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Human Rights Act 1993

Miscellaneous provisions

140: Delegation of powers by Chief Commissioner

You could also call this:

"The Chief Commissioner can share some of their jobs with others in the Commission."

Illustration for Human Rights Act 1993

The Chief Human Rights Commissioner can give some of their jobs or powers to another person in the Commission. You need to know that the Commissioner can only give away some of their powers, not all of them. The Commissioner can take back the powers they gave away at any time. If the Commissioner gives away a power, the person who gets it must use it in a way that is consistent with what the Commission has already decided, like what is said in section 7. The person who gets the power must also show they have the authority to use it when asked. Some rules from the Crown Entities Act 2004, like sections 62 to 72, also apply to the person who gets the power. If the Commissioner leaves their job, the powers they gave away are still valid, like they were given by the new Commissioner. Some other rules from the Crown Entities Act 2004, like sections 74 to 76, do not apply to the person who gets the power.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305497.

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Part 7Miscellaneous provisions

140Delegation of powers by Chief Commissioner

  1. The Chief Human Rights Commissioner may, in writing signed by him or her, delegate to an officer or employee of the Commission any of the Chief Commissioner's functions or powers under this Act, except this power of delegation and the power to make a report under this Act.

  2. A delegation under this section—

  3. may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class; and
    1. may be made subject to any restrictions or conditions the Chief Commissioner thinks fit; and
      1. may be made either generally or in relation to any particular case or class of cases; and
        1. is revocable at will and, until revoked, continues in force according to its tenor.

          1. If a function or power is delegated under this section, the performance or exercise of the function or power must not be inconsistent with determinations of the Commission under section 7.

          2. If a function or power is delegated under this section and the Chief Commissioner by whom it was made ceases to hold office, the delegation continues to have effect as if it were made by his or her successor.

          3. A person purporting to exercise a function or power of the Chief Commissioner by virtue of a delegation under this section must, when required to do so, produce evidence of the person's authority to exercise the power.

          4. Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under this section as if the delegate were a member and as if the disclosure must be made to the Commission and with other necessary modifications.

          5. Sections 74 to 76 of the Crown Entities Act 2004 do not apply to a delegation under this section.

          Compare
          • 1977 No 49 s 80
          Notes
          • Section 140: substituted, on , by section 37 of the Human Rights Amendment Act 2001 (2001 No 96).
          • Section 140 heading: amended, on , by section 16(1) of the Human Rights Amendment Act 2016 (2016 No 28).
          • Section 140(1): amended, on , by section 16(2)(a) of the Human Rights Amendment Act 2016 (2016 No 28).
          • Section 140(1): amended, on , by section 16(2)(b) of the Human Rights Amendment Act 2016 (2016 No 28).
          • Section 140(2)(b): amended, on , by section 16(3) of the Human Rights Amendment Act 2016 (2016 No 28).
          • Section 140(4): amended, on , by section 16(4) of the Human Rights Amendment Act 2016 (2016 No 28).
          • Section 140(5): amended, on , by section 16(5) of the Human Rights Amendment Act 2016 (2016 No 28).
          • Section 140(6): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
          • Section 140(7): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).