Delegations to

Chief Executive

and Officers Manual 2015

June 2015

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Index

Delegations

Part A – Delegations from Council to the Chief Executive and Delegations from Council under

the Resource Management Act 1991 and the Local Government (Rating) Act 2002

1. General Principles of Delegation 2-4

2. Chief Executive Officer 5-7

3. Resource Management Act 1991 8-16

4. Local Government (Rating) Act 2002 17-19

Part B – Delegations from the Chief Executive to Officers

5. Financial Delegations

6. Tier Two Officers

7. Office of the Chief Executive (CE Department)

8. Human Resources (CE Department)

9. Legal Services (CE Department)

10. Emergency Management (CE Department)

11. Strategic Planning (P&D)

12. Customer Services (P&D)

13. Community & Recreation Services: Library (P&D)

14. Community & Recreation Services: Olympic Pool (P&D)

15. Community & Recreation Services: Parks & Community Property

(P&D)

16. Planning & Performance (P&D)

17. Commercial Operations (E&W)

18. Tairawhiti Roads (E&W)

19. Projects & Development (E&W)

20. Water Utilities (E&W)

21. Building Consents (E&R)

22. Resource Consents (E&R)

23. Enforcement (E&R)

24. Regulatory (E&R)

25. Shared Science Services (E&R)

26. Finance (F&I)

27. Information Services (F&I)

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General Principles of Delegation General Principles

1. Delegation means the assignment of a duty or power of action to another together with

the authority to carry out that duty or complete the action assigned with responsibility for

the outcome.

2. Authority and responsibility are inseparable. Those with responsibility for a task should

always have responsibility to carry it out effectively.

3. Unless specifically time-limited, a delegation continues in force until revoked, altered or

varied by the delegator or Council.

Council Delegation Principles

4. As many powers of Council as possible (within statutory limits) be delegated to the

Committee and Chief Executive level (who may then subsequently sub-delegate those

powers) to enable Council to focus on its governance role.

5. Council retains the right to also act in any matter where delegated authority applies; it

does not part with the function, duty or power being delegated. Council, the Chief

Executive and senior management retain ultimate accountability for the affairs of

Council. Council retains full responsibility for governance, statutory and financial powers,

duties and responsibilities and contract specifications at all times.

6. Where it is expedient for Council to delegate tasks to a Committee, that should be done.

Where Council is not able to delegate the power to make a decision it may still delegate

the power to make a recommendation. Governance functions will only be sub-

delegated to sub-groups of elected members and not to employees or contractors.

7. The following matters may not be delegated:

(a) The powers expressly excluded by Clause 32(1), Part 1, Schedule 7 of the Local

Government Act 2002;

(b) Any matter not permitted to be delegated by any other Act (for example the

approval of a policy statement or plan under the Resource Management Act

1991); and

(c) Any matter that can only be given effect to by a Council resolution.

Management Delegation Principles

8. Where activities do not contain a governance component and are not limited by

statutory restrictions then they should be delegated to the Chief Executive level,

whereupon they may be sub-delegated.

9. Management duties and responsibilities (including the management of Council finances

within the approved Long Term Plan (LTP) and management of contractor performance)

are the responsibility of the Chief Executive and senior management.

10. Council expects any decision it makes to be implemented without further reporting. Only

if an exception occurs should further reporting be necessary.

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Staff Delegations

11. A responsibility, duty or power delegated to an officer holding a named position or level

of authority is also delegated to all officers in a direct line of authority above that officer.

12. The exercise of a delegation is limited to those functions that an officer is responsible for

as described in their job description, position profile or team function.

13. A responsibility, duty or power delegated to an officer holding a named position is also

delegated to any officer who performs or exercises the same or a substantially similar role

or function, whatever the name of his or her position.

14. An officer who is delegated a responsibility, duty or power is also delegated any ancillary

responsibilities, duties or powers necessary to give effect to that delegation.

15. Responsibilities, duties or powers delegated to officers by the Chief Executive may not be

sub-delegated; nor may responsibilities, duties or powers delegated to officers (including

the Chief Executive) by the Council under the Resource Management Act 1991 or the

Local Government (Rating) Act 2002 be sub-delegated.

16. When an officer is exercising a delegation in an acting capacity, this should be expressly

stated.

17. An officer must comply with any conditions (such as financial limits, reporting and other

procedural requirements) relevant to the exercise of a delegated authority, and should

also comply where required with all applicable Council policies.

18. Delegated authority means that an officer may exercise the responsibility, duty or power,

but not that he or she should do so (either at all, or in a particular case). Whether or not it

is appropriate for an officer to exercise a delegated authority which they have will

depend on their job description and instructions in particular circumstances. Further,

where a delegated responsibility, duty or power may be exercised by an officer in more

than one department, those officers will be under the direction of the appropriate

departmental managers who will work to minimise any potential conflicts in the exercise

of that responsibility, power or duty.

19. Officers are obligated to keep their Managers, and where there is expected to be a level

of public interest, elected representatives, properly informed of activity arising within the

scope of each officer’s delegations.

Decision Making

1. All decisions made by Council, its Committees, or delegated to officers, must conform to

the Decision Making Processes of Sections 76-81 of the Local Government Act 2002 (or as

amended).

2. This includes express consideration of:

all reasonably practicable options and an assessment of each option against set

criteria (section 77), namely:

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- the benefits and costs in terms of the present and future interests of the district;

- the extent to which community outcomes would be promoted or achieved in an

integrated and efficient manner;

- the impact, if any, on Council’s capacity to meet present and future needs in

relation to any statutory responsibilities;

- any other matter considered relevant;

- the Significance and Engagement Policy and consistency with other policies;

- the purpose of local government and how the proposed activity meets the

current and future needs of communities for good quality local infrastructure,

local public services and performance of regulatory functions in a way that is

most cost-effective for households and businesses.

3. Where appropriate staff must include consideration of the above in reports which

recommend a decision by Council or its Committees.

4. If Council, or its Committees, wish to make a decision which is not one of the ones

recommended in staff report, then Councillors are obliged to consider their decision

against the above criteria.

Notes

1. All delegations contained in this manual need to be read in conjunction with:

General principles of delegation (page 2)

Resource Management Act 1991 delegations (page 8 )

Local Government (Rating) Act 2002 delegations (page 17)

Financial delegations (page 20)

Any relevant Team delegations

Risk Management Policy

Significance & Engagement Policy

Treasury Management Policy and Procedure Manual

Any other relevant policy

2. For the purposes of this Delegations Manual Council means the governing body of

the Gisborne District Council.

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Gisborne District Council Delegations:

Chief Executive Officer Adopted 25 June 2015

General Delegation

Delegation to the Chief Executive Officer

The Council delegates to the Chief Executive Officer all responsibilities, duties and powers to

act on any matter, subject to the restrictions set out in the General principles of delegation

(page 2), and excluding those matters in respect of which delegation is prohibited by any Act

or regulation, or which are expressly excluded from this delegation at Schedule 1 (page 6).

This delegation does not preclude the Chief Executive Officer from referring for any reason any

matter to the governing body or a committee (including a subcommittee) of the governing

body, for a decision.

This delegation includes the authority to sub-delegate to an appropriate officer or tier level

except where delegation is prohibited by any Act or regulation provided these del egations

are along good business practice and are separately recorded.

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Schedule 1 - Exclusions

The Chief Executive Officer may exercise her or his delegated powers within the following

financial limits and is excluded from exercising her or his delegated powers above those limits.

- Power of the Chief Executive alone to commit the Council to financial transactions (or projects

consisting of multiple transactions) relating to goods, serv ices, real estate, gifts, grants, guarantees,

indemnities and the disposal of assets up to $1,000,000 (as prov ided for in estimates). This power

includes authority to terminate such transactions or to vary them so long as the new total does not

exceed $1,000,000.

Conditional on:

expenditure being broadly budgeted for. Council acknowledges the Chief Executive’s goal is

to m eet overall budget and variations within budget are perm issible so long as the overall

budget goal is m et (subject to legislative restrictions);

com pliance with the procedures identified in any relevant financial authority m anual in relation

to each transaction;

each transaction m aterially over budget being reported to the com mittee responsible for

finance m atters by way of a schedule m aintained for that purpose. (NOTE: “m aterially over

budget” in this context m eans 10% of the budgeted expenditure but does not include

expenditure under $30,000).

- Contractual authority for payment of interest or debentures up to $30,000,000.

- Authority to commit expenditure not included in the budgeted expenditure up to a maximum of

$100,000 per item and shall report any such expenditure over $30,000 to Council by way of a schedule

and explanation at the next available opportunity.

- Has all financial delegations held by other staff including those set out in the current Treasury

Management Policy.

General limitations

- The Chief Executive’s employment agreement including the performance agreement are to be

complied with.

- Relevant Council policies including the Executive Limitations Policy and the Sensitive Expenditure

Policy are to be complied with.

- Exercise of all delegations shall be in accordance with the law including the Local Government Act

2002, the Local Government (Rating) Act 2002 and the Resource Management Act 1991.

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Specific powers to note

Trespass Notices

Authority to issue notices under the Trespass Act 1980 (sections 3 and 4) as occupier on behalf of Council.

Deputy Chief Executive

The Chief Executive shall appoint a Deputy Chief Executive to be the acting Chief Executive in the Chief

Executive’s absence from time to time. The acting Chief Executive may exercise and perform any of the

responsibilit ies, duties and powers of the Chief Executive.

Succession in an emergency

In the event of both the Chief Executive and the Deputy Chief Executive being absent from work as a

consequence of an emergency situation the following officers are appointed as Chief Executive in the

following order of precedence:

1. Nedine Thatcher Swann

2. Kevin Strongman

3. Barry Vryenhoek

Power to issue warrants of appointment

Authority to sign and issue warrants of appointment under seal to:

1. Enforcement officers.

2. Any persons legally authorised to enter private land on behalf of Council;

3. Any persons authorised to exercise a responsibility, duty or power of Council or to carry out any

of Council’s regulatory functions (including the enforcement of bylaws); and

4. Any persons to whom the Council is legally required or to whom it is appropriate for the Council

to prov ide a warrant of appointment.

The Council has determined that there are no circumstances in which the Council wishes to limit or restrict

the exercise of the power, impose conditions on the exercise of the power, or prohibit, in specified

circumstances, the exercise of the power.

Note: The Chief Executive’s power to execute deeds is contained in a separate power of attorney dated

30 April 2012.

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Gisborne District Council Delegations:

Resource Management Act 1991

Adopted 25 June 2015

Note that the Resource Management Act 1991 prevents the Chief Executive from sub-

delegating powers etc under that Act. The following are separate Council delegations

direct to officers under that Act.

General Delegation

The Council delegates all powers, duties and functions under the Resource Management Act

1991 (RMA) to the Chief Executive and the Officers listed at Schedule 1 (page 9) and subject

to the restrictions set out in Schedule 2 (RMA)(page 10) and the General principles of

delegation (page 2), and excluding those matters in respect of which delegation is prohibited

by any Act or regulation, or which are expressly excluded from this delegation.

This delegation does not preclude the Council from referring any matter to a committee

(including a subcommittee) of the governing body for a decision for any reason.

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Schedule 1 – Officers

Description of role Level of Authority

Chief Executive. Tier 1

Group Manager – Planning and Development

Group Manager – Env ironmental and Regulatory Serv ices

Tier 2

Consents Manager (CM)

Enforcement Manager (EM)

Regulatory Manager (RM)

Shared Science Serv ices Manager (SSSM)

Strategic Planning Manager (SPM)

Chief Building Specialist (CBS)

Chief Science Specialist (CSS)

Tier 3

Any tier 4 manager/officer in the following sections:

Building Consents Team

Enforcement Team

Regulatory Team

Resource Consents Team

Shared Science Serv ices Team

Strategic Planning Team

Tier 4

Council officers reporting directly to tier 4 Council officers in the following sections:

Building Consents Team

Enforcement Team

Regulatory Team

Resource Consents Team

Shared Science Serv ices Team

Strategic Planning Team

Tier 5

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Schedule 2 – Scope of delegated RMA functions, powers and

duties: Restrictions/limitations

The following functions, powers or duties may only be exercised by:

an Officer having the specified level of authority or higher in the following teams:

Building Consents Team

Enforcement Team

Regulatory Team

Resource Consents Team

Shared Science Services Team

Strategic Planning Team.

General functions, powers and duties Minimum level of authority required

Legal

Power to decide whether to commence or defend Environment Court actions.

Conditional on consultation with the Chief Executive and Mayor and Manager of

Legal Serv ices or external counsel and reporting any court action taken to the

relevant committee.

Tier 2

Power to decide whether to initiate High Court, Court of Appeal or Supreme Court

proceedings on points of law arising from a judgement of the Environment Court.

Conditional on consultation with the Chief Executive and Mayor and Manager of

Legal Serv ices or external counsel and reporting any court action taken to the

relevant committee.

Tier 2

Power to make decisions with regard to district plan appeals, and appeals against

requiring authority or heritage protection authority decisions (Env ironment Court).

Tier 2

Power to decide whether to prosecute for enforcement of resource management

breaches. Conditional on consultation with the Group Manager – Env ironmental and

Regulatory Serv ices.

Tier 3

Power to agree with a party believed to be liable to the Council, the terms for

settlement of a matter that would otherwise be determined by the Environment

Court, up to a value of $200,000. Conditional on consultation with the Chief Executive

and Mayor and Manager of Legal Serv ices or external counsel and reporting any

settlements to the relevant committee.

Tier 2

Power to agree with a party believed to be liable to the Council, the terms for

settlement of a matter that would otherwise be determined by the Environment

Court, up to a value of $50,000. Conditional on consultation with Group Manager

Env ironmental and Regulatory Serv ices and reporting any settlements to the relevant

committee.

Tier 3

Regulatory

Power to initiate oil spill prosecutions (under RMA) Tier 2

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RMA functions, powers and duties

Minimum level of

authority required

Duties and Restrictions (Part 3)

Power to grant an extension to existing use rights: s10(2)(b). CM, CBS

Functions, Powers and Duties of Local Government (Part 4)

Power to require additional charges and remit charges: s36(3) and 36(5). Tier 4

Power to prov ide estimate of any additional charges: s36(3A). Tier 4

Power to waive requirements or allow extension of time limits: s37. Tier 4

Power to authorise any officer to be an enforcement officer: s38. Tier 2

Duty to prov ide a copy of any further information requested and received before

the hearing, to the applicant and every person who made a submission, as

directed in the Act: s41C(5).

Tier 4

Power to make sensitive information orders: s42. Tier 4

Power in relation to requiring or commissioning a report on any matter described in

section 39(1): s42A. Tier 3

Power to waive requirement to send officer report: s42A Tier 4

Standards, Policy Statements and Plans (Part 5)

Power to amend a plan or proposed plan in recognition of national environmental

standards: s44A Tier 4

Power to apply to Env ironment Court for a rule to have legal effect from a date

other than standard date: s86D(2) Tier 3

Resource Consents (Part 6)

Power to decide how to proceed with requests to have the Environment Court

determine the resource consent application and to prepare report: s87E Tier 2

Power to make resource consent application on behalf of Council. Power to

authorise a person to make an application on Council’s behalf for a resource

consent prov ided that the application falls within the scope of the Delegate’s

position, description and role: s88

Tier 3

Power to make determination on initial receipt of application as to adequacy and

whether to accept for processing: ss88, 149Z Tier 4

Power to defer application pending additional applications: s91. Tier 3

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RMA functions, powers and duties

Minimum level of

authority required

Power to commission a report in relation to an application: s92(2) Tier 3

Power to make all determinations required under the relevant sections: ss95, 95A-

95G. Tier 3

Power to determine to hold pre-hearing meeting: s99 Tier 4

Power to determine that member, delegate or officer attending pre-hearing

meeting should not be disqualified to make decision: s99(4). Tier 2

Power to refer matters to mediation prior to hearing: s99A. Tier 3

Power to determine that a formal hearing is not necessary: s100. Tier 3

Power to determine to hold or not hold a joint or combined hearing: ss102, 103. Tier 2

Power to determine non-notified applications for resource consents, and limited and

public notified applications for resource consents in respect of which no hearing is to

be held. This power excludes those cases giv ing rise to significant scale, complexity

or controversy: ss 104,104A-D, 105,106, 107, 108, 108A, 149Z, 220, 405A, 406, 407, 409.

Tier 3

Power to appeal resource consent decision of another consent authority: s120. Tier 2

Power to decide whether operations can continue under original resource consent

while applying for renewal: s124. Tier 3

Power to decide whether to extend period before a resource consent lapses: s125. Tier 3

Power to cancel un-exercised consents or revoke notice of cancellation and state

period after which new notice may be served: s126. Tier 4

Power to change or cancel consent condition and to determine who is adversely

affected: ss127, 149Z. Tier 3

Power to initiate, approve and determine rev iew of consent conditions: ss 128-132 Tier 3

Power to determine resource consent should be cancelled: s132(3) and (4). Tier 2

Power to approve transfer of water permits and discharge permits: ss136,137 Tier 4

Power to refuse or accept full or part surrender of a resource consent: s138. Tier 3

Power to serve notice of intention to rev iew coastal permit: s138A. Tier 4

Power to issue certificate of compliance or existing use certificate: ss139, 139A. Tier 3

Proposals of National Significance (Part 6AA)

Power to exercise all functions, duties and powers vested in Council under relevant

sections: ss 142-149ZD Tier 2

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RMA functions, powers and duties

Minimum level of

authority required

Occupation of Common Marine and Coastal Area (Part 7A)

Power to refuse to receive an application for a water permit: s165D Tier 4

Power to determine application for coastal permit: s165E. Tier 2

Power to request Minister approve allocations for space: s165L. Tier 2

Power to request Minister revoke or amend an approval to use a public tender: s165O Tier 2

Powers under ss 165X, 165Y, 165ZB, 165ZF, 165ZU, 165ZW, 165ZFE

No delegation.

Power rests with

Council

Designations and Heritage Orders (Part 8)

Power to determine notice of requirement for designation by Council: ss168A, 149Z. CM, CBS

Power to process notice of requirement for designation to Council: s169. Tier 3

Power to consider a requirement and submissions received and to make a

recommendation to the requiring authority: s171 CM, CBS

Power to appeal decisions on notice of requirement (other than Council’s): s174. Tier 2

Power to submit outline plan, waive requirement for outline plan, or request changes

to outline plan: s176A(1) and (2) and (4). Tier 3

Power to appeal against decision of requiring authority regarding out line plan:

s176A(5). Tier 2

Power to alter a designation and decline to remove part of a designation: ss181,

182(5), 149Z. CM, CBS

Power to fix a longer time for the expiry of a designation: s184 CM, CBS

Power to fix a longer time for Council’s own designation: s184A CM, CBS

Power to consent to setting apart of Council held land for work of a network utility

operator: s186(4). Tier 2

Power to process, determine notification and decide on notice of requirement for

heritage order and make recommendation on notice of requirement: ss 189A, 190,

191, 149Z

CM, CBS

Power to consent to do anything that would wholly or partly nullify the effect of a

heritage order (where Council is the relevant heritage protection authority): s193

No delegation.

Power rests with

Council.

Power to alter heritage order (applies to applications to and by Council): s195A, 149Z CM, CBS

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RMA functions, powers and duties

Minimum level of

authority required

Power to determine request: s198C CM, CBS

Power to prepare and serve report on requirement: s198D CM, CBS

Power to file s274 notice in respect of notice of motion lodged with the Environment

Court: s198E(4). Tier 2

Power to refer a requirement to the Environment Court for decision: s198H. Tier 2

Power to determine requirement, prepare report and suggested conditions, serve

submitters: ss 198J, 198M. Tier 2

Power to lodge and serve notice of motion and supporting affidavit with Env ironment

Court: s198K. Tier 2

Water Conservation Orders (Part 9)

Power to make submissions to special tribunal or Env ironment Court on a proposed

water conservation order: ss205, 209 Tier 2

Subdivision and Reclamations (Part 10)

Power to sign, vary or cancel consent notice: s221. CM, CBS

Power to accept a bond for completion of consent conditions and all powers given

to a territorial authority in relation to completion certificates: s222. CM, CBS

Power to approve or decline a survey plan, and issue a certificate that survey plan

approved under s223: ss223, 237, 240, 243. CM, CBS

Power to approve the issue of and sign completion certificate: s224. CM, CBS

Power to issue certificate confirming allotments in accordance with district plan

provisions and statutory documents: s226. CM, CBS

Power to process and determine application to vary or cancel instrument creating

esplanade strip: s234. Tier 3

Power to create esplanade strip by agreement and to endorse Council’s consent on

the instrument: s235. CM, CBS

Power to approve or decline survey plans where esplanade reserves or esplanade

strips required and to endorse memorandums on survey plans: s237 CM, CBS

Power to agree to acquire easement for access strip or vary or cancel an easement

for an access strip and to execute the instrument on Council’s behalf: s237B. CM, CBS

Power to transfer esplanade reserve to the Crown: s237D. Tier 2

Power to agree to the appointment of a registered valuer and to accept or object

to the registered valuer’s determination of compensation: s237H. Tier 2

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RMA functions, powers and duties

Minimum level of

authority required

Power to approve and endorse survey plan where covenant entered into; power to

execute on Council’s behalf a covenant against transfer of allotments; power to

cancel a covenant in whole or part relating to the transfer of allotments; power to

sign memorandum of cancellation or certificate: s240

CM, CBS

Power to endorse amalgamation condition on survey plan; power to approve

indiv idual disposal of separate parcels of land included in a tit le; power to cancel an

allotment condition (in whole or in part); power to sign a memorandum of

cancellation or a certificate: s241

Tier 3

Power to consent to surrender, transfer, merger or variation of easement; power to

revoke in whole or part condition requiring easement to be created; power to sign

memorandum of cancellation or certificate: s243

Tier 3

Environment Court (Part 11)

Power to give notice of intention to become party to proceedings. Conditional on

consultation with the Chief Executive: s274 Tier 2

Power to apply to Env ironment Court for rehearing of proceedings. Conditional on

consultation with the Chief Executive: s294 Tier 2

Power to initiate and file notice of appeal to High Court. Conditional on consultation

with the Chief Executive: ss299,300 Tier 2

Act not to be used to oppose trade competitors (Part 11A)

Power to commence proceedings for declaration person(s) in contravention of Part

11A. Conditional on consultation with the Chief Executive: s308G Tier 2

Power to commence proceedings for damages in the High Court. Conditional on

consultation with the Chief Executive: s308I Tier 2

Declarations, enforcement, and ancillary powers (Part 12)

Power to apply to Env ironment Court for declaration, enforcement order, or interim

enforcement order. Conditional on consultation with the Group Manager

Env ironmental and Regulatory Serv ices: ss311, 316, 320.

Tier 3

Power to cancel or change an abatement notice: s325A. Tier 3

Power to issue water shortage directions: s329. CSS

Power to determine to and authorise the taking of preventative and/or remedial

action in an emergency: s330. Tier 4

Power to seek an enforcement order from Environment Court to recover costs or

compensation for emergency works. Conditional on consultation with the Chief

Executive: s331

Tier 2

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RMA functions, powers and duties

Minimum level of

authority required

Power to apply for warrant for entry for search: s334. Tier 4

Power to determine whether to return property seized under ss323 and 328; power to

determine whether Council’s costs; power to determine to dispose of seized

property, give notification and apply the proceeds: s336

Tier 3

Power to lay a charging document in respect of an offence: s338. Tier 3

Power to commence proceedings in respect of an infringement offence: s343C Tier 3

Miscellaneous provisions (Part 14)

Power to extend fixed period: s353. Tier 3

Power to apply for a right, tit le or interest in reclaimed land to be vested in Council.

Conditional on consultation with the Chief Executive: s355 Tier 2

Power to consider and determine any objection to an officer’s decision when the

objection can be wholly upheld or agreement is reached with the applicant on

partial upholding of the objection: ss357-357D.

Tier 2

Transitional provisions (Part 15)

Power to request information regarding exercise of resource consent: s388 Tier 4

Preparation, change and review of policy statements and plans (Schedule 1)

All powers under Schedule 1 Tier 4

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Gisborne District Council Delegations:

Local Government (Rating) Act 2002

Adopted 25 June 2015

Note that the Local Government (Rating) Act 2002 prevents the Chief Executive from

sub-delegating powers etc under that Act. The following are separate Council

delegations direct to officers under that Act.

General Delegation

The Council delegates all powers, duties and functions under the Local Government (Rating)

Act 2002 (LGRA) to the Chief Executive and the Officers listed in Schedule 1 (page18) subject

to the restrictions set out in Schedule 2 (LGRA) (page19) and the General principles of

delegation (page 2), and excluding those matters in respect of which delegation is prohibited

by any Act or regulation, or which are expressly excluded from this delegation.

This delegation does not preclude the Council from referring any matter to a committee

(including a subcommittee) of the governing body for a decision for any reason.

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Schedule 1 – Officers

Description of role Level of Authority

Chief Executive. Tier 1

Chief Finance and Information Officer

Tier 2

Finance Manager

Tier 3

Revenue Team Leader

Tier 4

Senior Revenue Officer Analyst Tier 5

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Schedule 2 – Scope of delegated LGRA functions, powers and

duties: Restrictions/limitations

The following functions, powers or duties may only be exercised by an Officer having the

specified level of authority or higher in the following team:

Finance

Local Government (Rating) Act 2002

Power to commence legal proceedings for the recovery of rates that are in default.

Conditional on consultation with the Chief Executive: s63. Tier 2

Power to commence rating sale or lease provisions. Conditional on consultation with

the Chief Executive: s67. Tier 2

Power to sell or lease by private treaty. Conditional on consultation with the Chief

Executive: s72. Tier 2

Power to refuse any tender, put abandoned land up for sale or lease as required, bid

at public auction, and buy land. Conditional on consultation with the Chief Executive:

ss77-83.

Tier 2

Power to register a notice of charge on a rating unit if the requirement to pay rates for

the rating unit under section 87(1) has been postponed: s90(1). Tier 3

Duty to register a notice of release of charge if all postponed rates for a rating unit are

paid: s90(4). Tier 3

Power to apply to the Maori Land Court to obtain a charging order to administer the

land for the purpose of recovering the rates. Conditional on consultation with the Chief

Executive: s99 and s108.

Tier 2

Power to cancel election for lump sum contribution payment or recover amount owing

in a situation of late or non-payment: s117N(2). Tier 3

Power to sign documents as correct copies for the purpose of Court or Tribunal

proceedings: s135. Tier 2

Power to make decisions under Rates Remission and Postponement policies (ss85, 87,

114, 115) is delegated to all officers listed at Schedule 1 – see LTP for relevant policies.

Power to make decisions under the Excess Water Rates Remission policy is delegated

to a staff committee comprised of the Water Asset Engineer and the Chief Finance and

Information Officer – see LTP for relevant policy.

.

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