28 Delegation of functions or powers of appropriate Minister

(1)

The appropriate Minister in relation to a department or departmental agency may from time to time, either generally or particularly, delegate to the chief executive of that department or departmental agency all or any of the Minister’s functions and powers under this Act or any other Act, including functions or powers delegated to the Minister under this Act or any other Act.

(2)

Every delegation under this section shall be in writing.

(3)

No delegation under this section shall include the power to delegate under this section.

(4)

The power of the appropriate Minister to delegate under this section—

(a)

is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister’s functions or powers; but

(b)

does not limit any power of delegation conferred on the Minister by any other Act.

(5)

Subject to any general or special directions given or conditions imposed by the appropriate Minister, the chief executive may exercise any functions or powers so delegated to the chief executive in the same manner and with the same effect as if they had been conferred on the chief executive directly by this section and not by delegation.

(6)

Where the chief executive purports to act pursuant to any delegation under this section, the chief executive shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(7)

No such delegation shall affect or prevent the exercise of any function or power by the appropriate Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation.

Section 28(1): amended, on 18 July 2013, by section 18 of the State Sector Amendment Act 2013 (2013 No 49).