5.    Governance Structure

5.2   Delegated Authority

An important part of Councils governance structure is the delegation of authority; this is to allow for the effective and efficient conduct of Council business.  Clause 32 of Schedule 7 to the Local Government Act 2002 is the primary legislative authority that empowers Council to make delegations.  From time to time Council will delegate authority to committees, sub-committees and to Council staff as it decides is appropriate.

Council has adopted a Delegation Policy and Delegation Register. The objectives of this Policy are twofold - to provide a framework which:

• provides for the delegation of powers to create efficient and effective decision-making within Council;
• allows Council to concentrate on the delegations (or the decision not to delegate matters) of greatest magnitude and risk.

The above objectives will enable Council to consistently determine all delegations that it makes.

Some principles of delegation are that the delegator:

• does not part with the function, duty or power being delegated. This means that the delegator retains the ability to exercise the responsibility, power or duty that has been delegated;
• retains ultimate accountability even though the delegate may have immediate responsibility;
• retains an obligation to monitor the performance of the delegate;
• may withdraw or suspended the delegation at any time up until, but not after, any decision is made or power is exercised under the delegation;
• may (or may not) include the powers of sub-delegation within the delegation; and
• should delegate authority to “the lowest competent level”, this means by the lowest position within the Council hierarchy that has adequate skills to undertake the delegated powers, duties or responsibilities.

Council is not permitted to delegate authority in certain instances. In general terms, Council may delegate any of its 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; and
• the power to adopt a remuneration and employment policy.