Looking back looking forward

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Looking back looking forward
TIM FYNES-CLINTON MANAGING PARTNER KING COMPANY
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Looking back

• Section 36(1) and (2)(a) still current
• (1) A local government has, in the exercise of
  its jurisdiction, all the powers of an
  individual.
• (2) A local government may, for example
• (a) enter into contracts

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Looking back

• Section 482 - now repealed
• A local government may make, vary and discharge a
  contract
• (a) under its corporate seal or
• (b) by a delegate under section 483.

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Looking back

• Contract is void and not saved by -
• The doctrine of part performance or
• The indoor management rule.

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Looking back

• What are a disappointed partys remedies?
• Restitution
• Sting one quantum meruit
• Sting two personal liability for breach of
  implied warranty of authority
• Renegotiate a valid contract on more satisfactory
  terms.

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Current Act provisions

• Section 36(1) and (2)(a) no change
• (1) A local government has, in the exercise of
  its jurisdiction, all the powers of an
  individual.
• (2) A local government may, for example
• (a) enter into contracts

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Current Act provisions

• Section 38(1)(a), (2) and (3) new
  de-corporatisation provision
• (1) A local government may execute a document in
  any of the following ways
• (a) if the local government is constituted by its
• councillors
• (i) by the mayor of the local government signing
  the document on behalf of the local government
  or
• (ii) by an authorised councillor of the local
  government signing the document on behalf of the
  local government

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Current Act provisions

• (2) Subsection (1) does not limit section 472 or
  483.
• (3) In this section
• authorised councillor, of a local government,
  means a councillor of the local government who is
  authorised in writing by the mayor of the local
  government to execute documents on behalf of the
  local government.

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Current Act provisions

• Section 472(1) and (2) no change
• (1) A local government may, by resolution,
  delegate its powers under a local government Act.
• (2) The delegation may be made to
• (a) the mayor or
• (b) a standing committee or joint standing
  committee or
• (c) the chairperson of a standing committee or
  joint
• standing committee or
• (d) the chief executive officer.

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Looking forward

• New Act
• Corporate and operational plans
• Review and identify new significant business
  activities
• Local law review?

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Looking back looking forward

• Any time for questions or comments?