Wildlife Act 1953

Administration - Powers of Minister

44: Delegation of Minister's powers

You could also call this:

"The Minister can share their decision-making power with others to help manage wildlife."

The Minister can give some of their powers to the Director-General or other officers in the Department. You can think of the Director-General as the person in charge of the Department. The Minister can also give powers to any body or person to help manage wildlife sanctuaries, refuges, or reserves.

When the Minister gives powers to someone, that person can use those powers as if they were given to them directly. The Minister can give directions or attach conditions to the powers they give away. If someone is using powers given to them by the Minister, you can assume they are doing it correctly unless proven otherwise.

The Minister can give powers to a specific person, a group of people, or someone with a specific job. The Minister can take back the powers they give away at any time, and giving powers to someone does not stop the Minister from using those powers themselves. If the Minister gives powers to someone and then leaves their job, the powers they gave away will still be in effect until they are taken back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM277831.


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"Government houses for people helping with wildlife"


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44A: Delegation of powers by Director-General, or

"The boss of a department can share their job powers with others."

Part 3Administration
Powers of Minister

44Delegation of Minister's powers

  1. The Minister may from time to time delegate in writing to the Director-General or to any other officer of the Department any of his powers under this Act, including the power of delegation conferred by this section.

  2. The Minister may from time to time delegate in writing to any body or person such powers as he may have under or pursuant to this or any other Act relating to the day-to-day control and management of any wildlife sanctuary, or wildlife refuge, or wildlife management reserve.

  3. Subject to any general or special directions given or conditions attached by the Minister, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

  4. Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

  5. Any delegation under this section may be made to a specified person or to persons of a specified class or may be made to the holder or holders for the time being of a specified office or of specified classes of offices.

  6. Every delegation under this section shall be revocable in writing at will, and no such delegation shall prevent the exercise of any power by the Minister or by any other person making the delegation.

  7. Every delegation made under this section by the Minister or by any other person holding any office shall, until it is revoked, continue in force according to its tenor, notwithstanding the fact that the Minister or other officer by whom it was made may have ceased to hold office, and shall continue to have effect as if made by his successor in office.

Notes
  • Section 44(1): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
  • Section 44(1A): inserted, on , by section 8 of the Wildlife Amendment Act 1980 (1980 No 17).
  • Section 44(1A): amended, on , by section 79 of the Conservation Law Reform Act 1990 (1990 No 31).