New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The Authority may, in writing, delegate to any person, any of the Authority's functions, powers, or duties under this Act, on such conditions as the Authority thinks fit, except—
(a) The fixing of charges under section 21 of this Act; and
(b) Except as provided in subsection (2) of this section, any decision making power; and
(c) This power of delegation.
(2) The Authority may delegate, on such terms and conditions as the Authority thinks fit,—
(a) The power to conduct a rapid assessment under any of sections 35, 42, 42A, or 42B to any person, whether or not that person is a member of the Authority:
(b) The power to hear and decide any other application made under Part 5 or Part 6A of this Act to any committee appointed for that purpose in accordance with Schedule 1 to this Act.
(ba) the power to assess and approve an application under section 38I(1) for the release of a qualifying organism to the responsible chief executive:
(bb) the power to determine whether a medicine or veterinary medicine is a qualifying medicine or qualifying veterinary medicine to the responsible chief executive:
(bc) the power to review and amend controls under section 38L in relation to qualifying medicines and qualifying veterinary medicines to the responsible chief executive:
(bd) the power to impose controls under section 45(2) in relation to a genetically modified human cell to which section 55 of the Hazardous Substances and New Organisms Amendment Act 2003 applies:
(c) the power to decide any application for permission or other matter under Parts 11 to 16 to—
(i) any employee of the Ministry of Agriculture and Forestry, or of any person specified in section 97, with relevant experience in the subject matter of the application; or
(ii) if there is no employee with that relevant experience, any other person with that relevant experience, whether or not that person is a member of the Authority:
(ca) the power to grant an extension of an exemption under section 25C(2) to—
(i) any employee of a person specified in section 97 with relevant experience; or
(ii) if there is no employee with relevant experience, any other person with relevant experience, whether or not that person is a member of the Authority:
(d) the power to conduct a rapid assessment under section 28A to its chief executive:
(e) the power to hear and decide any application made under section 31 to its chief executive:
(f) the power to hear and decide an application made under section 83 for approval as a test certifier to any person, whether or not that person is a member of the Authority:
(g) the power to appoint an enforcement officer under section 99(3)(a) to its chief executive:
(h) the power to decide any application for any permission or licence under Part 6, or the revocation of any permission or licence under that Part, to—
(i) any employee of the Ministry of Agriculture and Forestry, any Medical Officer of Health (as defined in section 2(1) of the Health Act 1956), or any employee of any person specified in section 97, or any enforcement officer, with relevant experience in the subject matter of the application or the permission or licence; or
(ii) if there is no employee or enforcement officer with the relevant experience, any other person with the relevant experience, whether or not that person is a member of the Authority:
(ha) the power to revoke a test certificate for an approved filler or an approved handler under section 82C to its chief executive:
(3) Every decision made in accordance with a delegation under subsection (2) of this section shall be treated in all respects as though it were a decision of the Authority.
(4) Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
(5) A delegation under this section shall be revocable at will, and no such delegation shall prevent the performance or exercise of any function, power, or duty by the Authority.
(5A) A delegate to whom any function or power is delegated under this section may delegate the function or power only—
(a) with the prior written consent of the Authority; and
(b) subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.
(6) Every delegation under subsection (2) must be available for public inspection at the office of the Authority during ordinary office hours.
(7) Sections 73 to 76 of the Crown Entities Act 2004 do not apply to the Authority.
Subsection (2)(a) was amended, as from 30 October 2003, by section 9(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “any of sections 35, 42, 42A, or 42B”
for the words “section 35 or section 42 of this Act”
.
Section (2)(b) was amended, as from 22 December 2005, by section 6(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123) by inserting the words “or Part 6A”
after the expression “Part 5”
.
Subsection (2)(ba) to (bd) was inserted, as from 30 October 2003, by section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Subsection (2)(c), (d), (e), (f) and (g) were inserted, as from 31 December 2000, by section 6(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
Subsection (2)(ca) was inserted, as from 23 December 2004, by section 6 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37). See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Subsection (2)(h) and (2)(i) were inserted, as from 24 March 2004, by section 4 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
Section (2)(ha) was inserted, as from 22 December 2005, by section 6(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Subsection (5A) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).
Subsection (6) was inserted, as from 31 December 2000, by section 6(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
Subsection (7) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).