Delegations - What's it all about?

1.1. Introduction

This register sets out Council’s delegations to the Chief Executive and sub-delegations to other staff. The purpose of the delegation is to make decision-making more efficient. Under legislation, Council has a number of responsibilities. It would be inefficient for the elected Council to make all of these decisions so where appropriate, Council delegates some of these powers to the Chief Executive and other staff.

1.2. The Legal Basis

Council’s authority to delegate to officers derives from Schedule 7 Clause 32 of the Local Government Act 2002. The matters that it cannot delegate are contained in Clause 32:

“Unless expressly provided otherwise in this Act, or in any other Act, for the purposes of efficiency and effectiveness in the conduct of the local authority’s business, a local authority may delegate to a committee or other subordinate decision‑making body, community board, or member or officer of the local authority any of its responsibilities, duties, or powers except:

The power to make a rate
The power to make a bylaw
The power to borrow money, or purchase or dispose of assets, other than in accordance with the Long Term Plan
The power to adopt a Long Term Plan, Annual Plan, or Annual Report
The power to appoint a Chief Executive
The power to adopt policies required to be adopted and consulted on under this Act in association with the Long Term Plan or developed for the purpose of the local governance statement

Delegation does not relieve Council, any member, or officer from the liability or legal responsibility to perform or ensure performance of any function or duty."

It is important to note that, if there are no restrictions imposed on how a delegation is to be exercised, the delegate directly takes the place of the Council in relation to that delegation, with the same powers, authority and responsibility that Council would have had.

1.3. Philosophy

Wherever possible, delegations to staff have been made on a wide basis to promote the most effective and efficient implementation and delivery of Council’s policies and objectives.

1.4. Principles and procedures

All sub-delegations that have been made by the Chief Executive are entirely at the discretion of the Chief Executive and can be revoked, suspended or modified in writing by the Chief Executive at any time.

Any other employee who is empowered to make a sub-delegation can revoke, suspend or modify in writing any delegation they have made at any time.

Those delegations which have been made by Council directly to Council staff other than the Chief Executive are the result of specific legal requirements.

All delegations must be exercised in accordance with and when taking action under delegated authority, the delegate must make themselves aware of and have regard to:

Any relevant Council Policy
The extent of the authority delegated to them
Any binding statutory authority.

(Explanatory Note: Where a sub-delegation is to be exercised by any one of two or more specified sub-delegates this will be shown as Sub-delegate/Sub-delegate. Where a sub-delegation is to be exercised jointly by two or more specified delegates acting together, this will be shown as Sub-delegate and Sub-delegate.)

Where Council has delegated a function or power, it cannot itself amend or reverse the actions or decision of any delegate unless the delegate consents to it. If Council wishes to exercise a particular function or power instead of the delegate, Council must revoke or suspend the delegation in respect of that function or power. For example, Council as a whole may decide that it wishes to hear, deliberate and decide on a particular matter, which a Committee would otherwise deal with under delegation. Council should revoke the delegation to the Committee in respect of the hearing of that particular matter, before itself hearing the matter.

Except in those cases where statute or regulation provides otherwise, any person affected by the decision of a delegate may appeal that decision:

In the case of a decision by an officer, to the Chief Executive.
In the case of a decision made by the Chief Executive, to a Committee or sub- committee of the Council.
Subject only to the ultimate power of Council to interpret its own delegations, the Chief Executive shall be the principal adviser on the extent and nature of the delegated authority granted under this register.

1.5. Definition of delegation

Delegation is the transfer of a duty or power to act on behalf of another, including the authority that the person or body making the decision would themselves have had in carrying out that duty or exercising that power.

For the purposes of administrative efficiency and expediency in the conducting of its day to day business, the Council delegates certain statutory duties, responsibilities and powers to its standing committees, sub-committees, elected members and staff. Delegations avoid administrative delays and inefficiencies that might otherwise occur if all matters had to be referred to Council or the Chief Executive every time a decision needed to be made.

1.6. Definitions

Council means the Council in a meeting convened under the Local Government Act 2002.

Committee delegate means a Council committee or sub-committee holding a delegated authority from Council (committee) or from a committee (sub-committee).

Delegate depending on the context, means either:

a natural person holding a delegated authority from Council by virtue of the position they hold as an employee or appointed officer of Council; or
the act of making a delegation. Where a delegation is to the holder of a particular position as a Council employee, delegate includes any other Council employee appointed from time to time in an acting capacity in respect of that position.

Sub-delegate depending on the context, means either:

a natural person holding an approved sub delegation from a delegate by virtue of the position they hold as an employee or appointed officer of Council; or
the act of making a sub-delegation. Where a sub-delegation is to the holder of a particular position as a Council employee, sub-delegate includes any other Council employee appointed from time to time in an acting capacity in respect of that position.