2020-09-08 S&O Agenda - Item 1 - Attachment 2 Delegations of Authority Council to Chief Executive (Updated)

DESCRIPTION OF POWER DELEGATED                                                      LEGISLATION

Power to give access to a document that contains information the disclosure of      Section 37 (1)
which may reasonably be expected to be of concern to a government, agency
or person (the relevant third party) only if Council has taken steps that are
reasonably practicable—
   (a) to obtain the views of the relevant third party about whether—
       (i) the document is a document to which this Act does not apply; or
      (ii) the information is exempt information or contrary to public interest
           information; and
   (b) to inform the relevant third party that if access is given to the document
        because of an access application, access may also be given to the
        document under a disclosure log.
Power to decide that:                                                            Section
   (a) a document to which section 37(1) applies is a document to which the 37(3)(b)
       Act does not apply; or
   (b) information in a document referred to in (a) is not exempt information or
       contrary to public interest information
Power to transfer the application to another agency if—                             Section 38(2)
   (a) the document to which the application relates is not in Council’s
       possession but is, to Council’s knowledge, in the other agency’s
       possession; and
   (b) the other agency consents to the transfer.
Power to deal with an access application even if this Act provides that the Section 39(3)
Council may refuse to deal with the application.
Power to refuse to deal with the access application without having identified any Section 40
or all of the documents if—
    (a) an access application is expressed to relate to all documents, or to all
         documents of a stated class, that contain information of a stated kind or
         relate to a stated subject matter; and
    (b) it appears to Council that all of the documents to which the application
         relates are comprised of exempt information.
Power to refuse to deal with an access application or, if Council is considering Section 41(1)
2 or more access applications by the applicant, all the applications, if Council
considers the work involved in dealing with the application or all the applications
would, if carried out, substantially and unreasonably divert the resources of the
Council from their use by Council in the performance of its functions, provided
that the conditions set out in section 42(1) have been complied with.


Power to make an agreement with an applicant to extend the prescribed               Section
consultation period.                                                                42(6)(b)
Power to refuse to deal with the later application to the extent it is for access to Section 43(3)
a document or documents sought under the first application if—

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