Welcome to the Whanganui District Council delegations register.
Delegations are the way Council empowers its officers to perform select legislative functions. Some delegations are direct delegations from Council to officers and some are first delegated from Council to the Chief Executive, and then sub-delegated to officers. To avoid doubt, please see FAQ ‘How do I know if a delegation is a delegation direct from Council…’
This register is maintained by the General Counsel who may authorise changes only to give effect to any Council resolution, any change to sub-delegations authorized by the Chief Executive, or make typographical or grammatical corrections.
The following policies explain the rules relating to the way in which delegations (including sub-delegations) apply and operate in the Council.
DELEGATIONS POLICY
1.0 General Comments
1.1 The Council supports the principle of delegating decision-making to the lowest competent level. This makes best use of the abilities of elected members and staff, 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.
1.2 Unless expressly provided otherwise in the Local Government Act 2002, or in any other Act, the Council is able to, and will, delegate to a committee or other subordinate decision-making body, community board, or member or officer of the Council any of its responsibilities, duties or powers except the power to:
- make a rate; or
- make a bylaw; or
- borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or
- adopt a long-term plan, annual plan, or annual report; or
- appoint a chief executive; or
- 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; or
- the power to adopt a remuneration and employment policy.
1.3 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 subcommittee or person, subject to any conditions, limitations, or prohibitions imposed by whichever body made the original delegation. It may also delegate to any other local authority, organisation or person the enforcement, inspection, licensing and administration related to the Council's bylaws and other regulatory matters.
1.4 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.
1.5 Any delegation made includes any ancillary responsibilities, duties or powers necessary to give effect to that delegation.
1.6 Unless specifically time- limited, a delegation will continue in force until specifically revoked, or varied by the delegator or the Council.
1.7 Unless a valid delegation in respect of a matter has been made and included in the Delegations Register including the Whanganui District Council
Council and Committee Terms of Reference, any decision required in respect of that matter can only be made by the Council at an ordinary or extraordinary meeting.
1.8 Unless otherwise expressly stated in this Delegations Register, all financial values stated in this document are GST exclusive.
2.0 Chief Executive
2.1 Whanganui District Council is a local authority under the Local Government Act 2002. Elected members and the Mayor make up the Council's governing body, which is responsible and democratically accountable for decision-making.
2.2 The governing body appoints only one employee, the Chief Executive. He or she negotiates the terms of employment and employs all Council staff. The Chief Executive is the Council's principal administrative officer.
2.3 The Chief Executive is responsible for implementing the decisions of the Council and ensuring that all responsibilities, duties and powers delegated to him or her, 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.
2.4 The Chief Executive may delegate to any other officer of the Council any of his or her powers under the Act, or any other statute, except the power to delegate or any power that is subject to a prohibition on delegation. Further sub- delegations are not permitted under the Local Government Act 2002.
3.0 Committees, Sub-Committees, other Subordinate Decision-Making Bodies and Joint Committees
3.1 The Council may appoint the committees, sub-committees, and other subordinate decision-making bodies that it considers appropriate. It may also appoint a joint committee with another local authority or other public body.
3.2 Any of the Council's responsibilities, duties or powers other than those referred to in clause 1.2 above may be delegated to a committee, sub-committee or other subordinate decision-making body.
3.3 A committee or other subordinate decision-making body may appoint the sub-committees that it considers appropriate unless the Council prohibits it from doing so.
3.4 Committees or other subordinate decision making bodies are subject in all things to the control of the Council. They must carry out all general and special directions of the Council given in relation to them. Sub-committees are subject in the same way to the committees that appointed them.
3.5 The Council or a committee is not entitled to rescind or amend a decision made under a delegation authorising the making of a decision by a committee, a sub-committee, or another sub-ordinate decision-making body.
3.6 All such bodies are, unless the Council resolves otherwise, deemed to be discharged on the coming into office of elected members at the next triennial election next after the committees, sub-committees, or other sub-ordinate bodies were appointed. Unless such a resolution is made, delegated powers may lapse by operation of this provision.
3.7 Committees or other subordinate decision-making bodies, may delegate any of their responsibilities, duties or powers (other than those referred to in clause 1.2) to a sub-committee or person, subject to any conditions, limitations, or prohibitions imposed by the Council or by the committee or body or person that made the original delegation.
3.8 These entities may, without confirmation by the Council or committee or body that made the delegation, exercise those delegations in the same way as the Council could have done.
4.0 Member and Officer Delegations
4.1 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" in relation to a community board, means a member appointed or elected to that board and in relation to a local authority means a member of the governing body of the Council, including the Mayor.
4.2 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 clause1.2. Such delegations may be further delegated to another person, subject to any conditions, limitations, or prohibitions imposed by the Council or by the committee, body or person that made the original delegation.
4.3 An officer may delegate to another officer of the Council any of his or her powers delegated by the Council to that officer, except:
- the power to delegate; or
- any power delegated to the officer that is subject to a prohibition on delegation; or
- any power under an enactment where the enactment expressly prohibits the delegation of the power.
4.4 Effectively, this means that only one sub-delegation is permitted.
4.5 An officer to whom any responsibilities, duties or powers are delegated may exercise them in the same way and with the same effect as the delegating officer could have done.
4.6 If not specified in the Delegations Register, delegations to an officer holding a named position may be exercised by all officers in a direct line of authority above that officer. This applies also to any officer who performs or exercises the same or a substantially similar role or function, whatever the name of his or her position.
4.7 A delegated authority must be exercised in accordance with all relevant Council policies and conditions, such as financial limits and process and reporting requirements.
4.8 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 or she is exercising the delegation in an acting capacity.
4.9 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, with or without modification, under any replacement or corresponding legislation.
4.10 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, may not be sub-delegated.
4.11 The delegation of a responsibility, duty or power is the granting of authority to exercise that responsibility, duty or power, not a compulsion to do so (either at all or in a particular case). Whether or not to exercise a delegated authority may depend on the circumstances of a particular matter or the job description of the officer concerned. Where the authority is granted to a number of officers employed in different units of the Council, it will be up to the unit managers concerned to ensure that the authority is exercised consistently across all of those units.
4.12 Each Part of the Delegations Register will specify whether the delegations can be exercised severally (i.e. the delegation can be exercised by the officer acting alone) or whether they must be exercised jointly (i.e. two or more officers acting together).
FINANCIAL DELEGATIONS POLICY
Application: All staff of Whanganui District Council; Date of issue: 27 October 2011; Issued by: Chief Executive; Updated: November 2019.
Purpose
The purpose of this policy is to define financial delegated authority and provide guidelines on its application. Each employee is responsible for ensuring they understand and comply with the authority delegated to them.
This policy covers:
- General principles for the use of financial delegated authority
- Authority for expenditure commitment and approvals for payment
This policy should be read in conjunction with the Delegations Register.
General principles for the use of financial delegated authority
Overarching principle
This policy applies to authority for expenditure according to approved budgets as detailed and approved by Council in the Annual Plan. Expenditure occurring outside the approved budget for a financial year must be approved by the groups general manager and if the expenditure is greater than $50,000 it is required to be approved by the Chief Executive and reported to the Council by way of the quarterly new forecasts process. Unbudgeted expenditure over $200,000 requires prior approval from Council.
Financial delegation process
Ultimate responsibility for implementing the direction of the business and trading affairs of Council rests with the Chief Executive. The Chief Executive is granted financial delegation by the Council and for the efficient and effective operation of Council the Chief Executive delegates financial authority to management or staff as appropriate. These delegations are to enable performance and achievement of the goals as set out in the Council’s plans. All requests for new or changing delegations must be sent to the General Manager Finance.
Delegation to others
Financial delegations must not be passed on to others or changed in any way, unless explicitly authorised. An email must be sent to the General Manager Finance for approval prior to the delegate going on leave.
Conflict
Where there is conflict between this policy and any other policy approved by the Council or Chief Executive, the other policy will take precedence only where this is specifically stipulated in the other policy. Any dispute between this policy and any other policy should be notified to the General Manager Finance.
Fiscal prudence
Management and employees must operate within the constraints of the applicable Council budget and must be able to account for and explain any expenditure incurred. See also Council’s Sensitive expenditure guidelines.
Policy review
This policy will be reviewed on an annual basis by the General Manager Finance. The Chief Executive may wholly or partly revoke or modify this policy and the delegations at any time.
Position descriptions
Position descriptions should NOT include a financial delegation and should refer to this policy.
Authority for expenditure commitment and approvals for payment
Expenditure commitment is the point where a liability is incurred on Council, for example, the issue of a purchase order to a supplier.
Unless specifically stated otherwise, the financial delegated authority can be exercised for budgeted expenditure only. Budgeted expenditure refers to expenditure which has been approved by Council in the Annual Plan or Year One of the Long Term Plan or by Council resolution. Please note Years Two onward of the Long Term Plan is not approved budgeted expenditure for the purposes of this Policy.
Expenditure related to a person such as travel and entertainment or other sensitive expenditure must be approved by the employees one-up manager. The Chief Executive’s personal expenditure is to be approved by the Mayor. See also Council’s Sensitive expenditure guidelines.
Financial delegation of authority holders should be Council employees only. In rare circumstances, an approved and named Council contractor may be delegated financial authority where it is essential for the effective and efficient operation of Council. Any delegation of authority to a contractor must be in writing and signed and dated by an Executive Leadership team member. The delegation must detail the limit of the financial delegation and the specific purpose for that delegation.
Commitments/Contracts with multiple payments
Where a commitment has been entered into, or a contract signed, the total value of the commitment/contract must be taken into account when considering the relevant financial delegation. For example, a three year contract requiring monthly payments of $1,200 has a total value of $43,200 (36 months x $1,200). Providing this expenditure is within an approved budget, only those with financial delegations above $43,200 have the authority to commit to this expenditure. Commitments includes such arrangements as leases and rentals.
Payment through bank Direct Debit
A direct debit gives a supplier of goods/services the authority to withdraw funds from Council’s bank account. The amount withdrawn can be altered by the supplier without prior approval from Council’s normal bank signatories. Due to this lack of control, direct debits are generally not the preferred method of payment by Council. Where a contract or commitment is entered into which results in either a new direct debit being entered into by Council, or an increase in an existing direct debit, approval must first be obtained by the General Manager, Finance
Tenders Board
Commitments and contracts approved by the Tenders Board do not require separate authority. The Chief Executive approves all tenders. The Chief Executive delegates an Engineer / Principal to the Contract who manages and is delegated to sign contract payments. This person is deemed by the Chief Executive to be suitably qualified and would normally have a delegated authority but may sign off higher amounts produced from Tenders Board decisions. See also Council’s Sensitive expenditure guidelines.
Chief Executive
There is no limit for loan repayments and interest payments in accordance with the Liability Management policy; investment of funds in accordance with the Investment policy; insurance commitments; transfers between bank accounts; fortnightly payroll; PAYE payments and other employee related tax payments; GST payments; contract commitments required as a result of Tenders Board decisions and; the signing of lease commitments. The Chief Executive may settle insurance claims up to $5,000.
General Manager Finance
The General Manager Finance has authority to amend the Financial Delegations Table, below, in respect of all staff below the level of General Manager.
General Manager Finance and Senior Finance Officer
There is no limit for loan repayments and interest payments in accordance with the Liability management policy; investment of funds in accordance with the Investment policy; insurance commitments; transfers between bank accounts (including Petrol tax); fortnightly payroll; PAYE payments and other employee related tax payments and GST payments.
Emergencies
Under review.
Related documents and policies
- Procurement policy
- Sensitive expenditure guidelines
- Council Delegations Register
HUMAN RESOURCES DELEGATIONS POLICY
Pursuant to section 42 of the Local Government Act 2002, the Chief Executive is responsible to the Council for:
(a) employing the staff of the Council and negotiating the terms of employment; and
(b) ensuring, so far as is practicable, that the management structure of the Council:
- reflects and reinforces the separation of regulatory responsibilities and decision-making processes from other responsibilities and decision-making processes; and
- is capable of delivering adequate advice to the Council to facilitate the explicit resolution of conflicting objectives.
In addition, the Council’s General Delegation to the Chief Executive grants the Chief Executive a number of powers relating to the appointment and authorisation of Council employees and other persons (including the appointment of statutory officers and the signing and issuing of warrants of appointment).
Pursuant to the above authority, the Chief Executive has made the delegations specified in this Delegation Instrument.
NOTE: The powers of the Chief Executive that are specified in this Delegation Instrument have been included for reference purposes and were not made by this Delegation Instrument.
Explanatory Note: By virtue of section 12 of the Interpretation Act 1999, the power to appoint a person to an office includes the power to:
(a) Remove or suspend a person from the office;
(b) Reappoint or reinstate a person to the office;
(c) Appoint another person in place of a person who:
(i) has vacated the office; or
(ii) has died; or
(iii) is absent; or
(iv) is incapacitated in a way that affects the performance of that person's duty.