Local Government Act 2019

(b) if power to incur financial liabilities is delegated – the council must, by resolution, fix reasonable limits on the delegate's authority; and

(c) a delegation cannot duplicate or derogate from the CEO's functions (including delegated functions); and

(d) subject to subsections (4) and (5), power to enter into a transaction on conditions that are not arm's length conditions cannot be delegated; and

(e) subject to subsections (4) and (5), power to make a decision that requires a council resolution cannot be delegated.

(a) the power to enter into a contract may only be delegated to the CEO; and

(i) the contract must be below the threshold value determined by the council under subsection (6)(a); and

(ii) if the value of the contract is above the reporting threshold determined by the council under subsection (6)(b), the CEO must, within a reasonable period after exercising the delegation, table at a council meeting a report in relation to the contract containing the information required by the Council; and

(iii) the delegation may permit the CEO to subdelegate the power to enter into a contract to a council staff member.

(a) the power to enter into a transaction on conditions that are not arm's length conditions if the transaction will provide a community benefit;

(b) the power to waive a fee for service (wholly or partly) under section 289(4) if the waiver will provide a community benefit.

Note for subsection (4)(b)

A decision to waive a fee for service (wholly or partly) under section 289(4) requires a council resolution.

(5) A delegation under subsection (4) must be in accordance with the regulations and any guidelines that the Minister may make.

(6) A council must, within the first 6 months of its term, determine, by resolution:

(b) the reporting threshold for a contract for subsection (3A)(b)(ii).

(6A) Despite subsection (2), a council, as the responsible entity for a public cemetery or a community cemetery, may only delegate the powers and functions of the responsible entity under the Burial and Cremation Act 2022 to a local government subsidiary.

(6B) Despite this section, the regulations may provide that a power or function of the council under the regulations:

(b) may only be delegated to certain persons or bodies or on certain conditions.

arm's length conditions means the conditions that might be expected to operate between commercial entities dealing wholly independently with one another in comparable circumstances.