New Zealand Acts

COURT MARTIAL ACT 2007 - SECT 78

78 Chief Judge may delegate functions, duties, or powers to Deputy Chief Judge or Registrar

1 The Chief Judge may, either generally or particularly, delegate—

a) to a Deputy Chief Judge any of the Chief Judge's functions, duties, and powers (except the power of delegation); or

b) to the Registrar the Chief Judge's duty under section 21(3) to assign a Judge for any proceedings of the court.

2 A delegation—

a) must be in writing; and

b) may be made subject to any restrictions that the Chief Judge 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 Chief Judge.

3 A Deputy Chief Judge or the Registrar may perform any functions, duties, or powers delegated under subsection (1) in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.

4 If a Deputy Chief Judge or the Registrar appears to act under subsection (1), that person is presumed to be acting in accordance with the terms of delegation in the absence of evidence to the contrary.