Extra Meetings For Councils?

In deciding a recent case the High Court has stated that councils cannot delegate certain of their powers to their chief executives. Margo Perpick, a partner of the Christchurch Lawlink firm of Wynn Williams & Co, outlines the case concerned and why the Court made this statement.

A recent decision of the High Court has considered whether certain powers of a council can be delegated to its chief executive. The Court stated that only a council, ie not its chief executive, can appeal a decision of the District Court. This means that councils must be prepared to convene meetings as a matter of urgency before the time to appeal runs out.

In this case, Hamilton City Council v Green (27/11/01, Baragwanath J, Hamilton Registry AP24/00), a High Court appeal brought by the Hamilton City Council was struck out because the appeal had not been approved by way of council resolution before being lodged with the Court.