40Delegation

40 Delegation (1) A council may delegate its powers and functions. (2) A delegation may be made to: (a) the CEO; or (b) a council committee; or (c) a local authority; or (d) a local government subsidiary. (3) Despite subsection (1): (a) the power to impose rates and charges cannot be delegated; and (b) if power to incur financial liabilities is delegated – the council must, by resolution, fix reasonable limits on the delegate's authority; and (c) a delegation cannot duplicate or derogate from the CEO's functions (including delegated functions); and (d) subject to subsections (4) and (5), power to enter into a transaction on conditions that are not arm's length conditions cannot be delegated; and (e) subject to subsections (4) and (5), power to make a decision that requires a council resolution cannot be delegated; and

Local Government Act 2019 31 (f) if power to enter into a contract is delegated – the contract must be below the threshold value. (4) A council may delegate to the CEO the following: (a) the power to enter into a transaction on conditions that are not arm's length conditions if the transaction will provide a community benefit; (b) the power to waive a fee for service (wholly or partly) under section 289(4) if the waiver will provide a community benefit. Note for subsection (4)(b) A decision to waive a fee for service (wholly or partly) under section 289(4) requires a council resolution. (5) A delegation under subsection (4) must be in accordance with the regulations and any guidelines that the Minister may make. (6) A council must, within the first 6 months of its term, determine, by resolution, the threshold value for a contract for subsection (3)(f). (6A) Despite subsection (2), a council, as the responsible entity for a public cemetery or a community cemetery, may only delegate the powers and functions of the responsible entity under the Burial and Cremation Act 2022 to a local government subsidiary. (7) In this section: arm's length conditions means the conditions that might be expected to operate between commercial entities dealing wholly independently with one another in comparable circumstances.