Proposed statutory change rejected

University of Otago council members have unanimously voted against a proposed statutory change which would have delegated some of their governance powers to academic staff.

The university senate, which is the principal academic authority also charged with advising the council on matters of an administrative nature, ordered a legal review of Otago's 20 regulatory statutes in 2008.

Council members deliberated the revised set of 11 draft statutes - reviewed by university lawyer Gallaway Cook Allan partner Diccon Sim - at a meeting this week.

A draft administration statute proposed to "serve as an instrument of delegation" - effectively replacing five statutes covering the regulation of libraries, computer use, traffic and parking, the use of campus and premises, and alcohol - became a matter of contention.

Council member Dr James Every-Palmer said he was concerned about how rule-making powers under the revised administration statute would be delegated to boards, and then either approved by the senate or the vice-chancellor.

The statute, as proposed, would pass the "power to make detailed regulations on matters of a largely administrative nature", to "other groups" and away from council members.

Mr Sim's review said it was "important" the authority of the regulations would still be traced back to the council, despite council members no longer having any involvement in the regulatory process of administration.

Dr Royden Somerville backed the call for the council to retain its statutory-prescribed powers.

"Any rule-making or regulatory power should remain with the council," he said.

Council members recently approved the new alcohol statute to implement a liquor ban on open vessels and alcohol being consumed on campus grounds, a regulatory change which was able to be questioned at a council meeting, in public session, by student representatives.

Dr Every-Palmer acknowledged many of the matters dealt with under the draft statute were at a "rats and mice" level of administration, but there were "potential policy issues at stake".

A separation between governance and management was appropriate, he said.

The university council, under the Education Act 1989, has specific powers of governance accorded by legislation, and, as such, is the primary law-making authority at Otago.

Council member Judge Oke Blaikie said he was "a tad worried" by the proposed change.

"This is a fairly significant issue." Council members called for the status quo to remain.

It was appropriate for the respective boards to consider regulations, but their recommendations to either the senate and/or the vice-chancellor, should then be considered for approval by the council, Dr Every-Palmer said.