Delegated committees
Councils can delegate some of their decision-making powers to delegated committees of the council. A delegated committee established by council consists of:
- at least 2 councillors, and
- at the council's discretion, any other people who are entitled to vote at its meetings.
The council always retains control over who can be a member and what the committee is empowered to do. Delegations are made at a formal council meeting and specify what the committee is empowered to do.
When a council delegates to a delegated committee, it allows the committee to exercise the power to make certain decisions ‘as the council’. This is why the Local Government Act subjects such committees to the same statutory procedures and conduct as the council.
Members of delegated committees are required to comply with conflict of interest and confidentiality provisions in the same way that councillor do.
A delegated committee’s decision-making power is limited only to those matters covered in the formal delegation document. If a delegated committee determines matters that are not contained in the delegation, they cannot be given effect until separately decided by the council.
Why have delegated committees?
Delegated committees can assist a council by spreading a council’s workload. Councils may establish a delegated committee to deal effectively with important decisions on specific matters, leaving council meetings to consider other business. A common example of a delegated committee is one which determines planning permit applications.
Community asset committees
Often knowledge and interest in a particular council activity lies with people at a local level. They can be appointed by the council to participate in a community asset committee to carry out its functions in managing community assets including council-owned facilities such as halls and recreation reserves.
The council’s Chief Executive Officer may delegate certain council powers, duties and functions to the members of a community asset committee subject to limits on any financial authority, compliance with governance standards and reporting obligations on the committee’s activities.
These committees might consist of user-representatives and other interested community members.
Advisory committees
Advisory committees can also assist councils by spreading a council’s workload. They can provide particular expertise to help the council make its decisions or help engage community resources and opinion. They don’t have any formal, delegated powers to act in place of the council.
Their decisions or recommendations have no legal standing unless they are adopted by the council at a formal meeting.
An advisory committee often still operates under a ‘Terms of Reference’ document, in which the council sets out the committee’s purpose and how it will function. As with delegated committees, the council retains control over the membership and purpose of the committee.
Short-term advisory committees (sometimes called ‘working groups’ or ‘ad hoc groups’) may be created for a particular purpose and disbanded when that purpose is achieved.
A council is not bound to accept a recommendation of an advisory committee.
Council briefings and workshops
It’s important that councillors find out about the detail of relevant issues before making decisions at council meetings.
Some councils hold briefings or workshops to help brief councillors on day-to-day issues affecting the council. These are generally internal sessions with council staff but sometimes outside advisors are present.
Briefing sessions enable councillors to discuss issues among themselves and with senior staff. These briefing sessions can help councillors understand a complex issue. They provide a way for councillors to request additional information to assist them in making decisions.
Councillors cannot make legally binding decisions in briefings or workshops.
Councillor briefing sessions should not be confused with public briefings. Public briefings are held by councils when they want to brief members of the community about council activities, or other significant matters that might be coming before the council in the near future.