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The Local Government Act 1995 (the Act) allows for a local government to delegate to the Chief Executive Officer the exercise of any of its powers or the discharge of any of its duties under the Act. All delegations made by the Council must be by absolute majority decision. The following are decisions that cannot be delegated to the Chief Executive Officer:
- any power or duty that requires a decision of an absolute majority or 75% majority of the local government
- accepting a tender which exceeds an amount determined by the local government
- appointing an auditor
- acquiring or disposing of any property valued at an amount determined by the local government
- any of the local government’s powers under Sections 5.98, 5.99 and 5.100 of the Act
- borrowing money on behalf of the local government
- hearing or determining an objection of a kind referred to in Section 9.5
- any power or duty that requires the approval of the Minister or Governor
- such other duties or powers that may be prescribed by the Act.
The Act allows for the Chief Executive Officer to delegate any of his powers to another employee, this must be done in writing. The Act allows for the Chief Executive Officer to place conditions on any delegations if he desires.
A register of delegations, being this manual, relevant to the Chief Executive Officer and other employees is to be kept and reviewed at least once every financial year.
If a person is exercising a power or duty that they have been delegated, the Act requires them to keep necessary records to the exercise of the power or discharge of the duty. The written record is to contain:
- how the person exercised the power or discharged the duty
- when the person exercised the power or discharged the duty and
- the persons or classes of persons, other than council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
The aim of the delegated authority manual is to assist with improving the time taken to make decisions within the constraints allowed by the relevant legislation. This is consistent with the City’s commitment to a strong customer service focus.
The manual details the related document(s) where the power to delegate is derived from, which includes legislation and policies of the Council. This enables easier cross-referencing.
This delegated authority manual will be reviewed in accordance with the Act on an annual basis.