The Council’s power, functions and duties are all prescribed either expressly or implied by various Acts and Regulations, with the most significant
being the Local Government Act 2002. Collectively, this legislation sets the framework within which the Council and its staff must operate.

The Council delegates responsibilities to Committees, Community Boards and Officers to assist in the effective and efficient implementation of its
functions, duties and powers. There are three types of delegations:

  1. Statutory – These delegations relate to the positions held by officers where the powers, duties and functions of those positions are
    specifically referenced in legislation. Examples of this include the Chief Executive Officer, Dog Control Officer and Enforcement Officer.
  2. Discretionary Statutory – These delegations relate to the functions, duties and powers of the Council that may be lawfully delegated, and
    the Council chooses to do so. Examples include delegating to a Committee the authority to hear and consider submissions, the authority
    granted to Community Boards to disburse community grants, and the ability of staff to affix the common seal of the Council to documents.
  3. Operational – These delegations are generally made to staff by the Chief Executive to facilitate the efficient and effective operation of
    the organisation. Examples include the authority to purchase goods and services within certain fields as part of approved budgets,
    and the authority to recruit staff.

The Local Government Act 2002 (Clause 32 of Schedule 7) makes provision for the Council to delegate any of its powers, functions and duties to
Committees, Sub- Committees, Community Boards or officers, except the following:

  • 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.

The Local Government Act 2002 (Clause 32 of Schedule 7) permits an officer to sub-delegate to any other officer of the Council one or more of his
or her powers under the Local Government Act except the power to delegate and any power where either the statute prohibits delegation or the
Council prohibits delegation. The Council and the Chief Executive have, through the provisions of this Register, delegated the appropriate powers, 
functions and duties (being discretionary statutory and/or operational delegations) to the most appropriate competent level of decision-making.
This approach is consistent with the provisions of the Local Government Act 2002.

Where the Chief Executive or any other officer receives a discretionary statutory delegation from the Council, that officer may not sub-delegate that
power, duty or function unless specifically authorised to do so by the Council.

Where any operational delegation has been authorised by the Chief Executive, the officer holding that delegation may not sub-delegate that
authority to any other staff member unless authorised by the Chief Executive to do so.

  1. In all cases where an officer has been permitted to sub-delegate an authority:
  2. The Delegations/Warrants Request Template must be filled out, stating the power, duty or discretion being sub-delegated, and any 
    associated conditions or constraints.
  3. Copies are forwarded to the Chief Operating Officer, who will be responsible for updating this Register and the financial management systems.
    A copy is recorded on the delegations file.

Unless there is a statutory or operational impediment, any delegation made to a staff position will also be made implicitly to the manager/supervisor
of that position.

General conditions of delegations to staff

  1. Delegated decisions are a decision of Council and are binding.
  2. In making a decision or carrying out a duty under delegated authority, the delegates must make themselves aware of and have regard to:
    (a) Council’s Long Term Plan and other relevant Council or committee approved plans, policies and strategies
    (b) the political context in which they are working
    (c) any statutory requirements
    (d) possible conflicts of interest
    (e) the materiality of the decision to be made
    (f) short and/or long-term ramifications of the decision/choice to be made
    (g) relative risk to the organisation of the decision/choice to be made
  3. The delegate shall abide by the principles of decision making as set out in the Local Government Act 2002.
  4. Where a decision is politically sensitive, the delegate shall seek input from a higher organisational level, or committee, or the Council,
    whichever is the most appropriate.
  5. Major decisions made under delegated authority must be reported in writing to the Council or relevant committee.
  6. The delegate must act within the law, Council policy (as approved by the Council from time to time) and the Long Term Plan.
  7. The Council notes that position titles change from time to time and hereby records that these delegations are given to the holders of
    positions as they are named at the date of this resolution and to holders of equivalent, albeit re-named, positions in the future.

Financial delegations
The Council uses public funds and it is essential that processes be in place to ensure the effective and transparent management of resources. In
the interests of maintaining transparency, delegations to staff will follow the ‘one up’ process of authorising the purchasing of goods and services
or taking actions that might be perceived as having direct personal benefit to staff. Examples include travel, accommodation, equipment and
food. Where an officer has authority to commit such expenditure, approval to do so will be subject to that officer’s manager.

Statutory authorisations
It is the responsibility of the General or Team Manager to ensure that the warrants held by staff who require them to carry out statutory
delegations and enforcement are current.

In this Register all delegations are from the Council to the Committee, Subcommittee, Sub-ordinated decision making body, Community Board, or
person receiving the delegation unless expressly stated otherwise.

From time to time the Council may delegate authority by resolution to determine a specific issue and this authority will exist only so long as that
matter is unresolved and will then lapse. This is a specific delegation which will not be recorded in this manual