Conservation Act 1987

Administration

57: Delegation of powers by Minister

You could also call this:

"The Minister can share some of their decision-making powers with others, like the Director-General, and set rules for how they use them."

The Minister can give some of their powers to the Director-General, the Conservation Authority, or a Conservation Board. You need to know the Minister can do this in writing and can set conditions for how these powers are used. The Minister cannot give away the power to delegate.

The Director-General, the Authority, or the Board can use the powers they get from the Minister. They must follow any conditions set by the Minister and any directions the Minister gives. This means they can make decisions as if the power was given to them directly.

If the Minister delegates a power, they can take it back whenever they want. If the Minister or the Director-General changes, the delegation still works. In some cases, the power can be used by someone acting in place of the Director-General, as set out in the Public Service Act 2020.

If someone uses a power that was delegated to them, you assume they are using it correctly. The Minister can still use their powers, even if they have delegated some to someone else. This means the Minister does not lose their ability to make decisions just because they have given some powers to someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM106934.


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58: Delegation of powers by Director-General, or

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Part 7Administration

57Delegation of powers by Minister

  1. Subject to subsection (1A), the Minister may from time to time, by writing under the Minister's hand, either generally or particularly, and either unconditionally or subject to any conditions the Minister thinks fit, delegate to the Director-General, the Conservation Authority, and any Conservation Board, or any of them, all or any of the Minister's powers and functions under this Act or any other enactment, other than the power of delegation conferred on the Minister by this subsection.

  2. The Minister shall not delegate to the Conservation Authority or to any Conservation Board any of the Minister's powers and functions under Part 5A.

  3. Subject to—

  4. the conditions (if any) subject to which any power was delegated under subsection (1); and
    1. any general or special directions given by the Minister,—
      1. the Director-General, the Authority, or the Board, as the case may be, may exercise the power in the same manner and with the same effect as if it had been conferred on the Director-General, the Authority, or the Board, as the case may be, directly by this section and not by delegation.

      2. Every delegation under subsection (1) shall be revocable at will, and until revoked shall continue in force according to its tenor; and

      3. if the Minister by whom it was made ceases to hold office it shall continue to have effect as if made by the Minister for the time being:
        1. subject to paragraph (c), if the Director-General to whom it was made ceases to hold office, it shall continue to have effect as if made to the Director-General for the time being:
          1. if there is no Director-General for the time being, or if the Director-General is absent from duty, it shall continue to have effect as if made to the person for the time being directed under the Public Service Act 2020 to act in place of the Director-General or to a Deputy Director-General (as the case requires).
            1. In the absence of proof to the contrary, where the Director-General, a Deputy Director-General, or any person directed under the Public Service Act 2020 to act in place of the Director-General purports to act pursuant to a delegation under subsection (1), the action concerned shall be presumed to be in accordance with the delegation.

            2. No delegation under subsection (1) shall affect or prevent the exercise of any power by the Minister.

            Notes
            • Section 57(1): substituted (with effect on 1 April 1987), on , by section 30(1) of the Conservation Law Reform Act 1990 (1990 No 31).
            • Section 57(1A): inserted (with effect on 1 April 1987), on , by section 30(1) of the Conservation Law Reform Act 1990 (1990 No 31).
            • Section 57(2): amended (with effect on 1 April 1987), on , by section 30(2) of the Conservation Law Reform Act 1990 (1990 No 31).
            • Section 57(3)(c): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
            • Section 57(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).