Register of Delegations: Part 2 Delegations from Chief Executive to staff
Chief Executive delegation to Corporate Services
(below General Manager level)
• District Administration Services
• Financial Services
Act
Section
Delegation
Title
Local Government Act 2002
12 Power to authenticate documents • Legal Services
(previously under section 252 LGA74)
Manager
• In-house Counsel
Power to seek legal advice from • Legal Services
approved legal service providers
Manager
• In-house Counsel
Power to instruct solicitors to represent • Legal Services
Council in hearings before any Court or
Manager
Tribunal or other judicial or quasi-
• In-house Counsel
judicial body
Authority to represent Council, whether • In-house Counsel
or not assisted by other solicitors, in
hearings before any Court or Tribunal
or other judicial or quasi-judicial body
Power to receive, prepare, complete, • Legal Services
and/or execute statutory and legal
Manager
documents including affidavits and • In-house Counsel
declarations
Various
Various Authority to institute and proceed with • Legal Services
legal proceedings on behalf of Council,
Manager
including but not limited to the power to • In-house Counsel
lay an information in respect of an
offence against any Act
Local Government Act 2002
40 Power to prepare and make publicly • Manager – District
available a local governance statement
Administration
Services
Local Government Act 2002
116 Establish and maintain a register of • Chief Financial Officer
charges over any of Council's assets,
keeping copies of all instruments
specifically affecting any of its property
Local Government Act 2002
Various Sign release documents on insurance • Chief Financial Officer
claims made by Council
March 2019
Local Government Act 2002
Various Power to write off bad debts (not
Jointly
unpaid rates) of up to $10,000
• General Manager
Corporate Services
• Chief Financial Officer
Local Government Act 2002
Various Power to recommend to the Chief
Jointly
Executive the writing off of bad debts • General Manager
(not unpaid rates) above $10,000
Corporate Services
• Chief Financial Officer
Disputes Tribunal Act 1988
- Power to represent Council in the • Legal Services
Disputes Tribunal and bind the Council
Manager
to agreed settlements and/or Referees'
determinations
Local Government Official
42 Authority to exercise all or any of • Manager – District
Information and Meetings
Council's powers under Parts 1 to 5 of
Administration
Act 1987
the Act, except any powers specified in • Legal Services
section 32 of the Act
Manager
• In-House Counsel
• Senior Solicitor
• Solicitor
• Legal Services Officer
• Property Legalisation
Officer
Local Government Official
44A Power to determine such other • Legal Services
Information and Meetings
information concerning land as is
Manager
Act 1987
relevant for inclusion in a LIM
• Property Legalisation
Officer
Local Government Official
46, 46A, Power to publicly notify meetings and • Governance Support
Information and Meetings
49, 51, to make available agendas, reports and
Team Leader
Act 1987
51A minutes
Privacy Act 1993
23, 124 Authority to exercise all or any powers • Legal Services
of Council under the Act including
Manager
power to act as one of Council's • Legal Services Officer
privacy officers
Statutory Land Charges
6(1), 7(2) To sign notice of statutory land charge • Chief Financial Officer
Registration Act 1928
and to sign releases of such charges
• Manager Financial
Accounting
Local Government Act 1974
Various Power to negotiate on Council's behalf • Property Legalisation
in the acquisition and disposal of land
Officer
Local Government Act 2002
and interests in land, for public works
Public Works Act 1981
and other purposes (including road
legalisation) that Council is authorised
Reserves Act 1977
to undertake under these Acts,
Te Ture Whenua Māori Act
provided that where the negotiated
1993
sum exceeds the officer's level of
Land Transfer Act 1952
delegated authority the negotiation will
be subject to approval of a Council
March 2019
Property Law Act 2007
officer, the relevant Committee, or
Council as required. (Note: the power
to purchase or dispose of assets, other
than in accordance with the LTCCP,
cannot be delegated to staff; Council
resolutions are required to complete
such transactions)
Various Authority to represent Council, whether • Property Legalisation
or not assisted by solicitors, in hearings
Officer
before the District Court, the
Environment Court, and the Māori Land
Court, in respect of matters pertaining
to the powers delegated to property
legalisation officers as listed above
Various Authority to prepare documents, • Property Legalisation
whether or not assisted by solicitors, to
Officer
give effect to agreements negotiated
under the powers delegated to property
legalisation officers as listed above, for
execution by Council and lodgement
with the appropriate statutory authority
for registration or gazettal
Local Government Act 2002
Various Authority to approve requests for • Chief Financial Officer
remission of excess water charges
Local Government (Rating)
• Manager Financial
above 50% of the excess charge, up to
Act 2002
Accounting
an including the value of $10,000 (refer
Council resolution 16 June 2016)
March 2019