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New Zealand law explained for everyone

Building Act 2004

Regulation of building practitioners - Licensing and disciplining of building practitioners - Registrar of Licensed Building Practitioners

312: Power of Registrar to delegate

You could also call this:

“The Registrar can let someone else do their job, but only if they write it down and follow the rules.”

You should know that the Registrar can give some of their jobs and powers to other people. This can be for all their tasks or just some of them. The Registrar can’t give away their power to delegate, though.

When the Registrar gives someone a job to do, they have to write it down. They can also set rules about how the job should be done. The Registrar can take back the job at any time by writing it down again. Even when the Registrar gives a job to someone else, they can still do that job themselves if they want to.

The person who gets the job from the Registrar can do it just like the Registrar would. It’s as if the law gave them the job directly.

If you see someone doing a job that looks like it came from the Registrar, you can assume they’re allowed to do it unless you have proof that they’re not.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308635.

Topics:
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311: Functions of Registrar, or

“The Registrar keeps a list of licensed builders and helps make sure they're doing their job properly.”

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313: Certificate of Registrar to be conclusive evidence, or

“The Registrar's signed paper is trusted as true proof about building workers, unless someone can show it's wrong.”

Part 4 Regulation of building practitioners
Licensing and disciplining of building practitioners: Registrar of Licensed Building Practitioners

312Power of Registrar to delegate

  1. The Registrar may delegate to any person (whether an employee of the State services or not), either generally or particularly, any of the Registrar's functions, duties, and powers except the power of delegation.

  2. A delegation—

  3. must be in writing; and
    1. may be made subject to any restrictions and conditions that the Registrar thinks fit; and
      1. is revocable at any time, in writing; and
        1. does not prevent the performance or exercise of a function, duty, or power by the Registrar.

          1. A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

          2. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.