10.3.4 Specific delegations

 

1. Delegations from the governing body to its committees

   • In practice, the governing body makes a series of delegations to its committees and records them in its Terms of Reference. The governing body may also use the Terms of Reference to specifically retain certain responsibilities. 

2. Delegations from the governing body to local boards

   • The governing body may delegate functions or powers to local boards [1].

   • In deciding whether to delegate a power or function to local boards, the governing body must weigh the benefits of reflecting local circumstances and preferences against the importance and benefits of using a single approach throughout the region [2].

   • The governing body has delegated the following functions to local boards: 

     i) exemptions under the Fencing of Swimming Pools Act 1987
     ii) input into notification decisions for resources consent applications
     iii) authorising the destruction of wandering stock on Great Barrier Island, in accordance with the Impounding Act 1955 [3]
     iv) decision-making on operational cemeteries on Great Barrier Island [4]
     v) amendments to the Policy on Dogs in relation to any dog access rules in local parks, local beaches or local foreshore areas in their local board area
     vi) making objections to liquor licensing applications under the Sale and Supply of Alcohol Act 2012
     vii) making, amending or revoking alcohol bans, except in areas of regional significance.

   • Local boards are accountable to the governing body for the performance of the delegated function or power, while the governing body remains responsible for it. This is in contrast to allocated functions, for which local boards are responsible.

3. Delegations to the chief executive and to council staff – the empowering model

   • The governing body and local boards make delegations to the chief executive. These delegations are an important part of the council’s effective operation and allow staff to perform their roles.

   • To ensure that staff members have the powers they need to perform their roles, the council has taken an empowering rather than prescriptive approach to delegations. The features of this model are: 

     i) The governing body and local boards delegate all their powers and functions to the chief executive, subject only to certain limits set out in the Combined Chief Executive’s Delegation Register. These include financial limits and, in the case of local board delegations, local board protocols [5].
     ii) The chief executive delegates the functions and powers relating to a particular council department to staff in that department (including powers originally delegated by the governing body and local boards [6], as well as those conferred directly on the chief executive by statute [7]). Some of these functions and powers are restricted to staff in specific tiers (e.g. senior managers).

   • In practice, the delegations register also contains general principles that apply to the delegated powers, including: 

     i) a delegation to a staff member holding a named position or level of authority is also delegated to all officers in a direct line of authority above that officer
     ii) a delegation to a staff member holding a named position is also delegated to an officer who performs or exercises the same or a substantially similar role or function
     iii) a staff member who is given a delegation is also delegated any ancillary responsibilities, duties or powers necessary to give effect to the delegation
     iv) staff may not sub-delegate any powers of functions given to them by the chief executive.

   • The chief executive may also refer any matter to the governing body or the relevant local board for a decision. In practice this could occur when the matter has high policy content or is particularly significant, contentious or of high public interest.

4. Delegations to external organisations or CCOs

   • From time to time, the council may delegate functions or powers to external people or organisations, e.g. functions and powers under the Resource Management Act 1991 to independent hearings commissioners [8].

   • The council also delegates to its council-controlled organisations (CCOs) functions and powers relevant and necessary for them to conduct their business effectively and efficiently and according to its statement of intent, e.g. Panuku Development Auckland has the power to acquire and dispose of council assets.

 

 

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