“8A Delegation to Deputy Chief Judge

• “(1) The Chief Judge may delegate to the Deputy Chief Judge, either generally or particularly, any power, function, or duty conferred on the Chief Judge by or under this Act.

  “(2) Subject to general or particular directions given by the Chief Judge, the Deputy Chief Judge has and may exercise and perform all the powers, functions, or duties delegated by the Chief Judge in the same manner and with the same effect as if they had been conferred on the Deputy Chief Judge directly by this Act and not by delegation.

  “(3) A delegation—

  • “(a) must be in writing; and

  • “(b) is revocable in writing at any time; and

  • “(c) may be made subject to any restrictions or conditions that the Chief Judge thinks fit; and

  • “(d) does not prevent the exercise or performance of a power, function, or duty by the Chief Judge; but

  • “(e) must not include a power of delegation.

  “(4) In the absence of proof to the contrary, the Deputy Chief Judge, when purporting to act under a delegation, is presumed to be acting in accordance with the terms of the delegation.

  “(5) Powers exercised, functions performed, or decisions made by the Deputy Chief Judge acting as the Chief Judge may not be questioned in any proceeding on the ground that the occasion for the Deputy Chief Judge so acting had not arisen or had ceased.”

• “(1) If a matter is referred to the Court for hearing and determination under section 26F(3)(b), the Court must proceed to hear and determine the application.

• “(1A) However, despite subsection (1), the Court may (but is not obliged to) do 1 or more of the following:

  • “(a) if subsection (2) applies, determine the issue without a full or any hearing and make an order accordingly:

  • “(b) exercise the powers in section 67 for the purpose stated there:

  • “(c) if subsection (3) applies, dismiss or defer consideration of the application:

  • “(d) request a report from Te Ohu Kai Moana Trustee Limited on any matter the Court considers appropriate.”

• “(1) If a matter is referred to the Court for hearing and determination under section 26T(3)(b), the Court must proceed to hear and determine the application.

• “(1A) However, despite subsection (1), the Court may (but is not obliged to) do 1 or more of the following:

  • “(a) if subsection (2) applies, determine the issue without a full or any hearing and make an order accordingly:

  • “(b) exercise the powers in section 67 for the purpose stated there:

  • “(c) if subsection (3) applies, dismiss or defer consideration of the application:

  • “(d) request a report from Te Ohu Kai Moana Trustee Limited on any matter the Court considers appropriate.”

“Exercise of powers by Deputy Chief Judge

“48A Deputy Chief Judge may exercise special powers of Chief Judge

• The Deputy Chief Judge has and may exercise, subject to the direction of the Chief Judge, the powers, functions, and duties of the Chief Judge under sections 44 to 48.”

“Right of appeal against exercise of special powers”