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Wildlife Act 1953

Administration - Powers of Director-General

44A: Delegation of powers by Director-General

You could also call this:

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

The Director-General can give some of their powers to other officers or employees in the Department. They can do this for specific tasks or for all their powers, except for powers that were already given to them by someone else, unless it is allowed under section 44. The Director-General decides who gets these powers.

When the Director-General gives powers to someone, that person can use them as if they got them directly from the law. The Director-General can give directions or conditions for how these powers are used. You are assumed to be acting correctly if you are using powers that were given to you, unless someone proves otherwise.

The Director-General can give powers to a specific person, a group of people, or to someone with a specific job title. They can take back these powers at any time, and giving powers to someone else does not stop the Director-General from using their own powers. If the Director-General leaves their job, the powers they gave to someone else will still be in effect, as if the new Director-General had given them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM277837.

Topics:
Environment and resources > Conservation
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Part 3Administration
Powers of Director-General

44ADelegation of powers by Director-General

  1. The Director-General may from time to time, either generally or particularly, delegate to such officer or officers or employee or employees of the Department as he thinks fit all or any of the powers exercisable by him under this Act, including the power of delegation conferred by this section, but, except as provided in section 44, not including any powers delegated to him under any other provision of this Act.

  2. Subject to any general or special directions given or conditions attached by the Director-General, the officer or employee 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.

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

  4. Any delegation under this section may be made to a specified officer or employee or to officers or employees of a specified class, or may be made to the holder or holders for the time being of a specified office or class of offices.

  5. Any delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Director-General.

  6. Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Director-General by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of that Director-General.

Notes
  • Section 44A: inserted, on , by section 2 of the Wildlife Amendment Act 1968 (1968 No 120).
  • Section 44A heading: amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
  • Section 44A(1): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
  • Section 44A(2): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
  • Section 44A(5): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).
  • Section 44A(6): amended, on , by section 65(1) of the Conservation Act 1987 (1987 No 65).