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Civil Defence Emergency Management Act 2002

Appointment, functions, and powers of persons involved in civil defence emergency management - National Controller

11: Further provisions relating to delegation to National Controller

You could also call this:

"Rules for when the Director gives someone else extra jobs to do in an emergency"

When the Director gives someone extra jobs to do under section 10, that person can do those jobs as if they were given to them directly. You are presumed to be doing the right thing when acting under this delegation, unless someone can prove otherwise. The Director can take back this delegation at any time by writing a notice, and this does not stop the Director from doing the jobs themselves.

If the Director who made the delegation is no longer in their job, the delegation still applies until it is taken back. When someone is given extra jobs to do under section 10, it does not mean they are employed by the government for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956.

The delegation continues to apply according to its terms until it is taken back, even if the Director who made it is no longer in their job. You can still do the jobs you were given under section 10 until the Director takes back the delegation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150594.

Topics:
Government and voting > Emergency management
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10: Delegation of certain functions and powers of Director to National Controller, or

"The Director can pass on some of their jobs and powers to the National Controller in writing."

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11A: Delegation of certain functions and powers of Director to National Recovery Manager, or

"The boss can pass some jobs to the National Recovery Manager to help during emergencies."

Part 2Appointment, functions, and powers of persons involved in civil defence emergency management
National Controller

11Further provisions relating to delegation to National Controller

  1. Subject to any general or special directions given or conditions attached by the Director, a person to whom functions and powers are delegated under section 10 may exercise those functions and powers in the same manner and with the same effect as if they had been conferred on him or her directly by that section and not by delegation.

  2. A person purporting to act under any delegation under section 10 is presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

  3. A delegation under section 10 is revocable in writing at will, and no such delegation prevents the exercise of any function or power by the Director.

  4. A delegation under section 10, until revoked, continues in force according to its tenor even if the Director by whom it was made has ceased to hold office.

  5. No person is employed in the service of the Sovereign for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956 merely because functions and powers are delegated to that person under section 10.

Notes
  • Section 11(5): editorial change made by the PCO, on , under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).
  • Section 11(5): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).