Delegations from the Board to the Chief Executive and Authorities and Sub Delegations from Chief Executive

The Board of Otago Polytechnic Limited (Board) is responsible for the business and affairs of the Polytechnic.  This policy sets out the delegation of authority from the Board to the Chief Executive, together with the limitations on those delegations. It also sets out the Board’s agreement to certain sub-delegations by the Chief Executive.

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

1. a) ensures the efficient and effective day to day management of Otago Polytechnic Limited in a financially responsible manner and
2. b) enables the Board 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. The Board, as authorised by the Education and Training Act 2020 section 295, delegates to the Chief Executive all management powers and functions necessary for the operation of Otago Polytechnic Limited. Delegations must be within the New Zealand Institute of Skills and Technology’s (NZIST) Subsidiaries Governance Framework (Appendix 1).
2. The Board delegates to the Chief Executive, the power to sub-delegate to members of the staff of Otago Polytechnic Limited. Appendix 2 to this Policy identifies the specific functions and powers, delegated to the Chief Executive in accordance with this Policy, which the Chief Executive may sub-delegate.  The Board 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 absence of an authority, the authority can be delegated by the relevant person to a person in an acting capacity.
6. The Chief Executive has not been given delegation to approve the Chief Executive’s own staff development, study leave, and international travel outside Australasia.
7. The Chief Executive must act in good faith and in a manner that maintains the reputation of Otago Polytechnic Limited and NZIST and is consistent with and gives effect to NZIST’s functions (section 295 of the Education and Training Act Act) and NZIST’s charter (Schedule 12 of the Education Act).
8. The Chief Executive shall keep the Board informed at all times, operating on a “no surprises” basis.
9. The Chief Executive will manage Otago Polytechnic Limited’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 Otago Polytechnic Limited.
10. Board and/or NZIST approval is required for any transaction or contract exceeding the limits delegated to the Chief Executive.
11. The Board and NZIST is responsible for reviewing and approving the annual budget, the re-forecast and the capital asset plan of Otago Polytechnic Limited.
12. All financial results shall be reported against the annual budget or the approved re-forecast to the Board each month, in accordance with the reporting guidelines approved by the Board.
13. Any or all delegations under this policy may be withdrawn, amended, or reduced at any time by a written confirmation from the Chairperson of the Board to the Chief Executive, or by a formal Board resolution.
14. Where this policy conflicts with any laws or regulations or any decision made by the Board, the laws, regulations, or Board decision (as applicable) take precedence.
15. The Chief Executive and any sub-delegates must consider if they have a conflict of interest in respect of the matter before exercising the delegated authority. The Conflict of Interest Policy outlines guidance on managing conflicts of interest.

Appendices: (Downloadable)

• Appendix 1. Te Pūkenga Subsidiaries Governance Framework Summary (February 2022)
• Appendix 2. Delegations Summary
• Appendix 3. Delegated Authority Change Form

Policies:

• Conflict of Interest Policy
• Procurement and Purchasing Policy Te Pūkenga Aligned
• Purchasing and Credit Cards Policy
• Delivery of Programmes by External Contracts
• Travel on Otago Polytechnic Business Policy
• Requests for Official Information Policy

Other:

• Otago Polytechnic Limited Strategic Plan
• Otago Polytechnic Annual Operational and Capital Expenditure Budgets

Approved by:
Adam La Hood
Chair: Otago Polytechnic Limited Board
15/02/2022

POLICY VERSION: V9 Previously coded: CP0005