New Zealand Legislation: Acts

4A Delegation of Secretary’s powers

• (1) The Secretary may from time to time, either generally or particularly, delegate in writing to any official or employee of the Department such of the Secretary’s powers, functions, and discretions under this Act as the Secretary determines, other than—

  • (a) the powers, functions, and discretions conferred on the Secretary by sections 14(2) to (5), 16(4), 19, 21 to 27, 34, 35, 35A, 48, and 85; and

  • (b) the power of delegation conferred by this subsection.

  (1A) The Secretary may from time to time, either generally or particularly, delegate in writing to the chief executive of any department of the Public Service listed in Schedule 1 of the State Sector Act 1988 such of the Secretary’s powers, functions, and discretions under this Act as the Secretary determines, including the power of delegation conferred by this subsection.

  (2) Any delegation under this section may be made to—

  • (a) a specified person; or

  • (b) a person of a specified class; or

  • (c) the holder for the time being of a specified office or appointment; or

  • (d) the holders for the time being of offices or appointments of a specified class.

  (3) Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the person to whom any powers, functions, and discretions are delegated may exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

  (4) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with its terms in the absence of proof to the contrary.

  (5) A delegation under this section shall not affect the exercise of any power, function, or discretion by the Secretary.

  (6) If the Secretary by whom any delegation under this section is made ceases to hold office, the delegation shall continue to have effect as if made by the Secretary’s successor in office.

  (7) Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.

  (8) Nothing in this section or in any delegation made under this section shall limit or affect the provisions of section 5.

  Section 4A: inserted, on 1 April 1989, by section 3 of the War Pensions Amendment Act 1988 (1988 No 148).

  Section 4A(1)(a): amended, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).

  Section 4A(1A): inserted, on 1 July 1999, by section 8 of the Veterans’ Affairs Act 1999 (1999 No 76).