Plant Variety Rights Act 1987 No 5 (as at 01 November 2009), Public Act

33 Delegations
  • (1) The Commissioner may from time to time, by writing under the Commissioner's hand, generally or particularly or subject to conditions, delegate to such officer or officers or employee or employees of the Ministry for the time being designated under section 30(3) as the Commissioner thinks fit all or any of the powers conferred on the Commissioner by or under this Act or any other Act, including any powers delegated under any other Act, but not including any power to appoint technical advisors under section 32(4) or this present power of delegation.

    (2) Every delegation under this section shall be revocable, and no such delegation shall prevent the exercise of any power by the Commissioner.

    (3) A delegation under this section shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner 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 Commissioner; but if the holder of a specified office to whom any such delegation has been made ceases to hold office, it shall expire.

    (4) 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 that delegation.

    Compare: 1973 No 37 s 10