New Zealand Legislation: Acts

15A Delegation of Secretary’s powers to claims panels and national review officers

• (1) The Secretary may from time to time, either generally or particularly, delegate in writing to any claims panel, or national review officer appointed under section 15C, such of the Secretary’s powers, functions, and discretions under sections 14(2) to (4), 19, 21 to 27, 34, 35, 35A, 48, and 66A and (in the case of a delegation to a national review officer) sections 14(5), 16(4), and 85 as the Secretary determines.

  (2) Subject to any general or special directions given or conditions or restrictions imposed by the Secretary, the claims panel or national review officer to which or 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.

  (3) Every claims panel or national review officer 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.

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

  (5) 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.

  (6) Every delegation under this section to a specified claims panel shall continue to have effect notwithstanding any change in the membership of the panel.

  (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 15A: inserted, on 1 April 1989, by section 7(1) of the War Pensions Amendment Act 1988 (1988 No 148).