Electricity Act 1992

Disciplinary provisions - Procedure and miscellaneous matters

147V: Appointment of persons to assist investigator

You could also call this:

“Helper can be chosen for investigator”

The Secretary can choose someone to help the investigator do their job under this part of the law. This person is called the ‘appointed person’. The Secretary and the appointed person agree on how much money the appointed person will get for their work.

If the appointed person makes a mistake while trying to do their job properly, they won’t get in trouble for it. The investigator can let the appointed person do some or all of their tasks. When the appointed person does these tasks, they have to follow the same rules as the investigator.

If someone asks, the appointed person needs to show that they’re allowed to do the investigator’s job. Even if the appointed person is doing some tasks, the investigator can still do their own job too. The investigator is still responsible for what the appointed person does.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2860189.


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Part 11 Disciplinary provisions
Procedure and miscellaneous matters

147VAppointment of persons to assist investigator

  1. For the purposes of assisting the investigator in the performance of the investigator's functions under this Part, the Secretary may appoint any person (the appointed person) to assist the investigator.

  2. The Secretary must pay to the appointed person, by way of remuneration and expenses for his or her services, the sum that is agreed upon between the appointed person and the Secretary.

  3. No appointed person is personally liable for any act or omission done, in good faith, in the performance or exercise or intended performance or exercise of his or her functions or powers under this Act.

  4. The investigator may delegate any of the functions or powers of the investigator, either generally or specifically, to the appointed person.

  5. The appointed person may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the appointed person were the investigator.

  6. If the appointed person purports to perform a function or exercise a power under a delegation, the appointed person—

  7. is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and
    1. must produce evidence of his or her authority to do so, if reasonably requested to do so.
      1. No delegation under this section—

      2. affects or prevents the performance of any function or the exercise of any power by the investigator; or
        1. affects the responsibility of the investigator for the actions of the appointed person acting under the delegation.
          Notes
          • Section 147V: inserted, on , by section 13 of the Electricity Amendment Act 2006 (2006 No 70).