1. Purpose

The purpose of the Delegations Register is to set out the Horowhenua District Council’s (‘the Council’) policies, procedures and delegations relating to decision making when giving effect to its statutory duties, responsibilities and powers.

The application of delegated authority is intended to improve the efficiency, effectiveness and timeliness of decision-making and is consistent with the Council Plan On A Page focus areas of ‘Get The Basics Right’ and ‘Rebuilding the Organisation’ with a focus to empower a culture of excellence , service and continuous improvement.

The Council supports the principle of delegating decision-making to the lowest competent level. This makes best use of the abilities of Elected Members, ensuring the cost-effective use of resources and promoting the development of efficient and effective management. This principle has been applied to the preparation of this Delegations Register.

The delegations have been approved by Council resolution/s. Delegations, unless otherwise stated, are deemed to have been made under Clause 32, Schedule 7 of the Local Government Act 2002 (LGA).
Delegations to Standing Committees and Subcommittees, are recorded in the Council and Committee Terms of Reference 2022 – 2025.

2. Definitions

2.1 Delegation

Delegation is the conveying of a duty or power to act to another person, including the authority that the person making the decision would themselves have had in carrying out that duty or exercising that power.

To avoid doubt, no delegation relieves the body or person making the delegation of the liability or legal responsibility to perform or ensure performance of the function or duty being delegated. The Council may have the power to delegate under enactments other than the Local Government Act 2002.

The laws relating to local government generally recognise that the decisions of a delegate may be reviewed or appealed to the delegator who may confirm, vary, overrule, or substitute any decision although there are exceptions such as where a decision is made and other review remedies are available (e.g. appeal to a court or tribunal).

Any delegation made includes any ancillary responsibilities, duties or powers necessary to give effect to that delegation.

Unless specifically time-limited, a delegation will continue in force until specifically revoked, or varied by the delegator or the Council. Where Council revokes, suspends for a period, or amends the terms of conditions in relation to any delegation, it will be recorded by resolution of Council.

Unless a valid delegation in respect of a matter has been made and included in the Delegations Register, any decision required in respect of that matter can only be made by the Council at an ordinary or extraordinary meeting.

Unless otherwise expressly stated in this Delegations Register, all financial values stated in this document are GST exclusive.

2.2 Powers Retained by Council

Schedule 7 Clause 32 of the Local Government Act 2002 states that Council retains the following non-delegable powers:

  • The power to make a rate;
  • The power to make a bylaw;
  • The power to borrow money, or purchase or dispose of assets, other than in accordance with the Long Term Plan or annual plan;
  • The power to adopt a Long Term Plan, Annual Plan or Annual Report;
  • The Power to appoint a Chief Executive Officer;
  • The power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the Local Governance Statement; and
  • The power to adopt a Remuneration and Employment Policy.

2.3. Chief Executive Officer

Horowhenua District Council is a local authority under the Local Government Act 2002. Elected members and the Mayor make up the Councils’ governing body, which is responsible and democratically accountable for decision-making.
The governing body appoints only one employee, the Chief Executive Officer, whom has absolute control over all employment-related matters concerning staff, and has authority to:

  • Approve the employment of all staff.
  • Approve staff members taking up or engaging in other employment, in addition to their Council employment, subject to the following provisos:
    • Council duties having priority;
    • The other employment is not to interfere with or impair the due and proper discharge of their normal duties;
    • The other employment will not be carried out during the staff member’s Council working hours; and
    • There being no conflict of interest arising from the other employment.

The Chief Executive Officer is responsible for leading and overseeing staff in implementing the decisions of the Council and ensuring that all statutory responsibilities of the Council are met. The Chief Executive Officer is responsible for ensuring that all responsibilities, duties and powers delegated to him/her/them, or to any person employed by the Council, are properly performed or exercised. This includes those imposed or conferred by an Act, regulation or bylaw.

The Chief Executive Officer may delegate to any other officer of the Council any of his/her/their powers under the Act, or any other statute and may nominate another staff member to act as Chief Executive Officer during temporary periods of absence from duties together with such of the Chief Executive Officer’s powers as they consider appropriate.

The Chief Executive Officer may revoke or suspend for a period, or amend the terms and conditions in relation to any delegation to subordinates that they have made.

The Chief Executive Officer is the Principal Administrative Officer as defined in Section 42(4) of the Local Government Act 2002, and shall perform the duties and functions pertaining to this position except in cases where particular duties and functions have been delegated to another officer in writing, or by the Delegations Register.

2.4. Member and Officer

For the purpose of this Policy:

  • “officer” means a named person, or the person who is for the time being the holder of a specified office;
  • “member” means a member of the governing body of the Council, including the Mayor.

The Council may delegate to a member or officer of the Council any of its responsibilities, duties or powers other than those referred to in section 2.1. Such delegations may be further delegated, subject to any conditions, limitations, or prohibitions imposed by the Council or by the committee, body or person that made the original delegation.

An officer whom any responsibilities, duties or powers delegated may exercise them in the same way and with the same effect as the delegating officer could have done.

If not limited otherwise in the Delegations Register, where there are changes to officer position titles within the Council, but the Delegations Register has not yet been updated to reflect the new titles, any officer who performs or exercises the same or a substantially similar role or function as a former position title, may exercise the delegations of that former position title. Where the authority is granted to a number of officers employed in different departments of the Council, it will be up to the department leader(s) concerned to ensure that the authority is exercised consistently across those departments.

A delegated authority must be exercised in accordance with officer duties as identified in their Position Description, and all relevant Council policies and conditions, such as financial limits, process and reporting requirements.
Where an officer is in a position in an acting capacity, the officer may exercise the delegations to that position. However, the officer should state that he/she/they are exercising the delegation in acting capacity.

Where there is any ambiguity between the wording of a legislative function and the delegation of that function to an officer, the wording of the legislation will prevail. A delegation made under legislation that is subsequently repealed will be read as a delegation made under any replacement or corresponding legislation that has the same effect (until the Delegations Register can be amended).

An officer may decide not to exercise their delegation in cases of uncertainty or high policy content, and refer the decision back to the delegator.

Responsibilities, duties or powers under the Resource Management Act 1991 and the Local Government (Rating) Act 2002 delegated by the Council to officers, including the Chief Executive Officer, may not be sub-delegated.

2.5. Term of Delegation

The Delegations Register will be reviewed annually and at other times as needed i.e. legislation change, and unless any delegation is expressed to be for a defined period it will continue until revoked by the delegator or the Council, or withdrawn by operation of law.

2.6. Delegation to Office

Unless a contrary intention is indicated, every delegation will be to a stated officer or position and not to an individual or the membership of a group in their personal capacities. In every case of this type the delegation will survive any change in the occupier of any such office.