(1) A Council may by instrument of delegation delegate to—
(a) the members of a delegated committee; or
(b) the Chief Executive Officer—
any power, duty or function of a Council under this Act or any other Act other than a power, duty or function specified in subsection (2).
(2) The following are specified for the purposes of subsection (1)—
(a) the power of delegation;
(b) the power to elect a Mayor or Deputy Mayor;
(c) the power to grant a reasonable request for leave under section 35 ;
(d) subject to subsection (3), the power to appoint the Chief Executive Officer, whether on a permanent or acting basis;
(e) the power to make any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;
(f) the power to approve or amend the Council Plan;
(g) the power to adopt or amend any policy that the Council is required to adopt under this Act;
(h) the power to adopt or amend the Governance Rules;
(i) the power to appoint the chair or the members to a delegated committee;
(j) the power to make, amend or revoke a local law;
(k) the power to approve the budget or revised budget;
(l) the power to borrow money;
(m) subject to section 181H(1)(b) of the Local Government Act 1989 , the power to declare general rates, municipal charges, service rates and charges and special rates and charges;
(n) any power, duty or function prescribed by the regulations for the purposes of this subsection.
(3) A Council may delegate to the Chief Executive Officer the power to appoint an Acting Chief Executive Officer for a period not exceeding 28 days.
(4) A delegation may be made subject to any conditions or limitations specified in the instrument of delegation.
(5) A delegation that includes the power to enter into a contract or make any expenditure must specify a maximum monetary limit that cannot be exceeded.
(6) A member of a delegated committee to whom a delegation is given under subsection (1)(a) can only exercise the delegation while acting as a member of the delegated committee at a meeting of the delegated committee.
(7) A Council must review, within the period of 12 months after a general election, all delegations which have been made under this section and are still in force.
(8) A Council must keep a public register of delegations made under this section.
(9) Unless sooner revoked, a delegation made by a Council under the Local Government Act 1989 continues in force until 1 September 2020.
Note
See section 47 for the power of delegation of a Chief Executive Officer.
Division 2—Constitution of a Council