

Without limiting the general delegation above, the Council delegates to the Chief Executive authority to:

  • Enter into financial commitments up to any sum within approved budgets; 
  • Expend depreciation reserves accumulated for the replacement of assets for the renewal of those assets, when required, to maintain the service level described in the Long Term Plan. 
  • Waive any fee or charge up to $5,000, provided that the waiver can be funded from approved budgets;
  • Authorise expenditure of development contributions for minor capital improvements and professional advice consistent with asset management plans and Council’s Development Contributions policy, up to a maximum of $50,000 for any capital work and a maximum of $10,000 for any professional advice in relation to development contributions. 

 

Employment of Staff

Under section 42(2)(g) and (h), and clause 36 of Schedule 7, of the Local Government Act 2002 the Chief Executive is responsible to the Council for employing the staff of the Council and negotiating their terms of employment.  In exercising these powers, this delegated authority the Chief Executive must comply with:

  • Statutory requirements
  • Good employer obligations under Clause 36 of Schedule 7 
  • Any remuneration and/or employment policy(s) adopted by the Council
  • Budget limitations.

 

Contracts, Leases, Tenders, Purchasing, Sale of Assets and Services (excluding Real Property)

Without limiting the general delegation above, the Council delegates to the Chief Executive the powers to accept, negotiate or decline contracts, leases, tenders, purchasing agreements or any other arrangements for:

  • the engagement of consultants or advisers;
  • the supply of goods, services, plant, capital items or other assets (excluding real property) to the Council;
  • the provision of services by the Council and the sale, leasing or disposal of goods, plant, capital items (excluding real property) or other assets owned by the Council; and
  • the settlement of claims for compensation;

In exercising the authority delegated, the Chief Executive must comply with:

  • any relevant statutory requirements
  • any policies adopted by the Council affecting the matters above
  • budget requirements;
  • agreed concept plans and implementation parameters for any physical works presented at the time of budget approval; 
  • the obligation to report decisions;
  • the conditions set out below.

 

Best Method to be Used 

At all times the Chief Executive will employ methods which provides the best value to the community, having regard to budget constraints.

The Chief Executive or any other officer must comply with Council’s Procurement policy and rules. 

The Procurement Policy and Rules specified will be reviewed by the Council at least every three years.

The Chief Executive must apply the NZTA approved Council’s Procurement Strategy for all Council subsidised roading works and services.

 

Contracts, Leases, Tenders, Purchase and Sale of Real Property 

The Chief Executive may accept, negotiate or decline contracts, leases, tenders, purchasing agreements or any other arrangements for the purchase of real property, provided that the transaction is:

  • Funded in the Long Term Plan/Annual Plan;
  • Consistent with Council Procurement policy and rules; 
  • Consistent with relevant Council policies;
  • Where inconsistent with Policy, Council or Committee resolution is sought.

 

The Chief Executive may accept, negotiate or decline contracts, leases, tenders, purchasing agreements or any other arrangements for the sale of real property, provided that the transaction:

  •  Relates to a property scheduled by Council for disposal;
  •  Is consistent with Council policy;
  •  Complies with any relevant statutory requirements, including sections 140 and 141 of the Local Government Act 2002;

Where inconsistent with Policy, Council or Committee, resolution is sought.

 

Liability Management and Investment

The Chief Executive may borrow funds and invest to best advantage the surplus funds of the Council in accordance with the Annual Plan and the Liability Management and Investment policies.

 

Power to issue warrants to Enforcement Officers

The Chief Executive, under Clause 32A Schedule 7 of the Local Government Act 2002, has the power to grant warrants to officers of Council under any of the legislation that provides for warrants to be issued to officers, subject to either a New Zealand Ministry of Justice Criminal Conviction Check or a Police vet.  

 

Sub-delegation by the Chief Executive

The Chief Executive may, under clause 32B Schedule 7 of the Local Government Act 2002 or other relevant statutory authority, sub-delegate to officers any of the Council responsibilities, powers, and duties that have been delegated to the Chief Executive (subject to any conditions imposed by the Council) except where this is prohibited by statute (e.g. section 132 Local Government (Rating) Act 2002, section 34A Resource Management Act 1991).