Introduction

Ashburton 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 Manual / LocoDelegations is to define and authorise the scope of:

a) the division between governance and management activities

b) Council's delegations of governance activities to Council committees

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

d) the Chief Executive's delegations to Council officers, including the Executive Team1. 

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 Manual/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. Any further delegations by the Chief Executive made following the publication of this website will be recorded in an Appendix of Subsequent Delegations. 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:

  • Building Act 2004
  • Local Government Act 2002 (‘the Act’)
  • Resource Management Act 1991 (RMA)
  • Reserves Act 1977.

 

Philosophy

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.

 

Guidelines 

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 manual are that delegations will:

  • be made to positions, not people,
  • be recorded in the Delegations Manual,
  • have any updates recorded in an Appendix of Subsequent Delegations,
  • 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. 

 

Statutory delegations

Introduction

Local authorities have a wide range of legislative responsibilities. Some of these are general, in that they apply to all organisations in New Zealand. These include the Employment Relations Act 2000, Health and Safety at Work Act 2015 and Goods and Services Tax Act 1985.

However, many statutes contain provisions specific to local government, setting out specific powers and responsibilities. Most of Council’s regulatory powers, along with the rules around their implementation, are contained in statute. These include the Resource Management Act 1991 and Building Act 2004.

The 'Acts' section of LocoDelegations sets out the delegations of these statutory responsibilities to committees, Council officers and external service providers.

Section 145 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. |

The delegation of these powers, duties and functions is also specified in this section of the Delegations Manual.

Sub-delegation

Delegates may sub-delegate these powers as provided for in the Delegations Policy.

Delegations to Council committees

Council standing committees have no delegated authority. These committees make recommendations to Council.

Delegations to the Chief Executive - Legislation and regulations

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.

 


1The Executive Team includes: GM Business Support, GM Compliance & Development, GM Infrastructure & Open Spaces, GM People & Facilities and GM Democracy & Engagement.