New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The chief executive may from time to time, either generally or particularly, delegate any of the functions or powers of the chief executive under this Act or any other Act, including, without the prior written consent of the Commission, functions or powers delegated to the chief executive under this Act or any other Act, to—
(a) any member of the Fire Service, whether or not that member holds Fire Service rank; or
(b) any member of any volunteer fire brigade or defence fire brigade or industrial fire brigade.
(2) In any case where the chief executive has, pursuant to subsection (1), delegated any of the chief executive's functions or powers to any person, that person may, with the prior approval in writing of the chief executive, delegate such of those functions or powers as the chief executive approves to any other member of the Fire Service or to the holder for the time being of any specified office in the Fire Service.
(3) Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
(4) The power of the chief executive to delegate under this section—
(a) is subject to any prohibitions, restrictions, or conditions contained in any other Act (except the Crown Entities Act 2004) in relation to the delegation of the chief executive's functions or powers; but
(b) shall not limit any power of delegation conferred on the chief executive by any other Act.
(5) Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
(6) Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.
(7) No such delegation shall affect or prevent the exercise of any function or power by the chief executive, nor shall any such delegation affect the responsibility of the chief executive for the actions of any person acting under the delegation.
(8) Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the chief executive and with other necessary modifications.
(9) This section applies despite sections 74 to 76 of the Crown Entities Act 2004.
Section 17G: inserted, on 1 January 1991, by section 15 of the Fire Service Amendment Act 1990 (1990 No 136).
Section 17G(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 17G(4)(a): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 17G(8): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 17G(9): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).