B. Delegations

Delegated authority is the means by which the Council sets out its policy on what functions, duties and powers that it must, or wishes to, retain responsibility for and those that it wishes to delegate. The powers, functions and duties of a council are prescribed either expressly or implicitly by and through various Government acts and regulations. The legislation gives different powers, functions and duties to the elected Council, the Chief Executive and to specific Nelson City Council officers.

The main Acts are:

  • Local Government Act 2002 (‘the Act’)
  • Resource Management Act 1991 (RMA)
  • The Building Act 2004
  • Reserves Act 1977

The Nelson City Council is a unitary authority and therefore has both territorial and regional responsibilities. It fulfils these responsibilities through the elected members (the ‘Council’), Chief Executive, officers, contractors and advisers (collectively the entity known as the ‘Nelson City Council’ or NCC).

Council Policy Regarding Setting Delegations

The Council and Chief Executive delegate a wide range of their powers and functions, within the bounds imposed by legislation.

When deciding which powers to delegate, and to what level, the Council and Chief Executive will balance the following requirements:
  i. For the Council to operate efficiently and effectively; and
  ii. For the Council to concentrate on its policy making role and for the Chief Executive and staff to implement Council policy and administer NCC facilities and provide the agreed services; and
  iii. For the Council operations to be carried out in an open and fair manner; and
  iv. For those with responsibility for a task or function to have the authority necessary to carry it out effectively; and
  v. For all statutory requirements to be properly observed.
Other principles followed by this policy are that:
  vi.  Delegations will normally be made to positions, not to specific people;
  vii. Delegations must be recorded in the Delegations Register (this document); and
  viii. Decisions made under delegated authority cannot be subsequently overturned by the Council.
  ix. The Council may from time to time review or amend its Delegations and this Register.

Delegations from the Council to the Chief Executive

The Council delegates to the Chief Executive all arrangements and contracts for the supply of goods, services, plant and labour to enable the implementation of decisions made by the Council and its committees, and the management of operations and maintenance, and capital expenditure up to the limit approved in the estimates and Annual Plan/Long Term Council Community Plan (LTCCP).

The Chief Executive may, during a state of emergency, enter into any contract on behalf of the Civil Defence Emergency Management Group.

Policy on delegations to the Chief Executive

The Chief Executive may, where provided by legislation and with the express approval of the Council, further delegate those Council functions assigned to the Chief Executive. This Register lists the further delegations which have been made.

The Chief Executive may appoint one of the Executive Team to undertake his functions and delegated authority for planned absences or sick leave.

In the absence of any evidence to the contrary, it is accepted that all officers who exercise any authority have been delegated these powers by the Chief Executive.

Legal restrictions on delegations by the Council

1. The Council cannot delegate any of the following responsibilities (schedule 7 section 32 of the Act).
  i. The power to make a rate; or
  ii. The power to make a bylaw; or
  iii. The power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-term Council Community Plan; or
  iv. The power to adopt a Long-term Council Community Plan, Annual Plan, or Annual Report; or
  v. The power to appoint a Chief Executive; or
  vi. The power to adopt policies required to be adopted and consulted on under this Act in association with the Long-term Council Community Plan or developed for the purpose of the local governance statement.
2. Specific restrictions also apply:
   i.  The powers and duties conferred or imposed on the local authority by the Public Works Act 1981.
  ii. The Council may only delegate its powers and functions under the Fencing of Swimming Pools Act 1987 to a Committee which comprises only members of Council (section 12 of the Fencing of Swimming Pools Act 1987).
  iii. The Minister of Conservation has granted powers to manage reserves through an instrument of delegation under the Reserves Act 1977.
  iv. Powers to approve, adopt, and set operative dates for changes, variations to resource management plans and policies under the Resource Management Act 1991.

Delegation of powers to any other officer

Schedule 7 (s32B) of the Act provides, with some restrictions, powers for an officer to further delegate their delegations to any other officer. Subsequent delegations must be recorded in writing as soon as practicable.

Signing and sealing of formal documents

The Mayor, Deputy Mayor, (or any other two elected members acting at the specific request of the Mayor), together with the Chief Executive or Executive Team members are authorised to sign and seal all formal documents (including easements, leases and property transfers), when those documents have been checked and approved by a Council officer or legal adviser. All documents so signed and sealed shall be reported to a subsequent meeting of the Council.

Power to enter into contracts

The Council may delegate to any committee or to any officers the power to enter into contracts.