General Principles of Delegation

Acting

Functions or powers delegated to holders of an office may be exercised by any person who has been appointed to act in the office, as a sole decision by that person.

Expectations

In exercising the delegated authority, the delegates are expected to:

1. act in accordance with their Financial Delegations and within budgetary constraints.

2. comply with Council policies and procedures relating to the exercise of the functions and powers.

For the avoidance of doubt, these expectations are not intended as legal conditions or limitations in the scope of the powers delegated.

Changes to team or office name

A specified office or class of office includes an office that carries the same, or substantially the same responsibility as the specified office and is intended to replace or substantially replace the specified office.

Other parties able to act

There may be situations where a delegation is made to several officers, or where decisions are made by officers in a different category of responsibility. For completeness, the delegation of authority to a specified officer does not prevent another properly authorised officer from exercising the same function, power or duty. For example, there may be two officers with the authority to exercise decision-making powers, or the Chief Executive may decide to refer a matter to the Council or a Committee for decision.

Operational policies are developed by and for staff and are not included in these delegations or these exceptions.

Non-discretionary duties

The Schedules list only those functions, powers and duties which involve discretionary decision-making. All staff have authority to perform non-discretionary duties (those not listed) on behalf of the Council, within the general scope of their role.

 

Delegation to the Chief Executive

Purpose

The scope of the Council's delegation to the Chief Executive is very broad; the Council has essentially delegated all powers and duties that can be delegated. This is deliberate. It is intended that the Chief Executive be given as much flexibility as possible to deal with any situation that may arise.

The Chief Executive will, of course, use his/her discretion in deciding whether or not to exercise the various powers delegated to him/her; it is always open to the Chief Executive to refer matters to Council or its committees for their determination. However, the broad delegation will enable the Chief Executive to deal with any time-critical situation, as well as any matters that are more appropriately dealt with at the management level.

By resolution at a meeting on 5 November 2024 the New Plymouth District Council:

  1. Delegated to the Chief Executive all of its responsibilities, duties, and powers in relation to any matter in respect of which the Council is empowered or directed by law to exercise or undertake, including by Act, regulation and bylaw, and any responsibilities, duties, and powers, incidental to these, subject to the Exceptions and General Principles of Delegation set out below; and
  2. Delegated specific powers and functions under the Resource Management Act 1991 (RMA), and the Local Government (Rating) Act 2002 (LGRA), to the officers specified alongside those powers and functions in Schedules 1 and 2 of this Instrument; and
  3. For completeness, the Council is not delegating any of the powers, duties, or responsibilities listed in clause 32(1)(a) to (h), Schedule 7 of the Local Government Act 2002, or any other power, duty, or responsibility that must be exercised ‘by resolution’;
  4. The Chief Executive may subdelegate in writing any powers delegated to them without any conditions, limitations, or restrictions;
  5. Revoked all previous delegations to the Chief Executive, and all delegations to other officers under the RMA and LGRA.

These delegations are made under clauses 32 and 32A of Schedule 7 of the Local Government Act 2002.

Exceptions

These delegations do not cover:

The setting of statutory or governance policies;

The setting of fees and charges; and

Any power already delegated to a committee, subcommittee, other subordinate decision-making body or community board.