Board of trustees

Can a board delegate its responsibilities?

A board may delegate any of the functions of the Board except those specifically described as unable to be delegated. 

The general power to delegate may not be delegated. 

Education Act 1989 schedule 6 section 17 – Legislation website

Delegations may be made to:

(a) a trustee or trustees; or

(b) the principal or any other employee or employees, or office holder or holders, of the board; or

(c) a committee consisting of at least 2 persons, at least 1 of whom is a trustee; or

(d) any other person or persons approved by the Minister of Education; or

(e) any class of persons comprised of any of the persons listed in paragraphs (a) to (d)

Processes for delegating

The board remains responsible for actions of any delegate. Delegating a function does not prevent the board from carrying out that function itself.

Delegations must be made by board resolution and written notice given to the delegate. Delegations need to be in writing and good records kept. A delegation may be revoked by a resolution of the board and written notice given to the delegate. 

Financial delegations

Any power to borrow money under s160 or s162 of the Crown Entities Act 2004 may not be delegated. 

More information regarding delegations can be found in the Ministry of Education's financial management handbook.

Managing school finances – Ministry of Education website

Updated: June 2017

 

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