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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:

  1. The setting of statutory or governance policies;
  2. The setting of fees and charges; and
  3. Any power already delegated to a committee, subcommittee, other subordinate decision-making body or community board.