Civil Aviation Act 1990

Functions, powers, and duties of participants in the civil aviation system

22: Delegation of Minister's functions or powers to Authority

You could also call this:

"Minister can let the Authority do some of their jobs"

The Minister can give some or all of their jobs and powers under this law to the Authority. When the Minister does this, they must write it down. The Minister can't give the Authority the power to give these jobs to someone else.

There are some rules about how the Minister can give these jobs to the Authority. Some other laws might say the Minister can't give certain jobs away. But the Minister might also have other ways to give jobs to people under different laws.

When the Authority does these jobs, they can do them just like the Minister would. Unless someone can prove otherwise, people should assume the Authority is doing the job properly.

Even if the Minister gives a job to the Authority, the Minister can still do that job too. The Minister is still responsible for what happens when the Authority does the job.

If the Authority wants to give these jobs to someone else, they need to ask the Minister first and get permission in writing.

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This page was last updated on 15 April 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM216126.

Topics:

Transport and travel > Air travel

21: Power of Director to detain aircraft, seize aeronautical products, and impose prohibitions and conditions, or

"The Director can stop unsafe planes from flying and set rules to keep people safe"

23: Delegation of Authority's functions or powers to employees of Authority, or

"The Authority can no longer give its jobs to its workers"

Part 2Functions, powers, and duties of participants in the civil aviation system

22Delegation of Minister's functions or powers to Authority

The Minister may from time to time, either generally or particularly, delegate to the Authority all or any of the Minister's functions and powers under this Act.
Every delegation under this section shall be in writing.
No delegation under this section shall include the power to delegate under this section.
The power of the Minister to delegate under this section—
is subject to section 28(9) and to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister's functions or powers; but
does not limit any power of delegation conferred on the Minister by any other Act.

Subject to any general or special directions given or conditions imposed by the Minister, the Authority may exercise any functions or powers so delegated to the Authority in the same manner and with the same effect as if they had been conferred on the Authority directly by this section and not by delegation.
Where the Authority purports to act pursuant to any delegation under this section, the Authority, shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
No such delegation shall affect or prevent the exercise of any function or power by the Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation.
The Authority must not delegate any functions or powers delegated to the Authority by the Minister without the written consent of the Minister.

Notes

Section 22: substituted, on 10 August 1992, by section 15 of the Civil Aviation Amendment Act 1992 (1992 No 75).
Section 22(8): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).