3 Tertiary Education Institutions and their Councils

Delegation of council authority

The Act provides for the council to delegate in writing to the Chief Executive or a council committee any of its functions or powers, except the power to appoint a chief executive. With the council’s approval, the delegation from the council can be further delegated by the Chief Executive or a council committee to a TEI staff member (s 222).

The council is responsible for ensuring that its chief executive manages the TEI in compliance with its Investment Plan. To do so, the Chief Executive must be delegated the authority required to manage the TEI. This also enables the council to hold the Chief Executive accountable for management of the TEI.

The council may delegate its authority but not its responsibility:

A delegation under this section does not affect or prevent the performance of any function or the exercise of any power by the council or affect the responsibility of the council for the actions of any person acting under the delegation.