Financial Service Providers (Registration and Dispute Resolution) Act 2008

Registration - Register of financial service providers - Registrar of Financial Service Providers

36: Power of Registrar to delegate

You could also call this:

“Registrar can give some tasks to other people”

The Registrar can give some of their jobs and powers to other people. This is called delegation. When the Registrar does this, they must write it down. They can add rules about how the person should do the job. The Registrar can take back the job at any time by writing it down. Even if the Registrar gives a job to someone else, they can still do it themselves if they want to.

When someone is given a job by the Registrar, they can do it just like the Registrar would. It’s as if the law gave them the job directly. If you see someone doing a job that looks like it belongs to the Registrar, you can assume they’re allowed to do it unless you have proof that they’re not.

The Registrar can give away any of their jobs except one - they can’t give away their power to delegate. This means only the Registrar can decide who gets to do their jobs.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1109542.


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Part 2 Registration
Register of financial service providers: Registrar of Financial Service Providers

36Power of Registrar to delegate

  1. The Registrar may delegate to any person, either generally or particularly, any of the Registrar’s functions, duties, and powers except the power of delegation.

  2. A delegation—

  3. must be in writing; and
    1. may be made subject to any restrictions and conditions the Registrar thinks fit; and
      1. is revocable at any time, in writing; and
        1. does not prevent the performance or exercise of a function, duty, or power by the Registrar.
          1. A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

          2. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

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