2019-02-12 Attachment 1 to Item 5 - New Delegations

DELEGATION OF AUTHORITY
TITLE:          PEACEFUL ASSEMBLY ACT 1992

Delegation by the Council to:                                      Date:

Chief Executive Officer
Source of Authority:
Local Government Act 2009 - Section 257
Peaceful Assembly Act 1992



Delegated Power:
   1. To exercise the powers of Council pursuant to the Peaceful Assembly Act 1992.

 DESCRIPTION OF POWER DELEGATED                                                    LEGISLATION

 Power to nominate an officer of Council as a “representative”.                    Section 4
 Power, as a local authority, to give a notice under subsection (2)(b) and Sections
 impose conditions in the notice.                                          10(2)(b) and 11
 Power, as an owner or occupier, to give a notice under subsection (2)(c).         Section 10(2)(c)
 Power, as a relevant authority, to consult under subsections (4) or (5).          Sections 11(4) or
                                                                                   (5)
 Power, as a relevant authority, to apply to a Magistrates Court for an order Section 12
 refusing to authorise the holding of the assembly.
 Power, as a relevant authority, to consult with each interested person.           Section 13(1)(c)
 Power, as a relevant authority, to engage in a mediation process.                 Section 13(1)(d)
 Power, in the circumstances provided in subsection (3), to:-                 Section 13(3)
    (a) fix a reasonable time and place for holding the consultations; and
    (b) cause a notice of the time and place to be published in a newspaper
        circulating in the area in which the assembly is proposed to be held.
 Power, as a relevant authority, to notify the organiser in writing that it does not Section 15(1)
 oppose the holding of the assembly.
 Power, as a relevant authority, to participate in a mediation process.            Section 15(2)


Conditions of Delegation:

   1. The delegated officer must exercise this delegation in accordance with council; resolutions,
      policies, guidelines, procedures, industrial instruments and agreements.

   2. If the Chief Executive Officer on delegates any of these powers the delegated officer must
      exercise any delegated power in accordance with the scope and limitations of the subject
      officer’s letter of appointment and/or, position description, qualifications, technical
      knowledge and legislative requirements.
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