A. The legal framework

The Council’s Principal Responsibilities

1. The purpose of local government as set out in section 10 of the Local Government Act 2002 (the Act) is:
  i. To enable democratic local decision-making and action by, and on behalf of, communities; and
  ii. To promote the social, economic, environmental, and cultural well being of communities, in the present and for the future.
2. The governance principles of local government as set out in section 39 of the Act are:
  i. A local authority should ensure that the role of democratic governance of the community, and the expected conduct of elected members, is clear and understood by elected members and the community; and
  ii. A local authority should ensure that the governance structures and processes are effective, open, and transparent; and
  iii. A local authority should ensure that, so far as is practicable, responsibility and processes for decision-making in relation to regulatory responsibilities is separated from responsibility and processes for decision-making for non-regulatory responsibilities; and
  iv. A local authority should be a good employer; and
  v. A local authority should ensure that the relationship between elected members and management of the local authority is effective and understood.

The Responsibilities of the Chief Executive

The Act requires the Council to delegate the management of the organisation to the Chief Executive in accordance with s42 and Schedule 7 s33 – s36, on the terms and conditions the Council sees fit.

1. The Chief Executive is responsible to the elected Council for:
  i. Implementing the decisions of the local authority; and
  ii. Providing advice to members of the local authority and to its community boards, if any; and
  iii. 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; and
  iv. Ensuring the effective and efficient management of the activities of the local authority; and
  v. Maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority; and
  vi. Providing leadership for the staff of the local authority; and
  vii. Employing, on behalf of the local authority, the staff of the local authority; and
  viii. Negotiating the terms of employment of the staff of the local authority.
2. The Chief Executive is responsible for:
   i.  Ensuring, as far as practicable, the separation of regulatory and non-regulatory functions, responsibilities, and decision making processes.
  ii. Appointment of independent commissioner(s) to hear, consider, and determine all contested resource consent applications in respect of which the Council, or a Council Controlled Organisation (CCO), is or could be perceived to be an interested party.
  iii. Delegating to the Hearings Panel all of Council‘s regulatory powers in respect of hearing, considering and determining all matters relating to resource consents under the Resource Management Act 1991; licences under the Sale of Liquor Act 1989; approvals under the Fencing of Swimming Pools Act 1987; and actions under the Dog Control Act 1996.
  iv. Delegating to appropriate staff Council‘s powers to undertake compliance inspection and enforcement in accordance with Council‘s approved procedures.