Delegation by council
22 Delegation by council
Subject to subsection (2), a council, in writing, may delegate with or without conditions to the general manager, controlling authority, a council committee or a special committee, any of its functions or powers under this or any other Act, other than– this power of delegation, unless authorized by the council; and the powers referred to in subsection (3).
A council, in writing, may delegate any of the following powers only to the general manager or a council committee and only on condition that the council has determined appropriate policies and procedures to be followed in relation to those powers:the collection of rates and charges under Part 9; the postponement of rates and charges; the remission or rebate of rates and charges; the writing off of any debts owed to the council; the making of grants or the provision of benefits.
A council must not delegate any of its powers relating to the following:the borrowing of money or other financial accommodation; the determination of the categories of expenses payable to councillors and any member of any committee; the establishment of council committees, special committees, controlling authorities, single authorities or joint authorities; the revision of the budget or financial estimates of the council; the revision of the strategic plan and the annual plan of the council; the appointment of the general manager; the sale, donation, exchange or other disposal of land or public land; the decision to exercise any power under section 21(1); the making of by-laws; the making of rates and charges under Part 9; any other prescribed power.
The general manager is to – keep a register of any delegation; and make the register available for inspection at a public office.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.