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Local Government Act 2002

Governance and management of local authorities and community boards - Local authorities - Governing bodies and chief executives

42: Chief executive

You could also call this:

“The council boss who runs things and helps make decisions”

Your local authority must appoint a chief executive. The chief executive has many important jobs to do for the local authority. They need to make sure the local authority’s decisions are carried out. They also need to give advice to the members of the local authority and any community boards.

The chief executive is responsible for making sure all the duties and powers given to them or to other people working for the local authority are done properly. They need to manage the local authority’s activities well and efficiently. They also need to help make sure lots of people vote in local elections.

The chief executive has to set up systems to plan and report on how the local authority is doing with money and services. They lead the staff of the local authority and hire people to work there. They also negotiate with staff about their jobs and pay.

If the local authority covers an area that has local boards, the chief executive has extra jobs. They need to carry out the decisions of each local board and help the boards do their work.

The chief executive needs to make sure the way the local authority is run keeps separate the parts that make rules from the parts that do other things. They also need to make sure the local authority can get good advice to help solve any problems when different goals conflict.

For any other laws, the chief executive is considered the main person in charge of running the local authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM171859.

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Government and voting > Local councils
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Part 4 Governance and management of local authorities and community boards
Local authorities: Governing bodies and chief executives

42Chief executive

  1. A local authority must, in accordance with clauses 33 and 34 of Schedule 7, appoint a chief executive.

  2. A chief executive appointed under subsection (1) is responsible to his or her local authority for—

  3. implementing the decisions of the local authority; and
    1. providing advice to members of the local authority and to its community boards, if any; and
      1. ensuring that all responsibilities, duties, and powers delegated to him or her or to any person employed by the local authority, or imposed or conferred by an Act, regulation, or bylaw, are properly performed or exercised; and
        1. ensuring the effective and efficient management of the activities of the local authority; and
          1. facilitating and fostering representative and substantial elector participation in elections and polls held under the Local Electoral Act 2001; and
            1. maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority; and
              1. providing leadership for the staff of the local authority; and
                1. employing, on behalf of the local authority, the staff of the local authority (in accordance with any remuneration and employment policy); and
                  1. negotiating the terms of employment of the staff of the local authority (in accordance with any remuneration and employment policy).

                    1. In the case of a unitary authority for a district that includes 1 or more local board areas, a chief executive appointed under subsection (1) is also responsible to the unitary authority for—

                    2. implementing the decisions of each local board within the district of the unitary authority; and
                      1. implementing each local board agreement; and
                        1. providing advice to each local board and its members; and
                          1. providing the administrative and other facilities for each local board that are necessary for the board to carry out its functions and perform its duties.

                            1. A chief executive appointed under subsection (1) is responsible to his or her local authority for ensuring, so far as is practicable, that the management structure of the local authority—

                            2. reflects and reinforces the separation of regulatory responsibilities and decision-making processes from other responsibilities and decision-making processes; and
                              1. is capable of delivering adequate advice to the local authority to facilitate the explicit resolution of conflicting objectives.

                                1. For the purposes of any other Act, a chief executive appointed under this section is the principal administrative officer of the local authority.

                                Compare
                                Notes
                                • Section 42(2)(da): inserted, on , by section 15 of the Local Government Regulatory Systems Amendment Act 2019 (2019 No 6).
                                • Section 42(2)(g): amended, on , by section 22(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                • Section 42(2)(h): amended, on , by section 22(2) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).
                                • Section 42(2A): inserted, on , by section 16 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).