175C Power of Commissioner to delegate

(1)

The Commissioner may delegate to any person, either generally or particularly, any of the Commissioner’s functions, duties, and powers (except this power of delegation).

(2)

A delegation—

(a)

must be in writing; and

(b)

may be subject to any restrictions and conditions that the Commissioner thinks fit; and

(c)

is revocable at any time, in writing; and

(d)

does not prevent the performance or exercise of a function, duty, or power by the Commissioner.

(3)

A person to whom any of the functions, duties, and powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

(4)

A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

(5)

Any reference in this Act or the regulations to the Commissioner includes a reference to the delegate in respect of anything delegated to that person.

Section 175C: inserted, on 16 September 2011, by section 24 of the Trade Marks Amendment Act 2011 (2011 No 71).