What is a delegation?

A delegation means the assignment of a Council power, responsibility or duty of action to another party, e.g. a committee, member, the Chief Executive or another officer.  This gives the other party (called the delegate) the authority to conduct 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 Register?

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 the Council to have a Delegations Register?

There is no legal requirement for a Register, but individual delegations are required.  Capturing these in a manual/register 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 responsibilities does the Chief Executive have?

The Local Government Act 2002 requires Council to delegate the management of the organisation of the Chief Executive in accordance with s42 and Schedule 7 s33-s36, on the terms and conditions that Council consider appropriate.

 

The Chief Executive is responsible to the elected Council for:

  • implementing the decision 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).
  • negotiating the terms of employment of the staff of the local authority (in accordance with any remuneration and employment policy).