Introduction

Purpose of Officer Delegations

The purpose of officer delegations is to assist with achieving Council’s goals and objectives, as stated in strategic documents such as Annual Plans.  Officer delegations differentiate between Elected Members making governance decisions and Council officers implementing such decisions.

Officer delegations also assist with carrying out Council business and meeting the needs of Council’s customers in an efficient and effective manner, by enabling officers to take action within the parameters of their delegated authority.  To further enable efficiencies, delegations have been approved to the lowest appropriate officer level.

Officer delegations should be delegated to the lowest appropriate officer level in order to enable Council business to be carried out in the most efficient and effective manner.

Officer delegations are linked to Nelson City Council’s Council Delegations Register.  Council’s Delegations Register records the structure of Council’s Committees, their objectives and the scope of their authority.  It also sets out the general nature of Council’s delegations to the Chief Executive, and notes that the Chief Executive may further delegate such powers onto Council Officers.  This document records the delegations made by the Chief Executive to Council Officers.

Officer delegations may be altered or revoked at any time by the Chief Executive

Legal Authority

Delegations contained in this register are made in accordance with:

(a)      Council’s Delegations Register; and

(b)      Schedule 7, clause of the Local Government Act 2002:

“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 sub-committee 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.”

Officer delegations are made with regards to the following principles:

(a)      Delegations are made to Officer positions, rather than to specific people.  There are several exceptions where, as a result of legislative requirements, delegations are made to specific people.  In these cases, the Officers holding such delegations are recorded by name in this register.

(b)      All Officer delegations are recorded in this manual.  Any further amendments to the register will be incorporated with footnote references.

(c)       Decisions made by Officers under delegated authority cannot be subsequently overturned by Council.

(d)      For the avoidance of doubt, the Chief Executive retains the authority to carry out all actions listed in this register or to authorise another officer to carry out all actions listed in this register, aside from those delegated to specific people, regardless of whether the Chief Executive is named within the column headed ‘delegated to’.

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.

For the avoidance of doubt, it is also accepted that any staff members carrying out duties in a temporary or acting capacity have the delegated powers, duties and responsibilities of the position in which they are acting.  Likewise, where a staff position is delegated any power, duty or responsibility, the relevant Group Manager, Business Unit Manager and/or Team Leader supervising that Officer position also share the same delegation.