Delegations from the Te Pūkenga Council to the Executive Director and Authorities and Sub-delegations from Executive Director - OP Business Division Procedure -

Otago Polytechnic (OP) is responsible for the business and affairs of the Polytechnic in conjunction with the Te Pūkenga Council.  The Te Pūkenga Interim Delegations Policy sets out the delegation of authority from the Te Pūkenga Council to the OP Executive Director, together with the limitations on those delegations. It also sets out the Te Pūkenga Council’s agreement to certain sub-delegations by the Executive Director.

This policy is to ensure delegations are implemented in a way that:

1. a) ensures the efficient and effective day-to-day management of OP in a financially responsible manner, and
2. b) enables the Te Pūkenga Council to meet its statutory and other obligations, including public accountability.

Education and Training Act 2020 and

Education and Training Amendment Act 2021

Crown Entities Act 2004, and all subsequent amendments

Public Service Act 2020, and all subsequent amendments

Public Finance Act 1989, and all subsequent amendments

Companies Act 1993, and all subsequent amendments

Local Government Official Information and Meetings Act 1987, and all subsequent amendments

Health & Safety at Work Act 2015, and all subsequent amendments.

1. Te Pūkenga Council, as authorised by the Education and Training Act 2020 section 295, delegates to the Executive Director all management powers and functions necessary for the operation of OP subsidiary of Te Pūkenga. Delegations must be within the New Zealand Te Pūkenga Subsidiaries Governance Framework Summary (February 2022) ( Appendix 1).
2. Te Pūkenga Council delegates to the Executive Director, the power to sub-delegate to members of the staff of OP. Appendix 2 identifies the specific functions and powers, delegated to the Executive Director in accordance with this Policy, which the Executive Director may sub-delegate.  Te Pūkenga Council has given its standing consent to the sub-delegations set out in Appendix 2.
3. Any sub-delegation must be consistent with this Policy and subject to the sub-delegate agreeing to comply with all specified delegation limitations in the form attached as Appendix 3.
4. Sub-delegations as set out in Appendix 2 must be approved by the following:

5. In instances of the absence of an authority, the authority can be delegated by the relevant person to a person in an acting capacity.
6. The Executive Director has not been given delegation to approve the Executive Director’s own staff development, study leave and international travel outside Australasia.
7. The Executive Director must act in good faith and in a manner that maintains the reputation of OP and Te Pūkenga and is consistent with and gives effect to Te Pūkenga’s functions (section 295 of the Education and Training Act Act) and Te Pūkenga’s charter (Schedule 12 of the Education Act).
8. The Executive Director shall keep the Te Pūkenga Council informed at all times, operating on a “no surprises” basis.
9. The Executive Director will manage OP’s human, physical, and financial resources prudently and in the best interests of the institution. The principal purpose of expenditure being for the benefit of OP.
10. Te Pūkenga approval in accordance with the Te Pūkenga Interim Delegations Policy is required for any transaction or contract exceeding the limits delegated to the Executive Director.
11. Te Pūkenga Council is responsible for reviewing and approving the annual budget, the reforecast and the capital asset plan of OP.
12. All financial results shall be reported against the annual budget or the approved reforecast to the Te Pūkenga Council each month, in accordance with the reporting guidelines approved by the Te Pūkenga Council.
13. Any or all delegations under this policy may be withdrawn, amended, or reduced at any time by a written confirmation from the Chair of the Te Pūkenga Council to the Executive Director, or by a formal Te Pūkenga Council resolution.
14. Where this policy conflicts with any laws or regulations or any decision made by the Te Pūkenga Council, the laws, regulations, or Te Pūkenga Council decision (as applicable) take precedence.
15. The Executive Director and any sub-delegates must consider if they have a conflict of interest in respect of the matter before exercising the delegated authority. The Te Pūkenga Te Kaupapa-here Conflict of Interest Policy outlines guidance on managing conflicts of interest.

Appendices: Click on the Appendices, Policies and OPBD Procedure hyperlinks below to download

• Appendix 1. Te Pūkenga Subsidiaries Governance Framework Summary (February 2022)
• Appendix 2. The Authorities and Delegations V3
• Appendix 3. Delegated Authority Change Form (refer to Delegated Authority Form)

 To be read in conjunction with Te Pūkenga:

• Te Pūkenga Anga Wakarite Tuhinga | Document Development Framework
• Te Pūkenga Kaupapa-here | Conflict of Interest Policy
• Te Pūkenga Kaupapa-here | Interim Delegations Policy
• Te Pūkenga Kaupapa-here | National Fraud and Corruption Policy
• Te Pūkenga Kaupapa-here | National Expenditure Policy
• Te Pūkenga Kaupapa-here | National Recruitment Policy
• Te Pūkenga Kaupapa-here | Official Information Policy
• Te Pūkenga Operational Directive for ITP Business Divisions
• Te Pūkenga Procurement Policy
• Te Pūkenga Risk Management Framework
• Te Pūkenga Treasury Policy
•  Te Pūkenga Transitioning (Grandparenting) Former Subsidiary Policies

 To be read in conjunction with OPBD:

• OP Business Division Procedure - Purchasing and Credit Cards Policy
• OP Business Division Procedure - Procurement and Purchasing Policy Te Pūkenga Aligned
• OP Business Division Procedure – Recruitment of Staff
• OP Business Division Procedure - Risk Management
• OP Business Division Procedure -Travel on Otago Polytechnic Business Policy

POLICY VERSION: V9 Previously coded: CP0005