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Corrections Act 2004

Corrections system - Statutory roles and responsibilities - Other persons with other powers and functions in relation to prisoners

13: Delegation of powers and functions of prison managers

You could also call this:

"Prison managers can share some of their jobs with other qualified people."

Illustration for Corrections Act 2004

The prison manager can give some of their jobs to other people. You can be given these jobs if you have other jobs under this Act or if you work for the department and the chief executive thinks you are qualified. The prison manager can give you these jobs for a specific task or for all tasks.

When you are given these jobs, you can do them in the same way as the prison manager. You must follow any directions or conditions given by the prison manager. There are some jobs that the prison manager cannot give to anyone else, like making rules under section 33 or giving jobs to other people.

The prison manager must follow any rules or conditions when giving jobs to other people. Giving jobs to other people does not stop the prison manager from doing their own jobs. If someone is given a job, you can assume they are doing it correctly unless you can prove otherwise.

The prison manager must write down when they give someone a job, and they can give jobs to specific people or to people with specific roles. The prison manager can also take back a job they gave to someone at any time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295411.

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12: Powers and functions of prison managers, or

"What prison managers can and must do to run a prison"

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"What prison officers are allowed to do and their jobs"

Part 2Corrections system
Statutory roles and responsibilities: Other persons with other powers and functions in relation to prisoners

13Delegation of powers and functions of prison managers

  1. The prison manager may, either generally or particularly, delegate to any other person who has powers or functions under this Act, or who is an employee of the department and in the opinion of the chief executive is suitably qualified to exercise the power or function, any of the powers or functions of the prison manager under this Act or any regulations made under this Act, including powers or functions delegated to the prison manager under this Act.

  2. Subject to any general or special directions given or conditions imposed by the prison manager, the person to whom any powers or functions are delegated under this section may exercise those powers or functions in the same manner and with the same effect as if they had been conferred on that person directly by this Act or any regulations made under this Act, as the case may be, and not by delegation.

  3. Despite anything in subsection (1) or any other enactment, the prison manager must not delegate to any person—

  4. the power to make rules under section 33; or
    1. the power of delegation conferred by subsection (1).

      1. The power of the prison manager to delegate under this section—

      2. is subject to any prohibitions, restrictions, or conditions contained in this Act or any other enactment in relation to the delegation of the prison manager's functions or powers; but
        1. does not limit any power of delegation conferred on the prison manager by any other enactment.

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

          2. Any delegation under this section—

          3. must be in writing:
            1. may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or a specified class of offices:
              1. may be revoked at any time.

                1. No delegation under this Act affects or prevents the exercise of any power or function by the prison manager, or affects the responsibility of the prison manager for the actions of any person acting under the delegation.