Community Boards are established under Section 49 of the Local Government Act 2002. Community Boards exercise such powers as are delegated to them by the Council (Section 53 Local Government Act 2002).

A community board is a separate legal entity to the Council. It is not a committee of the Council. Section 51 of the Local Government Act 2002 states that a community board:

(a) an unincorporated body
(b) not a local authority
(c) not a committee of the relevant territorial authority.

Role

The role of a community Board is specified in Section 52 of the Local Government Act 2002, as follows.

(a) To represent, and act as an advocate for, the interests of its community
(b) To consider and report on all matters referred to it by the territorial authority, or any matter of interest or concern to the community board.
(c) To maintain an overview of services provided by the territorial authority within the community.
(d) To prepare an annual submission to the territorial authority for expenditure within the community.
(e) To communicate with community organisations and special interest groups within the community.
(f) To undertake any other responsibilities that are delegated to it by the territorial authority.

Delegations

(i) Under Section 53(3) of the Local Government Act 2002 the following functions CANNOT be delegated to Community Boards.

• The power to acquire, hold or dispose of property;
• The power to appoint, suspend, or remove staff.

(ii) Under Schedule 7 clause 32 (1) OF THE Local Government Act 2002 the following functions CANNOT be delegated to a Community Board or any other body or person.

• The power to make a rate.
• The power to make a bylaw.
• The power to borrow money, or purchase or dispose of assets, other than in accordance with the Long Term Council Community Plan.
• The power to adopt a long Term Council Community Plan, Annual Plan, or Annual Report.
• The power to appoint a Chief Executive.
• The power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the Long Term Council Community Plan or developed for the purpose of the Local Government Statement.
• The power to warrant Enforcement Officers.

In addition, the Council has not delegated to Community Boards, other than as a recommending body, any matter, which has been considered to be of district wide significance.

(iii) A community board may establish committees and may delegate any of its functions, duties or powers to them. (Refer to Schedule 7 clause 32(3) Local Government Act 2002).

(iv) Where a community board is not empowered to act the board shall report to the Council and make recommendations as required.

General Comment

Community Boards are acknowledged as providing an important link between the Council and the Selwyn community. To ensure that community boards can undertake this role in the most effective manner, the following delegations are provided by the Council.

For the avoidance of doubt, in the event of any potential conflict between policy developed under delegated authority and District Council policy, the District Council policy shall prevail.

Note, the term “Community Board”, shall in this document also mean any equivalent informally elected ward board which is vested with the same delegations as a community board.

The overarching principle, regarding delegations, is to invite the community boards or their equivalent to have significant input into matters that influence and assist the Council decision making process. These delegations following, acknowledge the principle that the Council is the ultimate decision making authority and can at any stage rescind any of the delegations made to community boards or their equivalent.

General delegations

When develop policy in relation to delegations to a community board, the financial implications of the proposed delegation shall be clearly stated.

(a) to advise the Council on the local implications of, policies, projects and plans which have impacts for the district and are referred to the Board for comment.

(b) to make recommendations on policy matters to the Council.

(c) to facilitate public meetings/discussions as part of consultation with the community within the board area.

(d) to perform such other functions as the Council may delegate to the board.

1.0 COMMUNITY DELEGATIONS

Within the Board’s area, the Council has a number of management committees for halls and reserves. They are responsible for the management oversight to ensure provision of suitable facilities for their community.

Each Community Board is required to make an appointment on behalf of the Council to each of the management and advisory committees in its ward.

Reserve and hall management committee’s are given full delegated authority to manage the financial affairs of their committee within the annual budget agreed with the Council and the local community.

Community Advisory Committees have limited delegations with staff being delegated the responsibility for ensuring that the annual township projects and maintenance are undertaken after appropriate consultation. (Note: consultation particularly for maintenance budgets will occur during the budget preparation.)

2.0 THE LONG TERM COMMUNITY COUNCIL AND ANNUAL PLANS

The Council is required every third year to prepare a Long Term Community Council Plan (called the Selwyn Community Plan (LTCCP)). In the intervening years, the Council is required to prepare an Annual Plan (Annual Budget).

The Selwyn Community Plan (LTCCP) and Annual Budget outline the works and services that are going to be undertaken during the period they cover, their cost, and the outcomes that are expected to be achieved.

Boards are delegated the responsibility to undertake the following for their ward:

• To have input into the budgetary process by ensuring the management/advisory committees within the Boards area prepare annual budgets and submit them to the Council for consideration as per the agreed budget timetable. This input will also include ensuring the appropriate level of targeted rates and charges recommended for funding the service.

• To make recommendations on priorities for funding to Council for local projects and community issues.

• To make submissions on draft proposals to Council on programmes and projects in respect of the Long Term Council Community Plan process.

• To consult with the community on the draft Selwyn Community Plan (LTCCP) and Annual Budget, and provide recommendations to the Council that can be considered for inclusion within the adopted Selwyn Community Plan (LTCCP) and Annual Budget.

3.0 ROADING

The Selwyn District has a significant roading network of 1,279 kms of sealed and 1,065km of unsealed roads. In addition there are 126 bridges and 79 km of footpaths. This infrastructure is very important to the Selwyn community to allow them to undertake their business activities and enjoy their recreational time.

Community Boards will be encouraged to have input into the development of policy in the roading activity area to ensure that the work in the Board area is carried out in a consistent and financially sustainable manner.

It is implicit with this delegation that it recognises the requirement to comply with nationally accepted roading standards There are certain works that are subsidised by Transfund who are a partner in the Council’s roading network. Transfund have considerable input in the decision making on Council’s overall roading programme.

Transfund have chosen to deal solely with the Council in terms of road funding issues.

Accordingly the Council delegates the following delegations (in giving these delegations, the word “road” is as defined in s.315 of the Local Government Act 1974):

• Consultation at the design stage, regarding the installation of pedestrian crossings on roads.

• To assist in the development of a policy regarding the temporary use and closure of roads, footpaths and Council owned land for market days, street appeals, stalls and parades and specific events and functions where appropriate

• To exercise the powers of the Council in s.339 of the Local Government Act relating to bus shelters other than to hear and determine objections.

• To make recommendations on speed limits

• Recommending to the Council the names of roads, streets and parks within the board area.

• Acceptance of the design and location of neighbourhood traffic improvements.

4.0 RESOURCE MANAGEMENT

Issues surrounding the Resource Management Act either create an impact, have the potential to create an impact or are perceived to create an impact on local communities. Input from Boards is important to ensure local issues are appropriately addressed. Accordingly the Board is delegated the following roles:

• To make submissions to Council on all matters pertaining to the District Plan.

• To assist the Council to develop a policy to ensure appropriately trained board member(s) are available to join a pool of resource consent hearings commissioners.

5.0 CIVIL DEFENCE

The Council has obligations under the Civil Defence Emergency Management Act 2002. These obligations include ensuring the community is adequately prepared to meet the challenges of events that will impact on the lives and property of the residents of Selwyn. It is the responsibility of the Selwyn District Council Civil Defence Officer to ensure that the Board members receive appropriate training. Accordingly the Board is delegated the following:

• To co-ordinate all ward functions under the overall direction of
the Civil Defence Controller to ensure that the community is appropriately prepared for an emergency event.

• To act (under the provisions of the Selwyn District Civil Defence Plan) as the interface between the community and its response agencies; and as the ward co-ordinator element of the response structure defined in that Plan as required

• To assist the Civil Defence Controller during an emergency event to identify the community priorities for resources

6.0 PROPERTY, PARKS AND RESERVES

Explanatory note:
Discretionary Funds
Each Community Board has a discretionary fund from which it can provide grants for local organisations to assist them in achieving their objectives. The grant fund from 1 July 2004 is $10,000 per annum which is annually “topped up to this dollar value”.

These following delegations will only apply to property assets where there is the absence of a formally constituted Reserve Management Committee.

• Sale and Purchase of Property
The Council is the owner of a large number of property assets (land and buildings). The Board is delegated the authority to advise Council of the local implications of the sale and purchase of any property within its area for parks, reserves, or other local purposes.

• Approving on behalf of the Council, as landowner, proposed developments or activities on parks, reserves and within existing budgets.

The Board is delegated the following powers of the Council (except the hearing of submissions/objections) in relation to:

• Assisting with preparation, review and change of management plans for reserves (s.41 Reserves Act).

• To approving management plans for townships, halls and reserves.

• Preparation review and change of management plans for parks held under the Local Government Act 1974.

• To have an overview of the temporary use of parks, reserves and Council owned land for market days, street appeals and stalls and specific events and functions and monitor their effects

7.0 ECONOMIC DEVELOPMENT

The Council can have an impact on its local economy. To ensure that the Council is best placed to meet the needs of the local economy, the Board is delegated the responsibility to consult with and make recommendations to Council on Tourism and Economic Development issues of interest to the Board in respect of the Board's ward.

8.0 COMMUNITY AWARDS

The Board has a unique position in the community to identify or be advised of individuals who make significant contributions to their community. Accordingly the Board is delegated the responsibility for the granting of community awards in its ward.

9.0 COMMUNITY DEVELOPMENT

The Council has obligations under the Local Government Act to promote the social well being of communities for the present and in the future.

Accordingly the Board is delegated the following with regard to community development issues:

• To liaise/consult with individuals and groups in the Board's area of responsibility and to assist with local decision making

• To advocate for the community on any issue

• To make submissions to any organisation relating to matters of interest to the Board in respect of the Board's area.