Legal Services Act 2011

Administration of legal services system - Functions of Secretary for Justice and Legal Services Commissioner - Legal Services Commissioner

72: Commissioner may delegate powers, functions, or duties

You could also call this:

"The Commissioner can pass on some of their jobs to someone else."

Illustration for Legal Services Act 2011

The Commissioner can give some of their powers, functions, or duties to another person if they want to. You need to know that the Commissioner can choose who to give these powers to and when. The Commissioner can also take these powers back whenever they want. The Commissioner must write down when they give powers to someone else. They can also say what conditions or restrictions the other person must follow. You should know that the Commissioner is still responsible for what the other person does, even if they are acting on the Commissioner's behalf. The Commissioner can give powers to someone in a specific case or in general. If the Commissioner changes, the powers they gave to someone else will still apply. You can find similar rules in laws such as s 62A, s 8(5), and s 17.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3142905.

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Part 3Administration of legal services system
Functions of Secretary for Justice and Legal Services Commissioner: Legal Services Commissioner

72Commissioner may delegate powers, functions, or duties

  1. The Commissioner may, as he or she thinks fit, delegate to any person any of his or her powers, functions, or duties under this Act or any other enactment.

  2. A delegation under subsection (1)—

  3. must be in writing; and
    1. may be made subject to any conditions or restrictions that the Commissioner thinks appropriate, including any factors that must be taken into account when the delegation is exercised; and
      1. may be made generally or in any particular case; and
        1. is revocable at will; and
          1. does not affect or prevent the exercise of any power or the performance of any function or duty by the Commissioner; and
            1. does not affect the responsibility of the Commissioner for the actions of any person acting under delegation; and
              1. continues according to its tenor despite any change in the person holding office as the Commissioner.
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