Legal Proceedings

Court of Appeal/Supreme Court

Power to commence and/or defend proceedings in the Court of Appeal or Supreme Court and to make any decision on any matter relating to such proceedings, and exercise the power to take enforcement action in relation to a judgment obtained

Restrictions:

a.  Where proceedings are commenced on behalf of the Council, this delegation is conditional upon the Chief Executive first having received and given due consideration to a report from the applicable Group Manager setting out the reasons why such proceedings are considered appropriate in the particular circumstances, including legal advice obtained

b.  This power cannot be sub-delegated

High Court

Power to to commence and/or defend proceedings in the High Court through the Council’s legal advisors and to make any decision on any matter relating to such proceedings that fall within that manager’s area of responsibility and delegated powers and duties, including exercising the power to take enforcement action in relation to a judgment obtained.

Restrictions: The delegate must, before commencing proceedings:

a.  Obtain and consider legal advice on the merits of bringing legal proceedings

b.   Give due consideration to whether or not proceedings are appropriate in the particular circumstances

c.  Obtain the approval of the Chief Executive, whose decision will be final

d.  This power cannot be sub-delegated

District Court

Authority to commence and defend proceedings in the District Court through the Council's legal advisers and to make any decision on any matter relating to such proceedings that fall within that officer's area of responsibility and delegated powers and duties and to take enforcement action in relation to a judgement obtained.

 Restrictions: The delegate must, before commencing proceedings:

a.  Obtain and consider legal advice on the merits of bringing legal proceedings

b   Give due consideration to whether or not proceedings are appropriate in the particular circumstances

c.  Obtain the approval of the officer to whom they report

d.  This power cannot be sub-delegated

Dog Control Act 1996

Power to commence or defend court proceedings under the Dog Control Act 1996 and to make any decision on any matter relating to such proceedings.

Restrictions:The delegate must, before commencing proceedings:

a.  Obtain and consider legal advice on the merits of bringing legal proceedings

b.  Obtain a report from the  Animal Control Coordinator and consider whether or not proceedings are appropriate in the particular circumstances

c.  This power cannot be sub-delegated

Disputes Tribunal

Power to lodge and/or defend a claim with the Disputes Tribunal, and to make any decision in relation to the matter, including, without limitation, nominating any council officer to attend, settling the matter within the delegate's Financial Authority and/or taking enforcement action in relation to the decision of the Tribunal.

Restriction: The delegate must obtain and consider legal advice on the merits of lodging an application with the Tribunal

Tenancy Tribunal

Power to lodge or respond to an application to the Tenancy Tribunal, to make any decision on any matter relating to such application, including, without limitation, settling a matter within the delegate's the limits of the officers financial/delegated financial authority.

Restrictions:  The delegate must, before making an application to the Tribunal:

a.  Obtain and consider legal advice on the merits of making an application

b.  In the case of the Secondary Delegate, obtain the approval of the officer to whom they report 

Summary Proceedings Act 1957 - Infringements

Power to commence proceedings under section 21 of the Summary Proceedings Act 1957 for infringement offences; to make any decision on any matter relating to such proceedings; and to take enforcement action in relation to a judgment obtained.

Mediation or Arbitration Proceedings

Power to commence and/or represent the Council at any mediation or arbitration proceedings on any matter that falls within that manager’s area of responsibility and/or delegated powers and duties, including without limitation, to make any decision in relation to the matter, nominating any council officer to attend, settling the matter within the delegates financial delegation and/or take enforcement action in relation to any interim measure/award obtained through arbitration.

Restrictions: The delegate must, before commencing proceedings:

a.   Obtain and consider legal advice on the merits of bringing legal proceedings

b.   Give due consideration to whether or not proceedings are appropriate in the particular circumstances

Statutory Tribunals - General

Authority to lodge and/or respond to an application made to any Statutory Tribunals that fall within that officer’s area of responsibility and delegated powers and duties and make any decision relating to such proceedings under a specific enactment (Act A-Z) and to take enforcement action in relation to a judgment obtained.

Restrictions:  The delegate must, before lodging an application:

a.  Obtain and consider legal advice on the merits of bringing legal proceedings

b.  In the case of Secondary Delegates, obtain the approval of the officer to whom they report

Environment Court

Power to commence and/or defend proceedings in the Environment Court through the Council’s legal advisors and to make any decision on any matter relating to such proceedings that fall within that manager’s area of responsibility and delegated powers and duties, including exercising the power to take enforcement action in relation to a judgment obtained.

Restrictions: The delegate must, before commencing proceedings:

a.   Obtain and consider legal advice on the merits of bringing legal proceedings

b.   Give due consideration to whether or not proceedings are appropriate in the particular circumstances

c.  Obtain the approval of the officer to whom they report

d.  This power cannot be sub-delegated

Employment Court

Power to to commence and/or defend proceedings in the Employment Court through the Council’s legal advisors and to make any decision on any matter relating to such proceedings that fall within that manager’s area of responsibility and delegated powers and duties, including exercising the power to take enforcement action in relation to a judgment obtained.

Restrictions: The delegate must, before commencing proceedings:

a.   Obtain and consider legal advice on the merits of bringing legal proceedings

b.   Give due consideration to whether or not proceedings are appropriate in the particular circumstances

c.  Obtain the approval of the officer to whom they report

d.  This power cannot be sub-delegated

 Māori Land Court

Power to to commence and/or defend proceedings in the Māori Land Court through the Council’s legal advisors and to make any decision on any matter relating to such proceedings that fall within that manager’s area of responsibility and delegated powers and duties, including exercising the power to take enforcement action in relation to a judgment obtained.

Restrictions: The delegate must, before commencing proceedings:

a.   Obtain and consider legal advice on the merits of bringing legal proceedings

b.   Give due consideration to whether or not proceedings are appropriate in the particular circumstances

c.  Obtain the approval of the officer to whom they report

d.  This power cannot be sub-delegated