Corrections Act 2004

Corrections system - Miscellaneous - Management of prisons

199AB: Delegation of powers and functions of chief executive to subcontractor

You could also call this:

"The boss of a prison can pass some of their jobs to someone else they are working with."

The chief executive of a prison can give some of their jobs or powers to a subcontractor or an employee of that subcontractor. This is allowed under the Corrections Act, but the chief executive must follow certain rules, including section 10 of this Act and clauses 2 to 4 of Schedule 6 of the Public Service Act 2020. The chief executive can give these jobs or powers to a subcontractor who is working with the prison, as mentioned in section 199C.

When a subcontractor or their employee gets these jobs or powers, they can do them in the same way as the chief executive would. They must follow any directions or conditions given by the chief executive. The subcontractor or their employee can also give some of these jobs or powers to another employee, but only if the chief executive agrees in writing.

If someone seems to be working under a delegation, you can assume they are following the rules unless there is evidence to the contrary. Some other rules, like section 199AA(5) and (6), also apply to these delegations.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5066225.

Topics:

Crime and justice > Criminal lawGovernment and voting > Government departments

199AA: Delegation of powers and functions of chief executive to contractor, or

"The boss of a prison can give some of their jobs to someone else, like a contractor, to do on their behalf."

199A: Delegation of powers and functions of contractor, or

"Contractors running prisons must follow some government rules to help them manage the prison."

Part 2Corrections system
Miscellaneous: Management of prisons

199ABDelegation of powers and functions of chief executive to subcontractor

Without limiting clauses 2 to 4 of Schedule 6 of the Public Service Act 2020, but subject to section 10 of this Act, the chief executive may delegate to a subcontractor referred to in section 199C or an employee of that subcontractor, either generally or particularly, any of the functions or powers of the chief executive under this Act.
Subject to any general or special directions given or conditions imposed by the chief executive, a subcontractor or employee of that subcontractor to whom the functions or powers are delegated may perform those functions or exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
A subcontractor or an employee of a subcontractor who has been delegated any functions or powers under subsection (1) may with the prior written approval of the chief executive delegate those functions or powers to an employee of the subcontractor.
A subcontractor or an employee of a subcontractor who appears to act under a delegation is presumed to be acting in accordance with its terms and conditions in the absence of evidence to the contrary.
Section 199AA(5) and (6) apply to a delegation under this section.

Notes

Section 199AB: inserted, on 5 March 2013, by section 42 of the Corrections Amendment Act 2013 (2013 No 5).
Section 199AB(1): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).