The Otago Regional Council has ''clarified'' the chief executive's authority to initiate and withdraw prosecutions. Councillors voted at Regional House in Dunedin this week on the amendment of its delegations to the council chief executive.
Council chairman Stephen Woodhead said the delegations to the Supreme Court were unclear and needed to be ''clarified and formalised''.
''Matters of a legal nature are delegated to the chief executive so there is no political involvement and there can be no political bias around decisions for compliance activity.''
For example, if somebody breached the Resource Management Act and the council prosecuted, the authority would be delegated to the chief executive.
The Auditor-general believed enforcement decisions were best left to officials, Mr Woodhead said.
''And independent of political influence.''
The council had realised the current delegations did not cover the Court of Appeal and should be amended for the chief executive to be authorised, on behalf of the council, to initiate, prosecute, withdraw, and ''all other things necessary'' to conduct appeals, he said.
The amendments cover appeals from the Environment Court to the High Court,
the District Court to the High Court, the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court.
''So it was absolutely clear what delegated authority our chief executive Mr [Peter] Bodeker had,'' Mr Woodhead said.
Cr Louise Croot said it was ''a sensible approach'' and moved the recommendation.
Eight of the 11 councillors voted for the amendment and Bryan Scott voted against.
Crs Duncan Butcher and Sam Neill were absent.
Cr Scott said some political governance was appropriate.
''I'm not sure at what point that might be - the High Court, the Court of Appeal or the Supreme Court - so in terms of my vote I feel that I need to be conservative in regards to giving away that particular power.''
