New Zealand Legislation: Acts

11 Chief executive may delegate certain functions and powers

• (1) The chief executive, either generally or particularly, may delegate to any employee of the Designated Authority any of the chief executive's functions and powers under this Act or regulations made under this Act.

  (2) The chief executive may delegate any of his or her functions and powers under this Act or regulations made under this Act to a recognised security organisation with the exception of the following functions and powers:

  • (a) specifying the applicable security level for any port facility or ship; and

  • (b) approving—

    • (i) any port facility security assessment; or

    • (ii) any amendment to an approved port facility security assessment; or

    • (iii) any port facility security plan; or

    • (iv) any amendment to an approved port facility security plan; and

  • (c) exercising the control measures specified in section 31(1) or taking a step under section 34(1)(b); and

  • (d) specifying the requirements for a declaration of security.

  (3) A delegation—

  • (a) must be in writing; and

  • (b) must be given for a specified period but in any event is revocable at will; and

  • (c) does not affect or prevent the performance of any function or the exercise of any power by the chief executive; and

  • (d) may not be delegated; and

  • (e) does not affect the responsibility of the chief executive for the actions of any person acting under the delegation.

  (4) A delegation under subsection (2) may not be made without the prior written consent of the Minister.

  Compare: Code, Part A s 4.3; 1994 No 104 ss 443(1), 444(3), (4), (8), (9)