Plain language law

New Zealand law explained for everyone

Defence Act 1990

Miscellaneous provisions

97: Delegations not to lapse

You could also call this:

"Special job powers stay with the person you give them to, even if you leave your job."

Illustration for Defence Act 1990

You have a job with special powers. If you give some of those powers to someone else, they keep those powers even if you leave your job. This happens when the powers come from the Defence Act 1990 or the Armed Forces Discipline Act 1971. The powers stay with the person you gave them to until someone new in your job takes them away. You can also get powers from someone else. If you do, you keep those powers even if the person who gave them to you leaves their job. The powers stay with you as if the person who gave them to you had given them directly to you when you started your new job. This means you can still use the powers until someone new in the other person's job takes them away.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206932.

This page was last updated on — View changes

Topics:
Work and jobs > Job licenses
Previous

96A: Nelson Rifle Prize Fund abolished, or

"The Nelson Rifle Prize Fund is stopped and its money is given to cadet forces."

Next

98: Execution of instruments, etc, or

"Making official decisions or orders in the Defence Force"

Part 8Miscellaneous provisions

97Delegations not to lapse

  1. Where the holder of an office or appointment, having delegated (either before or after the commencement of this Act) a function, duty, or power pursuant to this Act or the Armed Forces Discipline Act 1971 or any enactment repealed by this Act or that Act and not having revoked that delegation, ceases to hold that office or appointment, the delegation—

  2. shall be deemed not to have lapsed by reason of the fact that the holder of the office or appointment has ceased to hold that office or appointment; and
    1. shall continue to have full force and effect until revoked by a successor in the office or appointment.

      1. Where a function, duty, or power has been delegated (either before or after the commencement of this Act) to the holder of an office or appointment pursuant to this Act or the Armed Forces Discipline Act 1971 or any enactment repealed by this Act or that Act and the delegation has not been revoked, the delegation shall be deemed not to have lapsed by reason only of the fact that the holder of the office or appointment has ceased to hold that office or appointment, and shall continue in force as if it had been made to his or her successor in that office or appointment.