Electoral Act 1993

Officers

20CA: Powers of delegate

You could also call this:

"When someone helps the Returning Officer, they have the same powers to make decisions."

Illustration for Electoral Act 1993

If a Returning Officer gives some of their jobs to another electoral official, that official can do those jobs in the same way as the Returning Officer. They have to follow the same rules and their decisions have the same effect as if the Returning Officer had made them. You can assume that the official is doing their job correctly, unless someone can prove otherwise, when they are doing something that the Returning Officer told them to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3283735.


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20C: Returning Officers may delegate functions, duties, or powers, or

"Returning Officers can give some of their jobs to other officials."


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20CB: Effect of delegation on Returning Officer, or

"What happens when someone helps the Returning Officer with their tasks"

Part 2Officers

20CAPowers of delegate

  1. An electoral official to whom any functions, duties, or powers of a Returning Officer are delegated may, unless the delegation provides otherwise, perform the function or duty or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the electoral official were the Returning Officer.

  2. An electoral official who purports to perform a function or duty or exercise a power under a delegation from a Returning Officer is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation.

Notes
  • Section 20CA: inserted, on , by section 9 of the Electoral (Administration) Amendment Act 2010 (2010 No 26).