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Civil Defence Emergency Management Act 2002

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

11B: Further provisions relating to delegation to National Recovery Manager

You could also call this:

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

When the Director gives someone extra jobs to do under section 11A, 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 to the person.

If the Director who gave 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 11A, 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 Director can still do any job or use any power, even if they have given it to someone else under section 11A.

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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=DLM7053503.

Topics:
Government and voting > Emergency management
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11A: Delegation of certain functions and powers of Director to National Recovery Manager, or

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

11BFurther provisions relating to delegation to National Recovery Manager

  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 11A may perform those functions and exercise those 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 11A 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 11A is revocable in writing at will, and no such delegation prevents the performance of any function or the exercise of any power by the Director.

  4. A delegation under section 11A, until revoked, continues in force according to its tenor even if the Director who made the delegation has ceased to hold office.

  5. A person is not 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 11A.

Notes
  • Section 11B: inserted, at 9.59 pm on , by section 8 of the Civil Defence Emergency Management Amendment Act 2016 (2016 No 88).
  • Section 11B(5): editorial change made by the PCO, on , under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).
  • Section 11B(5): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).