New Zealand Legislation: Acts

17K Acting chief executive

• (1) In the case of absence from duty of the chief executive (from whatever cause arising) or on the occurrence from any cause of a vacancy in the position of chief executive (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the functions, powers, and duties of the chief executive or pertaining to the position may be exercised and performed by any other member of the Fire Service, whether or not that member holds Fire Service rank, for the time being directed by the Commission to exercise and perform those functions, powers, and duties, whether the direction has been given before the absence or vacancy occurs or while it continues.

  (2) No such direction and no acts done by any member acting pursuant to any such direction under subsection (1) shall in any proceedings be questioned on the ground that the occasion for the direction had not arisen or had ceased, or on the ground that the member had not been appointed to the position of chief executive.

  (3) The Commission shall determine the conditions of employment that are to apply to any member directed under subsection (1) to exercise and perform any of the functions, powers, and duties of the chief executive.

  Section 17K: inserted, on 1 January 1991, by section 15 of the Fire Service Amendment Act 1990 (1990 No 136).