Trade Marks Act 2002

Legal proceedings - Border protection measures - Delegation of chief executive's powers, duties, and functions

156: Delegation of chief executive's powers, duties, and functions

You could also call this:

"Chief executive can share some job duties with other Customs officers"

The chief executive of Customs can give some of their powers, duties, and jobs to a Customs officer. To do this, they need to get permission in writing from the Minister of Customs. The chief executive must write down which powers they are giving away.

The chief executive can't give away their power to give away powers. This means the Customs officer can't pass on these powers to someone else.

When the Customs officer uses these new powers, they have to follow any rules or conditions set by the Minister of Customs or the chief executive. They can use the powers as if they were given these powers directly, not just passed down to them.

If you see a Customs officer using these powers, you can assume they are allowed to do so unless someone proves otherwise.

The chief executive can give these powers to a specific person or to anyone who holds a certain job. They can take back these powers whenever they want, and they can still use the powers themselves even after giving them away. Even if the chief executive leaves their job, the powers they gave away will still work until someone cancels them. The new chief executive can keep using the powers given away by the old one.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM165084.


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Part 4Legal proceedings
Border protection measures: Delegation of chief executive's powers, duties, and functions

156Delegation of chief executive's powers, duties, and functions

  1. With the written consent of the Minister of Customs, the chief executive may, from time to time, either generally or particularly, by writing under his or her hand, delegate to a Customs officer all or any of the powers, duties, and functions conferred or imposed on the chief executive by or under this Act.

  2. No delegation under subsection (1) includes the power to delegate under that subsection.

  3. Subject to any general or special directions given, or conditions imposed, from time to time by the Minister of Customs or the chief executive, as the case may be, the officer to whom any powers are delegated may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.

  4. Every Customs officer who appears to act under a delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

  5. A delegation under this section—

  6. may be made to a specified person or to the holder or holders for the time being of any specified office or class of offices; and
    1. is revocable at will, and the delegation does not prevent the exercise of any power by the chief executive; and
      1. continues in force according to its tenor, until revoked, even if the chief executive by whom it was made has ceased to hold office, and continues to have effect as if made by the successor in office of the chief executive.