2020-09-08 S&O Agenda - Item 1 - Attachment 3 Delegations of Authority Council to Chief Executive (No Changes)

DESCRIPTION OF POWER DELEGATED                                                   LEGISLATION

Power, as agency, to refuse to deal with an access or amendment application, Section 60(1)
or, if considering two or more access or amendment applications by the
applicant, all the applications, if the work involved in dealing with the
application, or all the applications, would substantially and unreasonably divert
the resources of Council from use in performance of Council functions.

Power, as agency, to give the applicant:                                          Section 61(1)
(a) written notice of the refusal to deal with an access or amendment application
under section 60(1) Information Privacy Act; and (b) a reasonable opportunity
to consult.

Power, as agency, to refuse to deal with a later access application for one or Section 62(3)
more of the same documents sought under the first access application by the
same applicant, to the extent it is for access to documents in the first
application, if the later application does not disclose any reasonable basis for
seeking such access.

Power, as agency, to refuse to deal with a later amendment application for one Section 63(3)
or more of the same documents sought to be amended under the first access
application by the same applicant, to the extent it is for amendment to
documents in the first application, if the later application does not disclose any
reasonable basis for seeking such access.

Power, as agency, after considering an access application, to decide whether Section 65
to give access to the document and whether any access charge must be paid
by the applicant.

Power, as agency, to refuse access to a document in the same way and to the Section 67(1)
extent access can be refused under section 47 Right to Information Act, were
access to the document applied for under that Act.

Power, as agency, to give a prescribed written notice to an applicant, for an Section 68(1)
access application, of:
(a) the decision on the application, including a decision to refuse to deal
     with the application; and
(b) the fact that the document is not a document in the possession, or under
     the control, of Council, if this is the case.

Power, as agency, to not include any exempt information or contrary to public Section 68(3)
interest information in the notice given under section 68(1) Information Privacy
Act.

Power, as agency, to give prescribed written notice to an applicant that does Section 69(2)
not include details required to be in a prescribed written notice under section
199(a) and (b) Information Privacy Act, but states that Council neither confirms
nor denies the existence of the document, but assuming the document does
exist, it would be a document to which access would be refused under section
67 Information Privacy Act to the extent it comprised prescribed information.

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