New Zealand Legislation: Acts

40 Acting chief executive

• (1) Where—

  • (a) there is a vacancy in the position of a chief executive; or

  • (b) a chief executive is absent from duty (from whatever cause arising) and that chief executive is unable to delegate his or her responsibilities under this Act to any other person under section 41,—

  all or any of the functions, powers, and duties of the chief executive or pertaining to the position may be exercised and performed by—

  • (c) a chief executive of another department; or

  • (d) [Repealed]

  • (e) an employee,—

  for the time being directed by the Commissioner to exercise and perform them, 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 person acting pursuant to any such direction 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 person had not been appointed to the position of chief executive.

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

  Section 40(1): substituted, on 19 December 1989, by section 7 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

  Section 40(1)(d): repealed, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

  Section 40(3): amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).