2019-02-12 Attachment 2 to Item 5 - Updated Delegations

DESCRIPTION OF POWER DELEGATED                                                LEGISLATION
                                                                              (THE ACT)
Power to recover a debt payable under section 142 of the Local Government Act Section 142 (7)
2009 as if the debt were an overdue rate.
Power to give reasonable entry notice to the owner and the occupier of rateable Section 143
land of entry by a local government worker to search for and remove materials.
Power to agree and to pay the amount of compensation payable to a person Section 147
who incurs damage or loss during the course of the exercise, or purported
exercise, of a power under division 2, part 2, chapter 5 of the Local Government
Act 2009.
Power to request the conduct tribunal to:-                                      Section 150DU
(a)    investigate the suspected inappropriate conduct of a councillor referred
to the local government, by the assessor, to be dealt with by the local
government; and
(b)    make recommendations to the local government about dealing with the
conduct.
Legal Provisions
Power to effect substituted service.                                                             Section 239
Power to authorise an employee in any legal proceedings –                                        Section 240(1)
(a)     to give instructions and act as the authorised agent for the local
        government; and
(b)     sign all documents for the local government.
Missing Property
Power to give written notice to the auditor general and the police of missing                    Section 307A
property of the local government which has a total value of $1,000.00 or more.

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.

      3. In the event that there is a change to any Delegate Position as set out in the schedule of
         this instrument (Former Delegated Position) which is not then reflected in this Instrument:
             a. for any Former Delegated Position that remains in existence and has been
                  renamed, the reference in this Instrument to the Former Delegated Position will be
                  read as a reference to the renamed position; and
             b. for and Former Delegated Position that ceases to exist, the reference in this
                  Instrument to the Former Delegated Position will be read as being a reference to the
                  position that then most closely resembles the Former Delegated Position.



1. The powers and authorities set out above are hereby delegated to the Officer(s) designated.
2. This Delegation is authorised for inclusion in the Delegation of Authority Register.

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