Biosecurity Act 1993

Administrative provisions - Appointments and delegations

105: Delegation to authorised persons

You could also call this:

"Bosses can share some of their jobs with others, but keep important decisions to themselves."

A principal officer or chief technical officer can give some of their jobs to another person, but they cannot give away their power to delegate jobs or appoint inspectors and authorised persons. You can think of a principal officer or chief technical officer like a boss who is in charge of certain things. They can choose to share some of their work with someone else, as long as it is not one of the two jobs they cannot give away. They can decide the rules for how the other person does the job, and they can take the job back at any time by sending a written notice. When someone is given a job to do, they can do it in the same way as the person who gave it to them, without needing their approval, unless the rules of the job say otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316072.


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"People in charge of biosecurity must follow instructions from their bosses."


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"Chief technical officer takes over important decisions from inspectors"

Part 6Administrative provisions
Appointments and delegations

105Delegation to authorised persons

  1. A principal officer or chief technical officer may delegate to any person any of his or her functions, powers, or duties under this Act, except for—

  2. this power of delegation; and
    1. the power to appoint inspectors and authorised persons.
      1. Any delegation under this section may be made on such terms and conditions as the person delegating the power thinks fit, and may be revoked at any time by notice in writing to the delegate.

      2. Except as provided in the instrument of delegation, every person to whom a function, power, or duty has been delegated under this section may, without confirmation by the person delegating the function, power, or duty, exercise or perform the function, power, or duty in the same manner and with the same effect as the person so delegating could himself or herself have exercised or performed it.

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

      4. A delegation under this section does not affect the performance or exercise of any function, power, or duty by the person on whom the function, power, or duty is conferred or imposed.

      Notes
      • Section 105(1): replaced, on , by section 5 of the Biosecurity Amendment Act 2005 (2005 No 91).