Civil Defence Emergency Management Act 2002

Miscellaneous provisions

105: Delegation of powers of Director

You could also call this:

"The Director can pass on some of their tasks to other government workers."

The Director can give some of their jobs to other people who work in the government. They can do this for some or all of their jobs, but they cannot give away their power to delegate jobs to others. You can think of delegation like a teacher asking another teacher to take their class.

When the Director gives jobs to someone else, that person can do those jobs as if the Director gave them the job directly. The Director can give the person instructions on how to do the job, and the person must follow those instructions. If someone is doing a job that was given to them by the Director, you can assume they are doing it correctly unless you can prove otherwise.

The Director can give jobs to a specific person, to a group of people who have a certain job, or to the person who has a certain title. The Director can take back the jobs they gave to someone at any time, and giving jobs to someone else does not mean the Director cannot do those jobs too. If the Director leaves their job, the jobs they gave to someone else will still be theirs to do until the new Director takes them back.

This rule does not affect what is said in section 10 or section 11. The Director's power to give jobs to others is an important part of how they work. You can find more information about how this rule has been used in the past by looking at other laws, such as the one mentioned here.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM151421.

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104: Penalty for offences, or

"Breaking Civil Defence rules can mean prison or a fine"

106: Acting Director, or

"Someone takes over the Director's job if they are away or their job is empty"

Part 7Miscellaneous provisions

105Delegation of powers of Director

The Director may, in writing, either generally or particularly, delegate to any person employed in the State services all or any of the functions, duties, and powers exercisable by the Director under this Act, except this power of delegation.
Subject to any general or special directions given or conditions attached by the Director, a person to whom any functions, duties, or powers are delegated under this section may exercise those functions, duties, and powers in the same manner and with the same effect as if they had been conferred on him or her directly by this section and not by delegation.
A person purporting to act under any delegation under this section is presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.
A delegation under this section may be made to a specified employee or to employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.
A delegation under this section is revocable in writing at will, and no delegation prevents the exercise of any function, duty, or power by the Director.
A delegation under this section, until revoked, continues in force according to its tenor even if the Director by whom it was made has ceased to hold office.
Nothing in this section limits section 10 or section 11.

Compare

1983 No 46 s 9