Purpose

The purpose of the Delegations Register is to set out the Kaipara District Council’s (the Council’s) policies, procedures and delegations relating to decision making when giving effect to its statutory duties, responsibilities and powers. 

Definition of Delegation

Delegation is the transfer of a duty or power to act on behalf of another, including the authority that the person or body making the decision would themselves have had in carrying out that duty or exercising that power. 

For the purposes of administrative efficiency and expediency, in the conducting of its day-to-day business, the Council delegates certain statutory duties, responsibilities and powers to its standing committees, committee’s subcommittees, joint committees, elected members and staff and in some cases other persons such as Hearing Commissioners.

Likewise, the Chief Executive delegates certain duties and responsibilities to a subordinate level, except those expressly precluded by legislation.   Delegations are a necessary operational requirement to achieve best use of the abilities of Elected members and staff and to promote effective and expeditious decision- making.  Delegations seek to avoid administrative delays and inefficiencies.  Delegations are made to a role, not a person.

Delegations do not remove ultimate accountability of elected members, the Chief Executive and Executive Team of Council.

Legal

Council’s authority to delegate to its standing committees, subcommittees, members or staff is principally derived from Schedule 7, Clause 32 of the Local Government Act 2002 (LGA).

Schedule 7 Clause 32 of the LGA states that:

“Unless expressly provided otherwise in this Act, or in any other Act, for the purposes of efficiency and effectiveness in the conduct of the local authority’s business, a local authority may delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority any of its responsibilities, duties, or powers except

a) The power to make a rate; or

b) The power to make a bylaw; or

c) The power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-Term Plan; or

d) The power to adopt a Long-Term Plan, annual plan, or annual report; or

e) The power to appoint a chief executive; or

f) The power to adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement; or

g) repealed

h) the power to adopt a remuneration and employment policy

Amendments to the Delegations Register

This register is maintained by the Manager, Quality Assurance, who shall amend it in accordance with:

• Any instruction to that effect given by Council
• Any need for typographical, grammatical or other minor amendment where the intention of Council in the matter of a delegation is not altered
• An amendment to address legislative or regulatory changes, excluding the powers and responsibilities that remain with Council, which shall go to Council for approval

The Delegations Policy and Register, which will be reviewed after every triennial election