New Zealand Legislation: Acts

199B Transfer of functions and powers of Secretary

• (1) Despite anything in this Act or any other Act, but subject to this section,—

  • (a) the Secretary may, either generally or particularly, after consultation with the Commissioner, transfer to the Commissioner all or any of the functions or powers of the Secretary under this Act or under any regulations made under this Act; and

  • (b) the Agency may in like manner transfer to the Commissioner all or any of the functions or powers of the Agency under this Act or under any regulations made under this Act.

  (2) Every transfer under subsection (1) shall be effected by an instrument in writing signed by the Secretary or the Agency, as the case may be.

  (3) Where a function or power has been transferred under subsection (1), the Commissioner or any sworn or non-sworn member of the Police authorised by the Commissioner for the purpose may carry out the function or exercise the power as if the function or power had been conferred or imposed on him or her directly by this Act and not by transfer.

  (4) After consultation with the Commissioner, the Secretary or the Agency, as the case may be, may at any time, by an instrument in writing, resume on a date specified by the Secretary or the Agency, as the case may be, all or any of the functions or powers transferred under subsection (1); and, in that case, neither the Commissioner nor any sworn or non-sworn member of the Police may carry out functions or exercise powers resumed under this subsection.

  (5) Except as otherwise provided in an instrument under subsection (1), the Secretary or the Agency, as the case may be, shall not carry out any function or exercise any power that has been transferred under that subsection.

  (6) Any such transfer, until it is revoked, shall have effect according to its tenor, notwithstanding that the Secretary or the Agency, as the case may be, by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Secretary or the Agency, as the case may be.

  (7) [Repealed]

  Section 199B was inserted, as from 1 July 1992, by section 34 Transport Amendment Act (No 2) 1992 (1992 No 67).

  Section 199B(1): substituted, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).

  Section 199B(2): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 199B(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 199B(5): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Section 199B(6): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Subsections (2), (4), (5), and (6) were amended, as from 20 August 1993, by section 35(1) Land Transport Act 1993 (1993 No 88) by inserting the words “or the Director, as the case may be,” after the word “Secretary” wherever it occurs.

  Section 199B(7): repealed, on 1 May 2011, by section 35(4) of the Land Transport Amendment Act 2009 (2009 No 17).