New Zealand Acts

LEGISLATION ACT 2019 - SECT 133

133 Delegation of functions, duties, and powers

1 The Chief Parliamentary Counsel—

a) may, either generally or particularly, delegate in writing to any employee of the PCO any of the functions, duties, and powers of the Chief Parliamentary Counsel, including functions, duties, and powers delegated to the Chief Parliamentary Counsel under any legislation:

b) must ensure that an appropriate delegation is at all times in place under this section to enable a person to act in place of the Chief Parliamentary Counsel during any absence or incapacity of the Chief Parliamentary Counsel or during any vacancy in the office of Chief Parliamentary Counsel.

2 The person to whom any functions, duties, or powers are delegated may perform those functions, or exercise those duties or powers, in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

3 Subsection (2) is subject to any general or special directions given or conditions imposed by the Chief Parliamentary Counsel.

4 A person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

5 A delegation may be made to—

a) a specified person or persons of a specified class; or

b) the holder or holders for the time being of a specified position, or of a specified class of positions.

6 No delegation affects or prevents the exercise of any function, responsibility, duty, or power by the Chief Parliamentary Counsel, or affects the responsibility of the Chief Parliamentary Counsel for the actions of any person acting under the delegation.

Note: 2012 No 119 s 63