Delegation Policy

Background

This document sets out the policy for the Matamata-Piako District Council for delegations of responsibilities, powers and duties to a range of different parties as provided for in the Local Government Act 2002 (the Act) and other legislation.

 

Objectives

The objectives of this Policy are twofold - to provide a framework which:

  • provides for the delegation of powers to create efficient and effective decision-making within Council;
  • allows Council to concentrate on the delegations (or the decision not to delegate matters) of greatest magnitude and risk.

The above objectives will enable Council to consistently determine all delegations that it makes.

 

Policy

Efficient and effective decision making

The volume and diversity of decisions that need to be made and the powers that are required to be exercised for the operation and development of the district means that elected members do not have the capacity to undertake all these functions. The role of Council is to develop the set of policies and manage the policy settings that govern the individual decisions and exercise of powers of those to whom the detailed decision making has been delegated.

Part of good management practice is to encourage delegation of decision making to the lowest competent level, and it is Council’s policy to do so. This will best utilise the Council's resources and promote the development of effective people. However, the emphasis is on competency, as those with responsibility for a task or function should always have the training and authority to carry it out effectively. Those with authority should always be responsible and accountable for its wise use.

Managing risk

Delegations do not remove from the Council or management ultimate accountability for the affairs of the Council. Poor decision making can expose Council to significant risks. Council has identified the following ‘top five risks’ which are to be considered by Council and staff when making a delegation:

  • whether the delegation could allow a decision that would be significantly inconsistent with the Long Term Plan, Annual Plan or other legislative requirements;
  • whether the delegation would allow a decision that involves a governance matter, for example setting of external policies and plans for the organisation;
  • whether there is a risk of significant additional unbudgeted costs to Council (for example in excess of agreed contractual obligations);
  • whether there is a significant risk associated with  litigation (either exposure to or commencement of on);
  • whether there is a significant risk of controversy or reputational damage to the organisation.

Council’s policy is to retain or restrict the delegation of decision making on matters where it considers the above to be a real risk to the organisation. 

 

Guidance

When making delegations to give effect to this Policy, Council and staff will give consideration to the following matters:

Efficient and effective decision making

  • When making a delegation, the delegator must give consideration to the nature of the decisions to be made, or powers or duties to be undertaken under the delegation. 
  • It is expected that matters of governance, including the development and approval of external policy will sit at a governance level.
  • The lowest competent level means the lowest position within the Council hierarchy that has adequate skills to undertake the delegated powers, duties or responsibilities.
  • The assessment of the adequacy of skills will be made by the Executive Team or Third Tier Manager in association with the proposed delegate and will include the assessment of the knowledge, skills, understanding of any relevant legislation, attitude and experience of the holder of the office of the proposed delegate.
  • It is the responsibility of the Executive Team or Third Tier Manager to ensure that the holder of the office with the delegation has the competencies required for the delegation.

Managing risk

  • Delegations should distinguish between those necessary to facilitate ordinary operations in the district and matters that are extraordinary or carry high risk.
  • Matters that should be considered extraordinary or as carrying high risk in particular are those identified in this policy, however this is not an exhaustive list, and matters should also be considered in light of Council’s Risk Management Policy.
  • In general, matters relating to civil litigation will not be delegated by Council.
  • In general matters relating to litigation associated with the enforcement of regulatory matters should be restricted to the Chief Executive and relevant Executive Team member(s).
  • Delegations which carry a higher risk should be clearly identified in the delegation tables.

 

Delegation categories

The categories of delegation have been identified below, as detailed in the following sections. Whilst the differentiation between some of these categories is imprecise, the separation is useful in identifying the different responsibilities that are delegated to different areas of the Council structure, the different levels and types of accountability appropriate for each and the different parties to whom delegations have been made.

  • Powers retained by Council
  • Mayoral Powers
  • Committee delegations
  • Hearings Commission delegations
  • Financial delegations
  • Warranted officer appointments
  • Statutory delegations

 

Relevant legislation

The Council has extensive powers of delegation under the Act. These powers are limited only to those items excluded under sub-clause 1. The preparatory work on those items may be delegated, but Council must make the final decision.

Clause 32 of Schedule 7 to the Act is the primary legislative authority that empowers the Council to make 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 a 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.

(2)        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 sub-clause (1).

(3)        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.

(4)        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.

(5)        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.

(6)        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.

(7)        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.

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

 

 


    Implementation procedure

    Guidance on the process for creating delegations is contained in Promapp.

     

    Audience

    • Staff
    • Councillors
    • Mayor
    • Community

     

    Authorisation

    Authorised by: Don McLeod

                             Chief Executive

                             Matamata-Piako District Council