199AA Delegation of powers and functions of chief executive to contractor

(1)

Without limiting clauses 2 to 4 of Schedule 6 of the Public Service Act 2020, but subject to section 10 of this Act, the chief executive may delegate to a contractor or an employee of a contractor, either generally or particularly, any of the functions or powers of the chief executive under this Act.

(2)

Subject to any general or special directions given or conditions imposed by the chief executive, a contractor or an employee of a contractor to whom any functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

(3)

A contractor or an employee of a contractor who has been delegated any functions or powers under subsection (1) may with the prior written approval of the chief executive delegate those functions or powers to an employee of the contractor.

(4)

A contractor or an employee of a contractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.

(5)

A delegation made under this section is revocable at any time in writing and until it is revoked continues in force according to its tenor, despite the fact that the chief executive by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive.

(6)

A delegation under this section does not affect the exercise of any function or power by the chief executive or the responsibility of the chief executive for the actions of any person acting under the delegation.

Section 199AA: inserted, on 5 March 2013, by section 42 of the Corrections Amendment Act 2013 (2013 No 5).

Section 199AA(1): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).