Mental Health (Compulsory Assessment and Treatment) Act 1992

Part 9
Administration

Officials

91 Director and Deputy Director of Mental Health
  • (1) There shall from time to time be appointed under the State Sector Act 1988 the following officers in the Ministry of Health:

    • (a) a Director of Mental Health, who shall be responsible for the general administration of this Act under the direction of the Minister and the Director-General of Health:

    • (b) a Deputy Director of Mental Health, who shall, under the control of the Director, perform such general official duties as the Director may from time to time require.

    (2) On the occurrence from any cause of a vacancy in the office of Director, whether by reason of death, resignation, or otherwise, and in case of the absence from duty of the Director from whatever cause arising, and so long as the vacancy or absence continues, the Deputy Director shall have and may exercise and perform all the powers, duties, and functions of the Director.

    (3) The fact that the Deputy Director exercises or performs any of the Director's powers, duties, and functions shall be conclusive evidence of the Deputy Director's authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorising the Deputy Director to do so.

    (4) The Director may from time to time delegate to any person employed in the Ministry of Health all or any of the powers, duties, and functions conferred or imposed on the Director by this Act, to be exercised by that person whenever, or on any specified occasion when, there is not present in Wellington a person holding or acting in the office of Director or of Deputy Director.

    (5) Every delegation under subsection (4) shall have effect according to its tenor.

    (6) The Director may at any time amend or revoke any such delegation, and no such delegation shall prevent the exercise or performance of any power, duty, or function by the Director.

    (7) Without limiting any of the preceding provisions of this section, the Director-General of Health may exercise and perform all or any of the powers, duties, and functions conferred or imposed on the Director by this Act.

    Compare: 1969 No 16 s 3; 1987 No 10 s 6

    Section 91(1): amended, on 1 July 1993, pursuant to section 38(3)(a) of the Health Amendment Act 1993 (1993 No 24).

    Section 91(4): amended, on 1 July 1993, pursuant to section 38(3)(a) of the Health Amendment Act 1993 (1993 No 24).