Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Payment for parental leave - Administration

71ZA: Chief executive may delegate

You could also call this:

“The boss can let someone else do their job”

The chief executive can give someone else the job of managing all or part of this section of the law. This is called delegation. When the chief executive does this, they must write it down.

If the chief executive gives this job to another chief executive or employee (as defined in the Public Service Act 2020), special rules apply. These rules are in Clauses 2 and 3 of Schedule 6 of the Public Service Act 2020.

If the chief executive gives this job to someone who is not a chief executive or employee, there are different rules:

The person cannot pass on this job to someone else. They must follow any instructions the chief executive gives them. They can do the job as if they were the chief executive. Unless proven otherwise, people will assume they are doing the job properly.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121762.

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Part 7A Payment for parental leave
Administration

71ZAChief executive may delegate

  1. The chief executive may delegate the administration of all or any part of this Part to 1 or more persons.

  2. The delegation must be in writing.

  3. Clauses 2 and 3 of Schedule 6 of the Public Service Act 2020 applies if the delegation is to a chief executive or to an employee (as those terms are defined in that Act).

  4. If the delegation is to another person,—

  5. the delegation may not include the power to delegate under this section; and
    1. subject to any general or special directions given or conditions imposed by the chief executive, the person to whom the delegation is made may administer this Part in the same manner and with the same effect as if this Act (and not the delegation) so provided; and
      1. every person purporting to act under the delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

        Notes
        • Section 71ZA: inserted, on , by section 4(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
        • Section 71ZA(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
        • Section 71ZA(3): amended, on , by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).