The relevant Otago Polytechnic policies, procedures and guidelines and the New Zealand Institute of Skills and Technology (NZIST) policies, procedures and guidelines as per the Otago Polytechnic Transitioning (Grandparenting) From NZIST Policy.
Audience and Scope
Introduction
Purpose
Compliance
Definitions
Principles
Parameters of Chief Executive’s Standing Delegations
Authority of the Chief Executive to Sub-Delegate
Roles and Responsibilities
References
Appendices
Matters Reserved for Council
1.1. Otago Polytechnic policies and procedures are guided by and give effect to Te Tiriti ō Waitangi and honour our obligations as a Tiriti partner.
1.2. This is a policy of Otago Polytechnic and applies to:
Council members
Committees of Council
Chief Executive
All employees of Otago Polytechnic including contracted staff and those on fixed-term contract (collectively referred to as kaimahi in this policy).
2.1. Otago Polytechnic is a Crown Entity established under and governed by the Education and Training Act 2020 and the Crown Entities Act 2004. As an educational institution, Otago Polytechnic is also required to uphold academic freedom.
2.2. Council is the governing body of Otago Polytechnic. All acts or things done in the name of, or on behalf of, Otago Polytechnic with the authority of Council or the Chief Executive (or of a delegate) are to be treated as done by Otago Polytechnic.
2.3. The duties and powers of Council are set out in sections 280 to 283 of the Education and Training Act 2020. The provisions that apply to delegations by Council are set out in sections 73 to 76 of the Crown Entities Act 2004*.
Notes
* These provisions apply because they are included in Part 2 of Schedule 4 of the Crown Entities Act, which sets out provisions of the Crown Entities Act 2004 that apply to Te Pūkenga and the Council.
3.1. The purpose of this policy is to support accountability and responsibility in decision making across Otago Polytechnic and confirm the scope of authority delegated by:
a) Council to its Committees and its Chief Executive, pursuant to section 73 of the Crown Entities Act 2004 and section 324 Education and Training Act 2020 in the context of Academic Committee; and
b) the Chief Executive to kaimahi across Otago Polytechnic, pursuant to section 74 of the Crown Entities Act 2004.
3.2. This policy sets out the parameters within which the Chief Executive must exercise its authority and the standard of oversight expected from the Chief Executive and management in relation to the exercise of sub-delegated authority across the organisational structure of Otago Polytechnic.
3.3. The specific functions and powers delegated in accordance with this policy are set out in a separate Delegations Register.
Committees: Such Committees as established by Council which, at the time of adopting this policy, include Academic Committee.
Council: All those operating at a governance level, including Council members and members of Council’s advisory committees.
Kaimahi: Employees of Otago Polytechnic, including contracted staff providing services for Otago Polytechnic, and those on fixed-term contracts.
Te Kāhui Manukura (TKM): Means the Deputy Executive Directors, Directors and Heads of Department reporting directly to the Chief Executive.
3.1. All delegations at Otago Polytechnic flow from Council.
3.2. Delegations may be standing or temporary.
3.3. Standing delegations confer authority on a position or positions to exercise functions or powers of a particular kind, as and when they arise (for example the power to incur expenses up to a budget limit). These delegations are ongoing and are delegations to the relevant position or positions within Otago Polytechnic.
3.4. Temporary delegations may be required when there is a need to delegate powers or functions in relation to a specific matter, or between reviews of standing delegations. A temporary delegation may be made for any purpose; to any position; or to any persons. It is expected that temporary delegations would only be in place for as long as it takes to deal with the specific matter, or until the standing delegations can be updated. Where a temporary delegation is required, this may be done via a letter of delegation given by someone/body with authority to sub-delegate.
Standing delegations to Committees
3.5. Pursuant to section 73 of the Crown Entities Act 2004, Council delegates to each Committee of Council those powers and functions specified in Part A of the Delegations Register. Council may delegate authority to a committee in relation to any additional matter by way of a resolution of Council to that effect.
Standing Delegations to the Chief Executive*
3.6. Pursuant to section 73 of the Crown Entities Act 2004, the Council delegates to the Chief Executive of Otago Polytechnic all management powers and functions necessary for the operation of Otago Polytechnic** consent to sub-delegate in the manner set out at paragraphs below.
Notes
* Delegations to the Chief Executive shall continue to have effect where:
a) the Chief Executive is replaced by a new Chief Executive; or
b) there is no Chief Executive for the time being, or the Chief Executive is absent from duty, as if made to the person for the time being acting in place of the Chief Executive.
** This policy document should be read as a written notice to the Chief Executive for the purpose of section 73, Crown Entities Act 2004.
4.1. What is necessary for the “operation of Otago Polytechnic” is determined by reference to the strategic direction set by Council as documented in the current Investment Plan of Otago Polytechnic and other strategic documentation (Council’s Direction). The Chief Executive does not have any authority to undertake (or permit to be undertaken) any action or transaction that is not aligned with Council’s Direction.
4.2. The Chief Executive does not have delegated authority in relation to:
a) any of the functions or powers specified in the Education and Training Act 2020 as not being capable of delegation; and
b) any matter reserved for Council as set out in Appendix 1. This includes not having any authority to enter into:
any expenditure or capital commitment or arrangement exceeding the applicable annual budget for Otago Polytechnic (except to the extent that Council expressly authorises the Chief Executive to do so);
any expenditure or capital commitment or arrangement exceeding any sub-limit as shown within the applicable annual budget for Otago Polytechnic, in each case, unless the Council provides a separate express authority to do so; and
undertake and/or approve any action, transaction or activity where the Treasury Policy provides that the Council retains authority to approve that action, transaction or activity.
Consequence where a matter is not within the delegated authority of the Chief Executive
4.3. Where a matter is outside the parameters set for the Chief Executive, the matter must be referred to Council for decision making or to such Committee of Council as may have the delegated authority of Council in relation to the particular matter.
Exercise of delegated authority
4.4. The Chief Executive must exercise their delegated authority in a manner that complies with all policies and procedures of Otago Polytechnic and withstands internal and external scrutiny. In addition, the Chief Executive will:
a) keep the Chairperson informed of any matter within the parameters of their delegation which could have material ramifications for Otago Polytechnic;
b) consult with the Chairperson in relation to the recruitment of any tier two (2) kaimahi who will report directly to the Chief Executive;
c) seek approval from the Chairperson for any overseas travel by the Chief Executive; and
d) consult with the Chairperson if they are uncertain as to the scope of their delegated authority and take direction from the Chairperson prior to exercising the delegated authority.
Power to sub-delegate
5.1. The Chief Executive is authorised to sub-delegate to specific roles across Otago Polytechnic pursuant to section 74 of the Crown Entities Act 2004. All delegates must act within the scope of their delegated authority and in a responsible manner.
Conflict of interest
5.2. Except with the prior written approval of Otago Polytechnic Council, neither the Chief Executive nor any sub-delegate may exercise any delegated authority in relation to a matter where they have a conflict of interest as defined in the Conflict-of-Interest Policy.
Register of Standing Delegations
5.3. The Chief Executive is authorised to adopt a Delegations Register in relation to role positions within Otago Polytechnic, rather than named kaimahi. If a kaimahi moves from one position in the organisation to another position, the delegations relating to the initial role position no longer apply to that kaimahi. Any delegation to a specified role position may also be exercised by the Formal Leader for that role position. This policy must be read in conjunction with the current Delegations Register approved by the Chief Executive.
Delegations versus Sub-delegations
5.4. When sub-delegating to Deputy Executive Directors, the Chief Executive will ensure that the delegation relates only to the remit of their role noting that certain roles will have specific scope;
Authority to amend or revoke standing delegations
5.5. The Chief Executive is authorised to amend or revoke any standing delegations from time to time (without recourse to Council) in so far as they relate to their sub-delegations where they consider this necessary to enhance the efficiency of Otago Polytechnic operations or to reflect changes to the organisational structure.
Scope of sub-delegations
5.6. A Delegate is authorised to take any action or sign any document within their delegated authority but subject to the following:
Delegates must comply with any legal requirements and/or any applicable policies and procedures in relation to entry into the agreement/subject matter of the document (including adherence to conflicts of interest and procurement requirements).
a) All delegations and authorisations must promote efficiency and effectiveness and provide clear accountability.
b) The delegation must be exercised within the limits of the relevant approved budget and cost centre owner. Delegates must not approve expenditure for a cost centre for which they are not responsible, except with the prior written permission of the cost centre owner.
c) Delegates can further sub-delegate standing delegations where the Chief Executive (or delegate) authorises this.
d) Transactions must not be structured to attempt to avoid the financial limits set out in this policy (e.g. by splitting purchases over more than one (1) purchase order, or multiple invoices for a purchase).
e) For the avoidance of doubt, delegations include the authority to take any other action necessary or desirable to give effect to the decision. For example, an authority to commit to expenditure includes an authority to make payment.
Breach of Delegations
5.7. Kaimahi who breach this policy will be subject to disciplinary action. Any intentional breach may also lead to criminal charges.
Temporary delegated authorities
5.8. Temporary delegated authorities for leave or other purposes may be approved by the following persons:
a) Any temporary delegation of the Chief Executive’s delegated authorities must be approved by the Chairperson.
b) Any temporary delegation of a Deputy Executive Director’s delegated authorities must be approved by the Chief Executive.
c) Any temporary delegation of any other kaimahi member’s delegated authorities must be approved by the Deputy Executive Director to which they report.
5.9. Temporary delegated authorities will be subject to the following restrictions:
a) Temporary delegated authorities must be in the form of the Template Temporary Delegation Memo.
b) The Memo should be addressed to the approver and must be signed personally by the delegator (electronic signatures may be used).
c) The authority may only be exercised for the purpose for which it is made.
d) All temporary delegated authorities will be made for a fixed period and, unless renewed, will automatically expire on the conclusion of that fixed period.
e) Kaimahi may grant temporary delegated authorities to kaimahi at the same or higher delegated financial authority level, provided that kaimahi are not required to grant temporary delegated authorities to their Formal Leader or Deputy Executive Director within their reporting line.
f) The Chief Executive, Te Kāhui Manukura may grant temporary delegated authorities to kaimahi at a lower delegated financial authority level. All other kaimahi may not grant temporary delegated authorities to kaimahi at a lower delegated financial authority level.
Interim working delegated authorities
5.10. From time to time, it may be necessary for kaimahi to grant interim working delegated authorities to other kaimahi, to facilitate approvals within IT platforms. In that circumstance, the delegator will remain responsible for the exercise of the authority and must approve any proposed actions within the relevant IT platform in writing.
5.11. Interim working delegated authorities must be approved by the Deputy Executive Director to which the delegator reports.
5.12. Interim working delegated authorities must be in the form of the Template Interim Working Delegation Memo. The Memo should be addressed to the approver and must be signed personally by the delegator (electronic signatures may be used).
Assurance in Relation to Exercise of Sub-delegations
5.13. It is the responsibility of the Chief Executive and Te Kāhui Manukura to oversee the exercise of delegations under the standing delegations.
5.14. Those with delegated authority are accountable for their use of that delegated authority. Delegated authority holders must comply with the standing delegations issued by the Chief Executive and all applicable policies and legislation. It is an expectation that those with delegated authority will have proper regard to any standards of accepted practice and the potential risks to Otago Polytechnic as a result of each exercise of delegated authority and will seek appropriate advice where necessary and prior to using or committing delegated authority (including obtaining any advice to inform decision making such as human resources, legal and/or financial advice).
5.15. Formal Leaders and/or cost centre owners are expected to:
a) Monitor the exercise of delegations in their area.
b) Take or recommend action where a delegate acts outside of their delegated authority or exercises that authority in a manner inconsistent with the policies and procedures of Otago Polytechnic.
c) Such conduct may be a breach of kaimahi employment agreement and may lead to disciplinary action. Any intentional breach may also lead to criminal charges.
5.16. The Chief Executive and Te Kāhui Manukura are required to provide annual assurances that the policies of Otago Polytechnic have been adhered to and financial controls exercised over the resources of the area for which they hold a budget. These assurances will form part of Otago Polytechnic complying with its legislative compliance assurance requirements under the Public Finance Act 1989, or such other assurance as required by our external auditors.
5.17. The efficacy of the Delegations Register will be subject to monitoring by the Chief Executive’s Office.
Chief Executive:
Remain responsible and accountable for the exercise of any delegated function or power
May exercise a delegated power or function at any time
Monitor the performance of all delegates
Revoke delegations at will
Make temporary adjustments to delegations within delegated power
Committees of Council: Act in accordance with relevant Terms of Reference and within delegated authority set out in the Delegations Register
Council:
Remain responsible and accountable for the exercise of any delegated function or power
May exercise a delegated power or function at any time
Monitor the performance of their delegates
Revoke any delegations granted at will.
Kaimahi: Be aware of:
Any functions and powers delegated to your role;
The limits of kaimahi authority to act on behalf of Otago Polytechnic; and
The rules, policies and processes relevant to the exercise of your delegations
Te Kāhui Manukura (TKM):
May exercise delegated power and function at any time within delegation
Monitor the performance of delegates
Ensure appropriate controls are in place to prevent misuse of delegated authority.
1. Delegations Register (click to download)
2. Temporary Delegation Memo - Template (click to download)
3. Academic Committee Policy and Terms of Reference (click to download)
4. Appointments and Recruitment Committee Terms of Reference (click to download)
5. Finance, Audit and Risk (FARC) Committee Terms of Reference (click to download)
6. Wellbeing and Safety Committee Terms of Reference (click to download)
Matters Reserved for Council (click to download)
John Gallaher (Chairperson Council)
Otago Polytechnic Council
Date 18 December 2025