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Trade Marks Act 2002

Administrative provisions and miscellaneous - Commissioner and Assistant Commissioners of Trade Marks

175C: Power of Commissioner to delegate

You could also call this:

"The Commissioner can give their tasks to others, but stays in charge"

The Commissioner can give their jobs, duties, and powers to someone else. This is called delegation. When the Commissioner delegates, they must write it down. They can add rules or conditions to the delegation if they want to. The Commissioner can take back the delegation at any time by writing it down. Even if the Commissioner delegates something, they can still do that job themselves.

When someone is given a job through delegation, they can do it just as if they were the Commissioner. If you see someone doing a job that looks like it's been delegated to them, you can assume they're allowed to do it unless you have proof they're not.

When the law talks about the Commissioner, it also means anyone the Commissioner has given their job to. But the Commissioner can't give away their power to delegate - only they can do that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4025684.

Topics:
Business > Intellectual property
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"Assistant Commissioners can do almost everything the Commissioner can do"

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Part 5Administrative provisions and miscellaneous
Commissioner and Assistant Commissioners of Trade Marks

175CPower of Commissioner to delegate

  1. The Commissioner may delegate to any person, either generally or particularly, any of the Commissioner's functions, duties, and powers (except this power of delegation).

  2. A delegation—

  3. must be in writing; and
    1. may be subject to any restrictions and conditions that the Commissioner thinks fit; and
      1. is revocable at any time, in writing; and
        1. does not prevent the performance or exercise of a function, duty, or power by the Commissioner.

          1. A person to whom any of the functions, duties, and powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

          2. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

          3. Any reference in this Act or the regulations to the Commissioner includes a reference to the delegate in respect of anything delegated to that person.

          Notes
          • Section 175C: inserted, on , by section 24 of the Trade Marks Amendment Act 2011 (2011 No 71).