New Zealand Legislation: Acts

4 Delegation of powers by Director-General

• (1) The Director-General may from time to time, by writing under his hand, either generally or particularly, delegate to such officer or officers of the Ministry of Health as he thinks fit all or any of the powers exercisable by him under this Act.

  (2) Subject to any general or special directions given or conditions attached by the Director-General, the officer to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

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

  (4) Any delegation under this section may be made to a specified officer or to officers of a specified class or to the holder or holders for the time being of a specified office or class of offices.

  (5) Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Director-General.

  (6) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding that the Director-General 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 that Director-General.

  Subsection (1) was amended by section 98 Area Health Boards Act 1983 by inserting “or of any area health board”.

  Subsection (1) was further amended, as from 1 July 1993, by section 32 Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) by substituting “Ministry of Health” for “Department of Health or of any area health board”.