New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Fire Authority of each State area shall be the Minister of Conservation.
(2) The Minister of Conservation may from time to time, by writing under his hand, either generally or particularly, delegate to the Director-General of Conservation or to any officer or employee of the Department of Conservation all or any of his powers as Fire Authority in respect of the area, but not the power to delegate under this section.
(2A) Any delegation made by the Minister of Conservation under this section may be made to the holder or holders for the time being of a specified office or class of office.
(3) Subject to any general or special directions given or conditions attached by the Minister of Conservation, the Director-General of Conservation or officer or employee of the Department of Conservation may exercise any powers delegated to him as aforesaid 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.
(4) Where the Director-General of Conservation or any officer or employee of the Department of Conservation purports to act pursuant to or in accordance with any delegation under this section, whether in his own name or in the name of the Minister of Conservation, he shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary; and in any case of doubt the Minister of Conservation may ratify the action of the Director-General of Conservation or officer or employee of the Department of Conservation.
(5) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister of Conservation.
(6) Unless and until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Minister of Conservation by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister of Conservation; and, in the event of the Director-General of Conservation or officer or employee of the Department of Conservation to whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding the office or, if there is no holder of the office or if the holder of the office is absent from duty, to the person for the time being directed under the State Sector Act 1988 or any other authority to act in the place of the holder of the office.
Compare: 1955 No 44 s 11
Section 11(1): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 11(2): amended (with effect on 1 April 1987), on 1 July 1987, by section 5(1)(a) of the Forest and Rural Fires Amendment Act 1987 (1987 No 119).
Section 11(2): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 11(2A): inserted (with effect on 1 April 1987), on 1 July 1987, by section 5(2) of the Forest and Rural Fires Amendment Act (1987 No 119).
Section 11(3): amended (with effect on 1 April 1987), on 1 July 1987, by section 5(1)(b) of the Forest and Rural Fires Amendment Act (1987 No 119).
Section 11(3): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 11(4): amended (with effect on 1 April 1987), on 1 July 1987, by section 5(1)(a) of the Forest and Rural Fires Amendment Act 1987 (1987 No 119).
Section 11(4): amended (with effect on 1 April 1987), on 1 July 1987, by section 5(1)(b) of the Forest and Rural Fires Amendment Act 1987 (1987 No 119).
Section 11(4): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 11(5): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
Section 11(6): amended, on 1 April 1988, pursuant to section 90(a) of the State Sector Act 1988 (1988 No 20).
Section 11(6): amended (with effect on 1 April 1987), on 1 July 1987, by section 5(1)(b) of the Forest and Rural Fires Amendment Act 1987 (1987 No 119).
Section 11(6): amended, on 1 April 1987, by section 65(1) of the Conservation Act 1987 (1987 No 65).
