All of a Council’s powers come from legislation. The decision making process for a Council starts with a statutory power or function conferred upon a Council by statute. The way in which a Council makes decisions is by resolutions passed at Council meetings. A Council does not act or make decisions through its individual Council Members but as a whole. However administratively and practically, a Council cannot itself attend to each and every matter and issue that arises for action and determination.
Section 44 of the Local Government Act 1999 (the Act) provides that the Council may delegate a power or function vested or conferred under this or another Act. Some other Acts also contain a specific power of delegation. Section 101 of the Act provides that the Chief Executive Officer may delegate (or sub-delegate) a power or function vested or conferred in or on the Chief Executive Officer and sets out various other matters in relation to delegations (or sub-delegations) by the Chief Executive Officer. A delegation or sub-delegation by the Chief Executive Officer made under Section 101 of the Act may be made to an employee of the Council or to the employee for the time being occupying a particular office or position, a committee comprising employees of the Council, or an authorised person.
To carry out a broad range of its statutory functions, powers and duties Council has delegated to the Chief Executive Officer the power to appoint authorised persons under section 44 of the Local Government Act 1999.