New Zealand Legislation: Acts

41 Delegation of functions or powers

• (1) The chief executive of a department may from time to time, either generally or particularly, delegate to any other person (being a chief executive or an employee) any of the functions or powers of the chief executive under this Act or any other Act, including functions or powers delegated to the chief executive under this Act or any other Act:

  provided that the chief executive shall not delegate any functions or powers delegated to the chief executive by a Minister without the written consent of that Minister, or any functions or powers delegated to the chief executive by the Commissioner without the written consent of the Commissioner.

  (2) In any case where the chief executive has, pursuant to subsection (1), delegated any functions or powers to any person, that person may, with the prior approval in writing of the chief executive, delegate such of those functions or powers as the chief executive approves to any other person (being an employee) or to the holder for the time being of any specified office in that department.

  (3) Subject to any general or special directions given or conditions imposed by the chief executive, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

  (4) The power of the chief executive 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 chief executive's functions or powers; but

  • (b) shall not limit any power of delegation conferred on the chief executive by any other Act.

  (5) 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 the delegation.

  (6) Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices.

  (7) No such delegation shall affect or prevent the exercise of any function or power by the chief executive, nor shall any such delegation affect the responsibility of the chief executive for the actions of any person acting under the delegation.

  Section 41(1): amended, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

  Section 41(1): amended, on 19 December 1989, by section 8 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

  Section 41(1) proviso: amended, on 19 December 1989, pursuant to section 33(1) of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

  Section 41(2): amended, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).