What is a delegation?
A delegation means the assignment of a Council power, responsibility or duty of action to another party, eg. 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.
What is the purpose of the Delegations Manual / LocoDelegations?
The Delegations Manual makes the distinction between governance and management activities for the effective operation of Council
The Delegations Manual also provides for specific delegations relating to finance, regulatory functions and statutory responsibilities devolved to Council through legislation
Is it compulsory for Council to have a Delegations Manual / LocoDelegations?
There's no legal requirement for a Manual, but individual delegations are required. Capturing these in a manual provides greater transparency and accountability and is a key risk management tool for Council in terms of ensuring legislative compliance.
How often are the delegations reviewed?
Usually at least once in a triennium. Minor changes may be made throughout the term through a report to Council.
What powers can Council NOT delegate?
Council cannot delegate any power which is required by law to require a resolution of Council, including under Schedule 7 Clause 32 of the Local Government Act 2002.
Council cannot delegate the power to:
- set rates;
- adopt bylaws;
- borrow money, purchase or dispose of assets, outside of the Long-Term Plan;
- adopt a Long-Term Plan, Annual Plan, or Annual Report;
- appoint the Chief Executive;
- adopt policies with consultation requirements prescribed by the Local Government Act 2002 including those associated with the Long-Term Plan;
- approve, adopt, and set operative dates for changes and/or variations to resource management plans and policies under the Resource Management Act 1991;
- approve and adopt the District Plan and Notices of Requirement;
- adopt a remuneration or employment policy;
- make a final decision following an Ombudsman's recommendation that rejects or modifies that recommendation;
- appoint or discharge the Deputy mayor;
- approve or amend Council's Standing Orders;
- approve or amend the Code of Conduct for elected members;
- establish and determine the structure, terms of reference, and delegated authorities of committees;
- appoint and discharge members of committees; and
- establish a joint committee with another local authority or public body.
What responsibilities does the Chief Executive have?
The Chief Executive is responsible to the elected Council for:
- implementing the decisions of the local authority;
- providing advice to members of the local authority and to its community boards, if any;
- ensuring that all responsibilities, duties, and powers delegated to him or her or to any person employed by the local authority, or imposed or conferred by an Act, regulation, or bylaw, are properly performed or exercised;
- ensuring the effective and efficient management of the activities of the local authority;
- maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority;
- providing leadership for the staff of the local authority;
- employing, on behalf of the local authority, the staff of the local authority (in accordance with any remuneration and employment policy); and
- negotiating the terms of employment of the staff of the local authority (in accordance with any remuneration and employment policy).