Electoral (Administration) Amendment Act 2010

9 New sections 20C to 20CC substituted
  • Section 20C is repealed and the following sections are substituted:

    20C Returning Officers may delegate functions, duties, or powers
    • A Returning Officer may delegate any of his or her functions, duties, or powers, except this power of delegation, to another electoral official.

    20CA Powers of delegate
    • (1) An electoral official to whom any functions, duties, or powers of a Returning Officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the Returning Officer.

      (2) An electoral official who purports to perform a function or duty or exercise a power under a delegation from a Returning Officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation.

      Compare: 2004 No 115 s 74

    20CB Effect of delegation on Returning Officer
    • No delegation under section 20C—

      • (a) affects or prevents the performance of any function or duty or the exercise of any power by the Returning Officer; or

      • (b) affects the responsibility of the Returning Officer for the actions of any electoral official acting under the delegation; or

      • (c) is affected by any change in the person appointed as Returning Officer.

      Compare: 2004 No 115 s 75

    20CC Revocation of delegations
    • A delegation under section 20C may be revoked at will by—

      • (a) the Returning Officer by written notice to the electoral official; or

      • (b) any other method provided for in the delegation.

      Compare: 2004 No 115 s 76.