Plain language law

New Zealand law explained for everyone

Local Government Official Information and Meetings Act 1987

Miscellaneous provisions relating to access to official information

43: Delegation of powers by officers

You could also call this:

"When council staff pass on their tasks to others"

Illustration for Local Government Official Information and Meetings Act 1987

If you work for a local authority, you can give some of your jobs to another officer or employee. You do this by writing it down and signing it. You can give them some or all of the jobs you are allowed to do under Parts 2 to 5 or section 46A of this law. You cannot give them the job of giving jobs to others, or jobs that you were given by the local authority, unless they say you can. The person you give the jobs to can do them in the same way as you, and it has the same effect, as long as they follow any directions you give them.

If you give someone a job, it keeps being theirs until you take it back. Even if you leave your job, the person you gave the job to can still do it, as if the new person in your job had given it to them. You can give a job to a specific person, or to the person who has a certain job. If someone is doing a job you gave them, people will assume they are doing it correctly, unless someone can prove they are not. You can take back a job you gave to someone at any time, and giving the job to someone else does not mean you cannot do it yourself.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM123060.

Topics:
Government and voting > Local councilsRights and equality > Privacy
Previous

42: Delegation of powers by local authority, or

"A local authority can pass on some of its jobs to an employee, who can then do those jobs as if they were in charge."

Next

44: Savings, or

"This law doesn't change other rules about sharing official information."

Part 6Miscellaneous provisions relating to access to official information

43Delegation of powers by officers

  1. Any officer or employee of a local authority may from time to time, by writing under that officer's or employee's hand, either generally or particularly, delegate to any other officer or employee of the local authority all or any of the powers exercisable by the first-mentioned officer or employee under Parts 2 to 5 or section 46A, except—

  2. the power to delegate under this section; and
    1. any power delegated to that officer or employee by a local authority pursuant to section 42, unless that delegation authorises that officer or employee to delegate that power to other officers or employees pursuant to this section.

      1. Subject to any general or special directions given or conditions attached by the officer or employee making the delegation, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on that officer or employee directly by this section and not by delegation.

      2. Until a delegation made under this section is revoked, it shall continue in force according to its tenor; and, in the event of the officer or employee by whom any such delegation has been made ceasing to hold office, the delegation shall continue to have effect as if made by the person for the time being holding the office of the officer or employee making the delegation.

      3. Any delegation under this section may be made to a specified officer or employee, or may be made to the holder for the time being of any specified office.

      4. Where any officer or employee purports to act pursuant to a delegation made under this section, that officer or employee shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

      5. Every delegation made under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the officer or employee making the delegation.

      Compare
      Notes
      • Section 43(1): amended, on , by section 5(2) of the Local Government Official Information and Meetings Amendment Act 1991 (1991 No 54).