Does Bluff Have Some Power Now?

24 Jan

I may be arguing semantics and in practice I doubt Council intend them to have any but…

The new Governance Statement says this of Bluff Community Board

Delegations: The Bluff Community Board has the authority to exercise any of the powers granted to the Council, with the exception of:

(a) Those powers specifically excluded by the law.
(b) Those powers which Council delegates to officers.
(c) Those powers which would by the exercise of those powers, have an effect beyond the community of the Community Board involved.
(d) Resource consent applications.
(e) Those matters specifically delegated to the Standing Committees of Council.

So there is the very relevant ‘to exercise any of the powers granted to the Council‘.  Note that it says TO the council.  Poor old Brent Procter kept misquoting it.  He would claim and argue, BY the council.   To me it is saying, anything council can do, Bluff can do too.  Five conditions exist though, the first one, for instance precludes them from hiring and firing staff and owning property, because they are denied by law.

Using the criteria above though, I can’t see why the board can’t allocate urban rejuvenation funding (within reason) to Bluff 2024.  Or maybe already budgeted event funding to Bluff Promotions.  Just examples of course.  Here is my argument why it may be possible.

We will begin with a hypothetical request from Bluff 2024 for some urban rejuvenation funding.  What stops Bluff Community Board approving or declining the application?  I’ll go through the exclusion list.

a) Approving already budgeted funding is commonly done by other community boards so it’s not precluded by law

b) It is NOT delegated to an officer.  It IS delegated to the urban rejuvenation sub-committee though (but not an officer)

c) As long as the amount is not significant enough to impact on the other groups applying then I don’t see an issue.

d) Definitely not a resource consent application

e) No, not delegated to a STANDING COMMITTEE.  I reiterate, it IS delegated to the urban rejuvenation sub-committee though (but not a standing committee)

I sense a loophole.  I’m sure (but unable to access my old Governance Statement to check) that the old version excluded anything that was already delegated but this one is very specific; officers and standing committees.  If I’m right we could get some funding for the Bluff Hill Grunt from the Events Fund.  I’m sure there is a community group project we could call community development for some more urban rejuvenation funding.


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