Health Act 1956

National Cervical Screening Programme - Operation of NCSP

112K: Delegation of functions and powers

You could also call this:

"The boss can pass on some of their tasks or powers to others, with conditions, and those others can do the tasks as if they were given them directly."

The Director-General can give some of their jobs or powers to the NCSP manager in writing. They can choose what conditions to put on this. The Director-General is giving the NCSP manager jobs or powers from sections 112M(2)(b) and (c), 112N(2)(b) and (c), 112ZB(2), 112ZC(2), and 112ZD(2).

The NCSP manager can also give some of their jobs or powers to another person in writing. They can choose what conditions to put on this, but they cannot give away jobs or powers that the Director-General gave to them. The NCSP manager also cannot give away their own power to give jobs or powers to others.

When someone is given a job or power, they can do it in the same way as if they were given it directly. They have to follow any directions or conditions given by the NCSP manager or the Director-General. You can give a job or power to a specific person or to someone who has a specific job.

If someone is given a job or power, you assume they are doing it correctly unless you have evidence they are not. The Director-General or NCSP manager can take back a job or power they gave to someone at any time. Even if the Director-General or NCSP manager is no longer in their job, the given job or power is still valid.

Giving someone a job or power does not mean the Director-General or NCSP manager is not responsible for what that person does. It also does not stop the Director-General or NCSP manager from doing the job or power themselves. The Director-General can give away other jobs or powers according to clauses 2 and 3 of Schedule 6 of the Public Service Act 2020.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307907.


Previous

112JA: Further provisions relating to NCSP information, or

"Rules for using and sharing National Cervical Screening Programme information"


Next

112L: Duties of persons taking specimens for screening tests, or

"What people taking health samples for tests must tell women before a cervical screening test"

Part 4ANational Cervical Screening Programme
Operation of NCSP

112KDelegation of functions and powers

  1. The Director-General may, in writing, delegate to the NCSP manager any of his or her functions or powers under sections 112M(2)(b) and (c), 112N(2)(b) and (c), 112ZB(2), 112ZC(2), and 112ZD(2), on any conditions that the Director-General thinks fit.

  2. The NCSP manager may, in writing, delegate to any person any of his or her functions or powers under this Part, on any conditions that the NCSP manager thinks fit, except—

  3. any power or function delegated to the NCSP manager by the Director-General; and
    1. this power of delegation.
      1. Subject to any general or special directions given or conditions attached by the NCSP manager or the Director-General, the person 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 or her directly under this Part and not by delegation.

      2. Any delegation under subsection (2) may be made to a specified person or to the holder or holders for the time being of a specified office or specified class of offices.

      3. Every person who purports to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

      4. A delegation under this section—

      5. is revocable, in writing, at will; and
        1. continues in force until it is revoked, even if the NCSP manager or Director-General by whom it was made ceases to hold office, and continues to have effect as if made by his or her successor in that office.
          1. A delegation under this section does not affect or prevent the performance or exercise of any function or power by the delegator, and does not affect the responsibility of the delegator for the actions of any person acting under that delegation.

          2. Subsection (1) does not limit the Director-General's power to delegate any of his or her functions under this Part in accordance with clauses 2 and 3 of Schedule 6 of the Public Service Act 2020.

          Notes
          • Section 112K: inserted, on , by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
          • Section 112K(8): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).