Human Rights Amendment Act 2001

37 New sections 139 and 140 substituted
  • The principal Act is amended by repealing sections 139 and 140, and substituting the following sections:

    139 Delegation of functions or powers by Commission
    • (1) After consulting with the Minister, the Commission may, by writing signed by the Chief Commissioner, delegate to a Commissioner any function or power of the Commission under this Act, except those stated in sections 7 and 76 and this power of delegation.

      (2) Delegations under this section are revocable at will and, until revoked, continue in force according to their tenor.

      (3) The delegation of a function or power under this section does not prevent the Commission from performing or exercising the function or power.

      (4) If a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the Commission under section 7.

      Compare: 1977 No 49 s 79

    140 Delegation of powers by certain Commissioners
    • (1) The Chief Human Rights Commissioner or the Race Relations Commissioner may, in writing signed by him or her, delegate to an officer or employee of the Commission any of the Commissioner's functions or powers under this Act, except this power of delegation and the power to make a report under this Act.

      (2) A delegation under this section—

      • (a) may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class; and

      • (b) may be made subject to any restrictions or conditions the Commissioner thinks fit; and

      • (c) may be made either generally or in relation to any particular case or class of cases; and

      • (d) is revocable at will and, until revoked, continues in force according to its tenor.

      (3) If a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the Commission under section 7.

      (4) If a function or power is delegated under this section and the Commissioner by whom it was made ceases to hold office, the delegation continues to have effect as if it were made by his or her successor.

      (5) A person purporting to exercise a function or power of a Commissioner by virtue of a delegation under this section must, when required to do so, produce evidence of the person's authority to exercise the power.

      Compare: 1977 No 49 s 80