Guidance for Exercising a Delegation Power

Some teams will have internal processes of what needs to be done when using one of their delegations, and then for some there are guidance notes included within some delegations requiring that the power not be used without Executive Team approval.  

For situations where neither of the above options are available a general guidance of what staff should consider before using a delegated power is noted below. 

 

Confirm the legal source and scope of the power - before doing anything:

    1. Identify the exact section of the Act being relied on
    2. Confirm:
      • The CEO or other staff member have the necessary delegation.
      • The power applies to the situation at hand.
      • Any statutory preconditions are met (e.g. “if satisfied that…”, “having regard to…”)

Identify mandatory considerations - Most statutory powers require certain things to be considered.

  1. Look for wording like:
  2. Also consider relevant frameworks under Local Government Act 2002 (e.g. purpose of local government, principles of decision-making)

"must have regard to…"

  • "must be satisfied that…"

Informed Decision - Ensure:

  1. Facts are accurate.
  2. Evidence is sufficient.
  3. Any technical input (engineering, planning, legal) is obtained where needed.
  4. Are there previous similar circumstance where this power was or was not used, to ensure that we are consistent.

    5. We’re wanting to ensure that a decision is reasonable in the circumstance and has an evidential foundation.

Apply natural justice (if rights/interests are affected)

If the decision impacts a person: E.g. right to access pools or right to undertake an activity).

  1. Give them/Ensure:
    • That they have a fair opportunity to be heard
    • Access to relevant information (where appropriate)
    • Ensure: that there is no bias (actual or preceived)

Document Reasoning

  1. Once the decision has been determined to be reasonable and proportionate in the situation, document the outcome and how we arrived at that decision and all the considerations.