Delegations of Authority from the CEO to Officers of Urban
Development
The CEO has delegated certain statutory powers and functions to Officers of
Urban Development. The exercise of delegated powers by officers only has
effect if consistent with the following procedures and allocation of delegated
powers and functions. The delegation of these powers and functions to the
listed officer shall only continue in effect while that person remains an officer
of Urban Development or until the delegation is revoked.
ACT 1987
Subdivision Compliance
Many documents are authorised electronically through Land Information New
Zealand’s (LINZ) ‘Landonline’ system, by one officer with special authority.
This authorisation replaces the historic use of the council seal on documents.
AND MEETINGS
Any decision to authorise electronically, to sign a document or to use the seal
on a document, must be peer reviewed and signed by two officers. Any
exceptions to this are detailed in the individual delegation.
Resource Management Act 1991 (RMA) INFORMATION
Online certification (or document)
1.
To decide whether to approve a survey plan and to certify that a survey
plan has been approved under the RMA;
2.
To decide whether to issue a certificate that conditions of subdivision
consent have been complied with, or otherwise provided for, prior to the
deposit of the survey plan under the RMA;
3.
To decide whether buildings comply, or will comply, with the provisions
of the building code described in Section 116A of the Building Act 2004,
and to issue a certificate under the RMA;
4.
To decide whether to endorse a survey plan with a certificate that a
covenant against a transfer of allotments has been entered into and to
sign any such covenant on behalf of the Council under the RMA;
Document
5.
To decide whether to issue a consent notice
RELEASED UNDER THE LOCAL GOVERNMENT OFFICIAL under the RMA;
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
6. To decide whether to issue a completion certificate and to decide on
extensions to the period to which the certificate relates, under the RMA;
7.
To exercise all powers necessary to take and administer bonds under the
RMA. This delegation may be exercised by one officer;
8. To decide whether to issue a certificate that an allotment is in accordance
with the district plan, a proposed district plan or a permission granted
1987
under the Town and Country Planning Act 1977, under the RMA. This
delegation may be exercised by one officer;
ACT
9. To decide whether to approve plans or execute legal documents relating
to esplanade reserves, esplanade strips and access strips, under the
RMA;
MEETINGS
10. To certify, on a survey plan, an existing interest is to remain affecting a
AND
reserve to vest in the Council under the RMA;
Document, or online authorisation, to cancel, revoke or consent
11. To decide whether to vary or cancel any condition imposed in a consent
notice under the RMA;
INFORMATION
12. To decide whether to cancel any covenant against a transfer of
allotments and to endorse or certify that any such covenant has been
cancelled under the RMA;
OFFICIAL
13. To decide whether to cancel a condition requiring amalgamation of
allotments and to endorse or certify the cancellation of any such
condition under the RMA;
14. To decide whether to consent to
GOVERNMENT the surrender, merger or variation of an
easement under the RMA;
15. To decide wheth
LOCAL er to revoke a condition of a subdivision consent
requiring an easement under the RMA and to endorse or certify the
THE
cancellation under the RMA;
UNDER
Note:
For delegations 5 - 9 a signature is required from one resource consent
planner. Item 10 requires advice from a Parks, Sport and Recreation officer
RELEASED prior to making a decision.
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
Fees
16. To require payment of additional charges under the RMA. To exercise
this delegation the document must be signed by the Team Leader
Specialist Advice & Subdivision Compliance or the Compliance Manager;
17. To remit charges under the RMA, or discount charges or make any other
decision which reduces charges imposed under the RMA. The exercise of
1987
this delegation must be in accordance with the financial delegations to
remit from the Chief Executive Officer.
ACT
Unit Titles Act 2010 (UTA)
MEETINGS
Online certification or document
AND
18. To decide whether to certify that a unit plan is consistent with a
proposed unit development plan under the UTA;
19. To decide whether to certify that every building on a unit plan has been
erected, and the boundaries of every unit and the common property can
be physically measured, and every principal unit con
INFORMATION forms to the
definition of principal unit, under the UTA;
OFFICIAL
Local Government Act 1974 and 2002 (LGA 1974, LGA 2002 )
20. To decide whether to cancel a building line restriction under the LGA
1974;
21. To decide whether to withhold a ce
GOVERNMENT rtificate under section 224(c) of the
Resource Management Act 1991, until a development contribution is
paid, under the LGA 2002. This delegation may be exercised by one
LOCAL
officer;
THE
22. To require payment of additional charges under the LGA 2002. To
exercise this delegation the document must be signed by the Team
Leade
UNDER r Specialist Advice & Subdivision Compliance or the Compliance
Manager;
23. To remit charges under the RMA, or discount charges or make any other
decision which reduces charges imposed under the RMA. The exercise of
RELEASED this delegation must be in accordance with the financial delegations to
remit from the Chief Executive Officer.
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
24. To exercise the general power of entry under the Local Government Act
2002. This delegation may be exercised by one officer.
Note:
No delegation is required to authorise a survey plan for a right of way (LINZ
require it to be authorised online). Section 348 of the LGA 1974 only requires
the permission of the Council, which is given by planning officers.
1987
ACT
Land Transfer Act 1952 (LTA)
Documents
MEETINGS
25. To decide whether to execute on behalf of the Council an interest in an
easement in gross under the LTA;
AND
26. To decide whether to execute on behalf of the Council an interest in an
esplanade strip under the LTA;
27. To decide whether to consent to a surrender or partial surrender of a
INFORMATION
right of way subject to conditions of consent in a K Document under the
LTA;
OFFICIAL
Public Work Act 1981 (PWA)
Documents
28. To decide whether a compensation certificate is to be discharged under
the PWA;
GOVERNMENT
LOCAL
Building Act 2004 (BA)
THE
Documents
29. To decide whether to issue and authenticate a certificate that states an
UNDER
allotment shall only be transferred or leased in conjunction with one or
more other allotments under the BA;
30. To decide whether to remove a restriction on the transfer or lease of
RELEASED allotments under the BA and to issue and authenticate any certificate
required;
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
Consent as an Encumbrancee
Documents
31. To decide whether to consent on behalf of the Council as an
encumbrancee to the deposit of a unit plan under the UTA.
32. To decide whether to consent on behalf of the Council as an
1987
encumbrancee to the registration of a document under the Land Transfer
Act 1952;
ACT
Examples are introduction of unit title ownership, the variation of a
mortgage, the registration of an easement, and the variation or surrender
of an easement. The Council’s interest in the property usually concerns
MEETINGS
heritage protection and advice is sought from a heritage planner.
AND
The consent of Council as an encumbrancee requires the use of the
Council common seal.
General Authority
INFORMATION
33. To use the Council common seal and exercise authority to sign
documents physically or electronically on behalf of the Council that are
consistent with the role of subdivision compliance officer as they relate
OFFICIAL
to the Resource Management Act 1991, Unit Titles Act 2010, Local
Government Act 2002, Building Act 2004, Land Transfer Act 1952 and
the Public Works Act 1981.
34. To use the seal and exercise authority to sign documents on behalf of the
Council, on the request of the Team Leader Compliance & Monitoring or
GOVERNMENT
the Compliance Manager, in relation to conditions of land use consent
under the Resource Management Act 1991.
LOCAL
35. To apply the seal to any Council document to authenticate a copy of it, or
part of it.
THE This delegation may be exercised by one officer.
UNDER
Delegated Officers
•
s7(2)(a)
•
RELEASED
s7(2)(a)
•
s7(2)(a)
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
•
s7(2)(a)
•
s7(2)(a)
Signed By
1987
ACT
GARRY POOLE
Date
CHIEF EXECUTIVE OFFICER – WELLINGTON CITY COUNCIL MEETINGS
AND
INFORMATION
OFFICIAL
GOVERNMENT
LOCAL
THE
UNDER
RELEASED
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
Interpretation:
Delegation List with the Relevant Sections the Acts
Resource Management Act 1991 (RMA)
1987
Online certification (or document)
ACT
1.
To decide whether to approve a survey plan and to certify that a survey
plan has been approved under the RMA;
Section 223
MEETINGS
2. To decide whether to issue a certificate that conditions of su
AND bdivision
consent have been complied with, or otherwise provided for, prior to the
deposit of the survey plan under the RMA;
Section 224(c)
3. To decide whether buildings comply, or will comply, with t
INFORMATION he provisions
of the building code described in Section 116A of the Building Act 2004,
and to issue a certificate under the RMA;
OFFICIAL
Section 224(f)
4. To decide whether to endorse a survey plan with a certificate that a
covenant against a transfer of allotments has been entered into and to
sign any such covenant on behalf of the Council under the RMA;
GOVERNMENT
Sections 240(1) & (3)
LOCAL
Document THE
5.
To decide whether to issue a consent notice under the RMA;
Section 221
UNDER
6. To decide whether to issue a completion certificate and to decide on
extensions to the period to which the certificate relates, under the RMA;
Section 222
RELEASED
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
7.
To exercise all powers necessary to take and administer bonds under the
RMA. This delegation may be exercised by one officer;
Sections 108A & 109, , but can cover other sections if necessary
8. To decide whether to issue a certificate that an allotment is in accordance
with the district plan, a proposed district plan or a permission granted
under the Town and Country Planning Act 1977, under the RMA. This
1987
delegation may be exercised by one officer;
ACT
Section 226
9. To decide whether to approve plans or execute legal documents relating
to esplanade reserves, esplanade strips and access strips, under the
MEETINGS
RMA;
AND
Sections 234(7), 237(3) & (4), but can cover other sections if
necessary
10. To certify, on a survey plan, an existing interest is to remain affecting a
reserve to vest in the Council under the RMA;
INFORMATION
Section 239(2)
Document, or online authorisation, to cancel, revoke or consent
OFFICIAL
11. To decide whether to vary or cancel any condition imposed in a consent
notice under the RMA;
Section 221(3)
12. To decide whether to cancel an
GOVERNMENT y covenant against a transfer of
allotments and to endorse or certify that any such covenant has been
cancelled under the RMA;
LOCAL
Sections 240(4) & (5)
THE
13. To decide whether to cancel a condition requiring amalgamation of
allotments and to endorse or certify the cancellation of any such
condi
UNDER tion under the RMA;
Sections 241(3) & (4)
RELEASED
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
14. To decide whether to consent to the surrender, merger or variation of an
easement under the RMA;
Section 243(a)
15. To decide whether to revoke a condition of a subdivision consent
requiring an easement under the RMA and to endorse or certify the
cancellation under the RMA;
1987
Section 243(e)
ACT
Note:
For delegations 5 - 9 a signature is required from one resource consent
MEETINGS
planner. Item 10 requires advice from officers in Parks and Recreation
prior to making a decision.
AND
Fees
16. To require payment of additional charges under the RMA. To exercise
this delegation the document must be signed by the Team Leader
Specialist Advice & Subdivision Compliance or the Manage
INFORMATION r Compliance
& Specialist Advice;
Section 36
OFFICIAL
17. To remit charges under the RMA, or discount charges or make any other
decision which reduces charges imposed under the RMA. The exercise of
this delegation must be in accordance with the financial delegations to
remit from the Chief Executive Officer.
Section 36 GOVERNMENT
LOCAL
Unit Titles Act 2010 (UTA)
THE
Online certification or document
UNDER
18. To decide whether to certify that a unit plan is consistent with a
proposed unit development plan under the UTA;
Section 25(5)
RELEASED
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
19. To decide whether to certify that every building on a unit plan has been
erected, and the boundaries of every unit and the common property can
be physically measured, and every principal unit conforms to the
definition of principal unit, under the UTA;
Section 32(2)
1987
Local Government Act 1974 and 2002 (LGA 1974, LGA 2002 )
ACT
20. To decide whether to cancel a building line restriction under the LGA
1974;
MEETINGS
Section 327A
AND
21. To decide whether to withhold a certificate under section 224(c) of the
Resource Management Act 1991, until a development contribution is
paid, under the LGA 2002. This delegation may be exercised by one
officer;
Section 208
INFORMATION
22. To require payment of additional charges under the LGA 2002. To
exercise this delegation the document must be signed by the Team
Leader Specialist Advice & Subdivision C
OFFICIAL ompliance or the Manager
Compliance & Specialist Advice;
Section 150
23. To remit charges under the RMA, or discount charges or make any other
decision which reduces charges i
GOVERNMENT mposed under the RMA. The exercise of
this delegation must be in accordance with the financial delegations to
remit from the Chief Executive Officer.
LOCAL
Section 150
THE
24. To exercise the general power of entry under the Local Government Act
2002 . This delegation may be exercised by one officer.
UNDER
Sections ?
RELEASED
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
Note:
No delegation is required to authorise a survey plan for a right of way (LINZ
require it to be authorised online). Section 348 of the LGA 1974 only requires
the permission of the Council, which is given by planning officers.
1987
Land Transfer Act 1952 (LTA)
ACT
Documents
25. To decide whether to execute on behalf of the Council an interest in an
easement in gross under the LTA;
MEETINGS
Referred to in Section 243 RMA
AND
26. To decide whether to execute on behalf of the Council an interest in an
esplanade strip under the LTA;
Referred to in Section 232 RMA
INFORMATION
27. To decide whether to consent to a surrender or partial surrender of a
right of way subject to conditions of consent in a K Document under the
LTA;
OFFICIAL
Section ?
Public Work Act 1981 (PWA)
GOVERNMENT
Documents
28. To decide whether a compensation certificate is to be discharged under
LOCAL
the PWA;
THE
Sections 19(7)
UNDER
RELEASED
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
Building Act 2004 (BA)
Documents
29. To decide whether to issue and authenticate a certificate that states an
allotment shall only be transferred or leased in conjunction with one or
more other allotments under the BA;
1987
Section 77
ACT
30. To decide whether to remove a restriction on the transfer or lease of
allotments under the BA and to issue and authenticate any certificate
required;
MEETINGS
Section 83(3)
AND
Consent as an Encumbrancee
Documents
INFORMATION
31. To decide whether to consent on behalf of the Council as an
encumbrancee to the deposit of a unit plan under the UTA.
Section 32(1)(d), Unit Titles Act 2010
OFFICIAL
32. To decide whether to consent on behalf of the Council as an
encumbrancee to the registration of a document under the Land Transfer
Act 1952;
Section ?
GOVERNMENT
Examples are introduction of unit title ownership, the variation of a mortgage,
the registration of a
LOCAL n easement, and the variation or surrender of an
easement. The Council’s interest in the property usually concerns heritage
protection and adv
THE
ice is sought from a heritage planner.
The consent of Council as an encumbrancee requires the use of the Council
common s
UNDER eal.
RELEASED
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
General Authority
33. To use the Council common seal and exercise authority to sign
documents physically or electronically on behalf of the Council that are
consistent with the role of subdivision compliance officer as they relate
to the Resource Management Act 1991, Unit Titles Act 2010, Local
Government Act 2002, Building Act 2004, Land Transfer Act 1952 and
1987
the Public Works Act 1981.
ACT
34. To use the seal and exercise authority to sign documents on behalf of the
Council, on the request of the Team Leader Compliance and Monitoring
or the Manager Compliance & Specialist Advice, in relation to conditions
of land use consent under the Resource Management Act 1991. MEETINGS
Referred to in Section 109(1) RMA, Land Transfer Act 1952
AND
35. To apply the seal to any Council document to authenticate a copy of it, or
part of it. This delegation may be exercised by one officer.
Section ?, Act ?
INFORMATION
OFFICIAL
GOVERNMENT
LOCAL
THE
UNDER
RELEASED
Note: The job titles cited in this document are current as at 25 January 2013. In the event of a change of job title or
unit/team title the functions currently performed by the positions named shall be carried forward to staff of an
equivalent management tier to those named positions.
UD Unit Delegations
PC Docs # 2050638
