INTRODUCTION

 

1.        The Register of Statutory Delegations and Warrants combines and records the various delegations and appointments made by Council resolution or the Chief Executive.  The purpose of delegating the day to day functions of the Council to Committees, Officers and other approved persons, is to improve the effectiveness and efficiency of the implementation and delivery of Council’s policies and objectives.

 

2.        This register relates primarily to the planning and regulatory functions of the Council.

 

 

LEGAL BASIS

 

3.        Council’s primary authority to delegate to officers derives from Sections 174 and 177 of the Local Government Act 2002 and Clause 32 and 32A of Schedule 7 to the Local Government Act 2002.  The matters that it can and cannot delegate are contained in Clause 32.  Clause 32B outlines what and how matters can be delegated by Council officers.

 

 

32 Delegations

 

        1. 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

           

  1. The power to make a rate; or

     

  2. The power to make a bylaw; or

     

  3. The power to borrow money, or purchase or dispose of assets, other than in accordance with the Long Term Council Community Plan; or

     

  4. the power to adopt a long-term council community plan, annual plan, or annual report; or

     

  5. The power to appoint a chief executive; or

     

  6. 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.

     

        1. Nothing in this clause restricts the power of a local authority to delegate to a committee or other subordinate decision-making body, community board, or member or officer of the local authority the power to do anything precedent to the exercise by the local authority (after consultation with the committee or body or person) of any power or duty specified in subclause (1).

           

        2. A committee or other subordinate decision-making body, community board, or member or officer of the local authority may delegate any of its responsibilities, duties, or powers to a subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by the local authority or by the committee or body or person that makes the original delegation.

 

        1. A committee, subcommittee, other subordinate decision-making body, community board, or member or officer of the local authority to which or to whom any responsibilities, powers, or duties are delegated may, without confirmation by the local authority or committee or body or person that made the delegation, exercise or perform them in the like manner and with the same effect as the local authority could itself have exercised or performed them.

 

        1. A local authority may delegate to any other local authority, organisation, or person the enforcement, inspection, licensing, and administration related to bylaws and other regulatory matters.

 

        1. A territorial authority must consider whether or not to delegate to a community board if the delegation would enable the community board to best achieve its role.

 

        1. To avoid doubt, no delegation relieves the local authority, member, or officer of the liability or legal responsibility to perform or ensure performance of any function or duty.

 

        1. The delegation powers in this clause are in addition to any power of delegation a local authority has under any other enactment.

           

           

          32A Delegation of Power to Issue Warrants To Enforcement Officers

           

        1. A local authority may delegate to a committee or member or officer of the local authority the power to issue warrants to enforcement officers.

           

        2. A delegation under subclause (1) may---

 

    1. limit or restrict the exercise of the power; or

       

    2. impose conditions on the exercise of the power; or

 

    1. prohibit, in specified circumstances, the exercise of the power.

 

        1. The local authority must determine the matters in subclause (2) before acting under subclause (1).

           

        2. Clause 32(2) to (8), with all necessary modifications, applies to a delegation made under this clause.

           

           

32B Delegation Of Powers By Officer
 

  1. An officer of a local authority may delegate to any other officer of the local authority 1 or more of his or her powers under this Act or any other enactment except-

     

  1. the power to delegate under this section; or

     

  2. any power delegated to the officer under clause 32 that is subject to a prohibition on delegation; or

     

  3. any power under an enactment where the enactment expressly prohibits the delegation of the power.

     

  1. An officer acting under subclause (1) may include conditions, limitations, or prohibitions in the delegation.

     

  2. An officer to whom any responsibilities, powers, or duties are delegated may, without confirmation by the officer that made the delegation, exercise or perform them in the like manner and with the same effect as if the officer who made the delegation could himself or herself have exercised or performed them.

 

  1. To avoid doubt, no delegation relieves the officer of the liability or legal responsibility to perform or ensure performance of any function or duty.

     

4.        Council also has authority to delegate under the Resource Management Act 1991, the Dog Control Act 1996, and the Biosecurity Act 1993.

 

5.        Once delegations have been made by the relevant authority, then the person to whom the power is delegated is legally able to make a decision within that delegation as if they were the Council itself. Decisions made by committees and officers within this Delegations Register legally bind the full Council.

 

6.        This legal position is reflected in the Local Government Act 2002 which states that the Council cannot rescind or amend a decision made by a committee pursuant to a delegation authorising the making of a decision. The law would also take the same position with regard to decisions made by subcommittees and officers.

 

7.        If a matter or issue does not fall within any of the delegations in this register, then a decision on that matter or issue is one for the full Council.

 

 

PRINCIPLES AND PROCEDURES

 

8.        The Council has delegated its powers including the powers of delegation to the Chief Executive.  The Chief Executive may within the restrictions of this delegation, delegate and warrant these powers to any other Council officer or person. In accordance with Clause 32B above, delegations made by the Chief Executive to Council officers individually cannot be further sub-delegated by that officer.

 

9.        Only the Council may delegate its powers to Committees, Sub-Committees or individual Councillors.

 

10.      The Chief Executive may revoke or suspend until further notice any delegation to a subordinate at his/her complete discretion.  Any withdrawal of delegation must be effected in writing.

 

11.      Delegations made to Hastings District Council Committees cease at the end of the term of the Council in which they are made, but until the new Council reconsiders the delegations to be made to Committees the newly elected Mayor is empowered to exercise all delegations to Committees. Each new Council on the commencement of its term reconsiders the delegations to be made to Committees. Delegations made to officers continue in force until they are revoked or altered by the Chief Executive.

 

 

STRUCTURE OF THE REGISTER OF STATUTORY DELEGATIONS AND WARRANTS

 

12.  The Register of Statutory Delegations and Warrants is structured around staff positions, and schedules are attached to aid usability by listing the people holding each position.  Schedule 1 lists Council Officers holding delegations and warrants and appointed Enforcement Officers.  Schedule 2 lists persons other than Officers of Council, holding delegations and warrants.  In relation to Schedule 1, there are frequent changes.  While effort is made to regularly update Schedule 1, reference should be made to the Hastings District Council Human Resources Group to confirm the most up-to-date list of the holder(s) of any particular position.

 

Changes to Schedule 2 are less frequent, but reference should be made to the Hastings District Council Team Leader Environmental Health and Liquor Licensing confirm the most up-to-date list of the holder(s) of any particular position.

 

13.      The Register is split into three parts outlining the delegations approved.  The following table identifies each section of the register and the relevant approving authority:

 

Section Description Approving Authority
Part I:  The Chairperson of the Hearings Committee and Individual Members of the Hearings Committee and Individual officers of Council The Council
Part II Section 1:Delegations to Council Officers The Council
Part II Section 2-24:  Delegations to Council Officers Chief Executive
Part III:  Warrants of Appointment Chief Executive
Schedules and Appendices:  Chief Executive

 

 

14.      Generally, those staff given delegations under Part II of this Register will be appointed as Enforcement Officers under the relevant legislation, as they relate to those delegations.

 

15.      For example an Environmental Health Officer who is given the delegation to act as a duly authorised officer under the “Nuisances” By-law (see Part II, paragraph 15(9)) is also appointed as an enforcement officer under the Local Government Act 2002 (Part III paragraph 15) for the purposes of that By-law.  Individual officer names for this appointment are given in Schedule 1.

 

 

ADMINISTRATION OF THIS REGISTER

 

16.      All comments or recommended changes to this Register should be directed to the Team Leader Environmental Health and Liquor Licensing, Planning and Regulatory Services.

 

17.      Groups other than Planning and Regulatory Services, which retain delegations and warrants issued under this Register, are responsible for advising the Team Leader Environmental Health and Liquor Licensing, Planning and Regulatory Services of:

 

  • Any staff changes in the appointments listed in this manual,

     

  • Legislative changes affecting their Group, and

     

Requests for Warrants to be issued to their staff.