Sections 257–260 of the Local Government Act 2009 provide a broad range of council powers that may be delegated by resolution. The Act specifies some decisions must be handled by the elected body itself, and cannot be delegated under any circumstances, for example, adopting the corporate plan, or the mayor’s powers to direct the chief executive officer.

A power may not be delegated to an individual councillor except in that person's capacity as a committee chairperson. For example, decisions regarding minor development applications can be delegated to a planning and development committee.

A regular council meeting can set out council policy on developments and delegate minor applications to a standing committee. The standing committee can make a determination on a specific application, providing it falls within the delegated authority. In its next report to council, the committee would advise the full council meeting of the decision. Similarly, council can delegate to the chief executive officer the authority to pay accounts up to a certain amount.

A council is required to maintain a register of delegations and make it available for public inspection.

Legislation extracts

• Local Government Act 2009 - Delegation of local government powers
  
  

  257 Delegation of local government powers (1) A local government may, by resolution, delegate a power under this Act or another Act to— (a) the mayor; or (b) the chief executive officer; or (c) a standing committee, or joint standing committee, of the local government; or (d) the chairperson of a standing committee, or joint standing committee, of the local government; or (e) another local government, for the purposes of a joint government activity; or (f) a councillor, for the purpose of exercising a power as a shareholder in relation to a corporate entity. (2) However, a local government must not delegate a power that an Act states must be exercised by resolution. (3) A joint standing committee, of the local government, is a committee consisting of councillors of two or more of the local governments.

• Local Government Act 2009 – Delegation of mayor’s powers
  
  

  258 Delegation of mayor’s powers (1) A mayor may delegate the mayor’s powers to another councillor of the local government. (2) However, the mayor must not delegate the power to give directions to the chief executive officer.

• Local Government (Operations) Regulation 2010 - Particulars to be contained in register of delegations
  
  

  Local Government (Operations) Regulation 2010 118 Particulars to be contained in register of delegations—Act, s 260 (1) For section 260(1) of the Act, the particulars prescribed for a register of delegations are— (a) the name or title of the person, or the name of the committee, to whom powers are delegated; and (b) a description of the powers delegated, including the provisions under a Local Government Act permitting or requiring the exercise of the powers; and (c) if the delegation was by the local government—a summary of the resolution by which powers are delegated, including— (i) the date of the resolution; and (ii) a summary of any conditions to which the delegation is subject; and (iii) if the resolution is numbered—its number. (2) The chief executive officer may include any other information in the register the chief executive officer considers appropriate.