Governance Manual

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9.3 Footnotes

 

9.1.1 Appointment and Tenure

[1] Local Government Act 2002 s 42.

[2]Local Government Act 2002 Sch 7, cl 32(1)(e).

[3] Local Government Act 2002 Sch 7, cl 33.

[4] Local Government Act 2002 Sch 7, cl 34(1).

[5] Local Government Act 2002 Sch 7, cl 34(4).

[6] Local Government Act 2002 Sch 7, cl 35(1).

[7] Local Government Act 2002 Sch 7, cl 35(4).

[8] The Governing Body committee structure and the terms of reference for each committee are determined by the Mayor (see [Section 4.2(a)(iv))]) and are, therefore, subject to change.

[9] Local Government Act 2002 Sch 7, cl 35(2).

[10] Local Government Act 2002 Sch 7, cl 34(5).

[11] Local Government Act 2002 Sch 7, cl 34(6).

[12] Local Government Act 2002 Sch 7, cl 34(7).

 

9.1.2 Roles and responsibilities  

[1] Local Government Act 2002 s 42(4).

[2] Local Government Act 2002 s 42.

[3] Local Government Act 2002 s 42(2)(a) and (2A)(a).

[4] See [section 5.2(c)] regarding the allocation of decision-making responsibilities between the governing body and local boards.

[5] Local Government Act 2002 s 42(2)(b) and (2A)(c).

[6] See [section 8.3(b)] regarding the relationship between council staff and elected members.

[7] Local Government Act 2002 s 42(2A)(b).

[8] Local Government Act 2002 s 42(2A)(d).

[9] This is subject to change.

[10] Local Government Act 2002 s 42(2)(c).

[11] Local Government Act 2002 s 42(2)(d).

[12] Local Government Act 2002 s 42(2)(e).

[13] Local Government Act 2002 s 42(3).

[14] Local Government Act 2002 s 39(c).

[15] Local Government Act 2002 s 42(2)(g) and (h).

[16] Local Government Act 2002 s 42(2)(f).

[17] Local Government Act 2002 Sch 7, cl 33(b) and (e).

[18] Including compensation certificates (s 19), requests for proclamation (s 26), requests to the Minister to set aside land for another local work (s 52), and certificates and notices of discharge (s 115).

[19] PWA s 109.

[20] Local Government Act 2002 Sch 7, cl 32B(1).  Also see [Section 9.4] on delegations. The exceptions include powers delegated to the chief executive under the Resource Management Act or the Local Government (Rating) Act which cannot be sub-delegated.

 

9.1.3 Delegation of powers and responsibilities from governing body to chief executive

[1] See [section 9.4] on delegations generally, and [section 5] and [section 6] on the functions and responsibilities of the governing body and local boards that cannot be delegated.  The exceptions to the chief executive’s general delegation are set out in the Chief Executive’s Delegation Register.

[2] Where the power was originally delegated to the chief executive by a local board.

[3] Auckland Council Delegations: Chief Executive Officer, General Delegation, 23 June 2011 (GB/2011/123).

[4] Auckland Council Delegations: Chief Executive Officer, General Delegation – Schedule 1, 23 June 2011 (GB/2011/123).

[5] General rules applying to all delegations - Auckland Council, 9.

 

9.1.5 Remuneration

[1] The governing body committee structure and the terms of reference for each committee are determined by the Mayor (see [Section 4.2(a)(iv))]) and are, therefore, subject to change.

[2] Local Government Act 2002 Sch 10, cl 32.

 

9.2.1 Employment of council staff

[1] For information about Mayoral Office staff see [Section 4.3].

[2] Local Government Act 2002 s 42(2)(g).

 

9.2.2 Roles and responsibilities of council staff

[1] See [Sections 10.2 to 10.4].

[2] Auckland Council Code of Conduct.

[3] Auckland Council Code of Conduct.

 

9.2.3 Relationship of council staff with elected members

[1] Code of Conduct for Elected Members, 7.2.

 

 

Key Documents 

 

Appointment and Remuneration Policy for Boards Members of Council Organisation

Civil Defence Emergency Management Act 2002

Code of Conduct

Code of conduct for elected members

Interpretation Act 1999

Ngāti Whātua Orākei Claims Settlement Act 2012

Ngāti Whātua o Kaipara Claims Settlement Act 2013

Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

Local Boards Standing Orders

Local Electoral Act 2001

Local Government Act 2002

Local Government (Rating) Act 2002

Local Government (Auckland Council) Act 2009

Local Government Official Information and Meetings Act 1987

Public Audit Act 2001

Standing Orders

 

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