Power to sub-delegate
5.1. The Chief Executive is authorised to sub-delegate to specific roles across Otago Polytechnic pursuant to sections 286(5) and 295 of the ETA. All delegates must act within the scope of their delegated authority and in a responsible manner.
Conflict of interest
5.2. Except with the prior written approval of Otago Polytechnic Council, neither the Chief Executive nor any sub-delegate may exercise any delegated authority in relation to a matter where they have a conflict of interest as defined in the Conflict-of-Interest Policy.
Register of Standing Delegations
5.3. The Chief Executive is authorised to adopt a Delegations Register in relation to role positions within Otago Polytechnic, rather than named kaimahi. If a kaimahi moves from one position in the organisation to another position, the delegations relating to the initial role position no longer apply to that kaimahi. Any delegation to a specified role position may also be exercised by the Formal Leader for that role position. This policy must be read in conjunction with the current Delegations Register approved by the Council.
Delegations versus Sub-delegations
5.4. When sub-delegating to Deputy Executive Directors, the Chief Executive will ensure that the delegation relates only to the remit of their role noting that certain roles will have specific scope;
Authority to amend or revoke standing delegations
5.5. The Chief Executive is authorised to amend or revoke any standing delegations from time to time (without recourse to Council) in so far as they relate to their sub-delegations where they consider this necessary to enhance the efficiency of Otago Polytechnic operations or to reflect changes to the organisational structure.
Scope of sub-delegations
5.6. A Delegate is authorised to take any action or sign any document within their delegated authority but subject to the following:
Delegates must comply with any legal requirements and/or any applicable policies and procedures in relation to entry into the agreement/subject matter of the document (including adherence to conflicts of interest and procurement requirements).
a) All delegations and authorisations must promote efficiency and effectiveness and provide clear accountability.
b) The delegation must be exercised within the limits of the relevant approved budget and cost centre owner. Delegates must not approve expenditure for a cost centre for which they are not responsible, except with the prior written permission of the cost centre owner.
c) Delegates can further sub-delegate standing delegations where the Chief Executive (or delegate) authorises this.
d) Transactions must not be structured to attempt to avoid the financial limits set out in this policy (e.g. by splitting purchases over more than one (1) purchase order, or multiple invoices for a purchase).
e) For the avoidance of doubt, delegations include the authority to take any other action necessary or desirable to give effect to the decision. For example, an authority to commit to expenditure includes an authority to make payment.
Breach of Delegations
Kaimahi are required to have read and familiarise themselves with the detailed conditions and limits for exercising delegations.
Te Kāhui Manukura members are responsible for ensuring that appropriate controls are in effect to monitor compliance and for reporting material breaches of this Policy to the Chief Executive and Chair of the Finance, Risk and Audit Committee as soon as practicable
5.7. Kaimahi who breach this policy may be subject to disciplinary action. Any intentional breach may also lead to criminal charges.
Temporary delegated authorities
5.8. Temporary delegated authorities for leave or other purposes may be approved by the following persons:
a) Any temporary delegation of the Chief Executive’s delegated authorities must be approved by the Chairperson.
b) Any temporary delegation of a Deputy Executive Director’s delegated authorities must be approved by the Chief Executive.
c) Any temporary delegation of any other kaimahi member’s delegated authorities must be approved by the Deputy Executive Director to which they report.
5.9. Temporary delegated authorities will be subject to the following restrictions:
a) Temporary delegated authorities must be documented using the Template Temporary Delegation Memo.
b) The Memo should be addressed to the approver and must be signed personally by the delegator (electronic signatures may be used).
c) The authority may only be exercised for the purpose for which it is made.
d) All temporary delegated authorities will be made for a fixed period and, unless renewed, will automatically expire on the conclusion of that fixed period.
e) Kaimahi may grant temporary delegated authorities to kaimahi at the same or higher delegated financial authority level, provided that kaimahi are not required to grant temporary delegated authorities to their Formal Leader or Deputy Executive Director within their reporting line.
f) The Chief Executive and Te Kāhui Manukura may grant temporary delegated authorities to kaimahi at a lower delegated financial authority level. All other kaimahi may not grant temporary delegated authorities to kaimahi at a lower delegated financial authority level.
Interim working delegated authorities
5.10. From time to time, it may be necessary for kaimahi to grant interim working delegated authorities to other kaimahi, to facilitate approvals within IT platforms. In that circumstance, the delegator will remain responsible for the exercise of the authority and must approve any proposed actions within the relevant IT platform in writing.
5.11. Interim working delegated authorities must be approved by the Deputy Executive Director to whom the delegator reports.
5.12. Interim working delegated authorities must be documented using the Template Interim Working Delegation Memo. The Memo should be addressed to the approver and must be signed personally by the delegator (electronic signatures may be used).
Assurance in Relation to Exercise of Sub-delegations
5.13. It is the responsibility of the Chief Executive and Te Kāhui Manukura to oversee the exercise of delegations under the standing delegations.
5.14. Those with delegated authority are accountable for their use of that delegated authority. Delegated authority holders must comply with the standing delegations issued by the Chief Executive and all applicable policies and legislation. It is an expectation that those with delegated authority will have proper regard to any standards of accepted practice and the potential risks to Otago Polytechnic as a result of each exercise of delegated authority and will seek appropriate advice where necessary and prior to using or committing delegated authority (including obtaining any advice to inform decision making such as human resources, legal and/or financial advice).
5.15. Formal Leaders and/or cost centre owners are expected to:
a) Monitor the exercise of delegations in their area.
b) Take or recommend action where a delegate acts outside of their delegated authority or exercises that authority in a manner inconsistent with the policies and procedures of Otago Polytechnic.
c) Such conduct may be a breach of kaimahi employment agreement and may lead to disciplinary action. Any intentional breach may also lead to criminal charges.
5.16. The Chief Executive and Te Kāhui Manukura are required to provide annual assurances that the policies of Otago Polytechnic have been adhered to and financial controls exercised over the resources of the area for which they hold a budget. These assurances will form part of Otago Polytechnic complying with its legislative compliance assurance requirements under the Public Finance Act 1989, or such other assurance as required by our external auditors.
5.17. The efficacy of the Delegations Register will be subject to monitoring by the Chief Executive’s Office.