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Introduction

Waikato District Council (Council) relies on a clear distinction between governance and management activities for effective operation.

Council is comprised of:

  • elected members, who have overall responsibility for Council decisions and activities
  • the Chief Executive, who is the sole employee of the elected members, and
  • Council officers, who are employed by the Chief Executive.

Governance activities are the remit of elected members. Management activities are the remit of the Chief Executive, which include the provision of policy advice, as well as implementing the governance decisions made by elected members.

In order for a Council to operate efficiently and effectively, the Chief Executive delegates provision of policy advice and decision implementation to Council officers.

 

Purpose

The purpose of the Delegations Register/LocoDelegations is to define and authorise the scope of:

a) the division between governance and management activities

b) Council's delegations of management activities to the Chief Executive

c) the Chief Executive's delegations to Council officers, including the Executive Leadership Team1

d) the Executive Leadership Team members delegations to their direct reports

Other aspects of Council’s work programme can be delegated by Council resolution. This includes the work programme detailed in the Long-Term Plan and Annual Plan. Separate delegations are not required for Council officers to undertake any work included in these documents, which are adopted by Council.

The Delegations Register/LocoDelegations also provides for specific delegations relating to finance, regulatory functions and specific statutory responsibilities devolved to Council through legislation.

 

Delegations to the Chief Executive

Council may delegate any function to the Chief Executive, except those expressly precluded by legislation.

The Chief Executive has delegated authority for all powers, duties and responsibilities conferred by statute and regulation. This authority specifically excludes the power to adopt plans, strategies, policies or bylaws.

 The Chief Executive may appoint an Executive Team1 member to assume delegated authority in the event of planned or unplanned leave, absence or unavailability.

 

Temporary delegations

Council officers who are charged with increased duties in a temporary capacity also receive the delegated powers, duties and responsibilities relevant to the position in which they are acting.

Delegations' philosophy

Delegations are ‘the assignment of a duty or power of action to another, together with the authority to carry out that duty or complete the action assigned with responsibility for the outcome.’

The powers, functions and duties of Council are prescribed by central government either expressly or implicitly by statute and associated regulations. The legislative framework imparts various different powers, functions and duties to the elected Council, the Chief Executive and to specific Council officers.

Primary statutes that impact Council include but are not limited to:

Core Local Government Framework

  1.  Local Government Act 2002
  2.  Local Government (Rating) Act 2002
  3.  Local Electoral Act 2001
  4.  Local Government Official Information and meetings Act 1987
  5.  Local Government Act 1974

Planning, Land Use and Building

  1.  Resource Management Act 1991
  2.  Building Act 2004

Infrastructure, Environment and Services

  1.  Land Transport Management Act 2003
  2.  Waste Minimisation Act 2008
  3.  Civil Defence Emergency Management Act 2002

Community Facilities and Regulatory functions

  1.  Reserves Act 1977
  2.  Sale and Supply of Alcohol Act 2012
  3.  Dog Control Act 1996

Bylaws

S145 of the Local Government Act 2002 empowers Council to develop bylaws. The purpose of any bylaw must be one or more of the following:

  • protect the public from nuisance.
  • protect, promote and maintain public health and safety; and
  • minimise the potential for offensive behaviour in public places.

Bylaw development and adoption cannot be delegated, although the powers created by bylaws and their enforcement of bylaws can be.

Relevant Bylaws

  • Alcohol Control Bylaw 2020
  • Cemetries Bylaw 2023
  • Dog Control Bylaw 2022
  • Freedom Camping Bylaw 2023
  • Keeping of Animals Bylaw 2024
  • Livestock Movement Bylaw 2022
  • Livestock Movement Bylaw 2022 - Schedule of roads
  • Public Places Bylaw 2023
  • Speed Limit Bylaw 2011
  • Stormwater Bylaw 2021
  • Trade Waste and Wastewater Bylaw 2023
  • Traffic Bylaw 2023
  • Water Supply Bylaw 2023

In the interests of good management and effective administration, Council believes that decision-making should be delegated to the lowest competent level. This will enable the best use of elected member and Council officer abilities and minimise the cost of material, technical and financial resources.

Authority and responsibility are inseparable. Those with the responsibility for a task or function should always have the authority to carry it out effectively. Those with authority should always be responsible for its wise use.

Delegations do not remove ultimate accountability of elected members, the Chief Executive and the Executive Team for the affairs of Council.

Key Principles: In making decisions about delegated authority, Council and the Chief Executive will balance the following, to enable Council to:

  • operate efficiently and effectively,
  • concentrate on its policy making role, empowering the Chief Executive and Council officers to implement and administer those policies,
  • carry out Council functions openly and fairly,
  • provide delegates with the necessary authority to effectively carry out delegated responsibilities, and
  • properly observe all statutory requirements.

Other principles observed in the development of the Delegations Register are that delegations will:

  • be made to positions, not people,
  • be recorded in the WDC LocoDelegations instance,
  • have any updates recorded in ECM
  • prevent decisions made under delegated authority from being subsequently overturned by Council, and
  • be reviewed and amended as required, including a review at the beginning of each new term of Council. 
  • Unless there is a statutory or operational impediment, any delegation made to a staff position will also be made implicitly to the team leader
    of that position.

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 team leader/manager.

Statutory authorisations

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

    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 WDC LocoDelegations instance.