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Crown Entities Act 2004

Establishment and governance of Crown entities - Statutory entities - Delegation

74: Powers of delegate

You could also call this:

"What a delegate can and can't do when given someone's job"

Illustration for Crown Entities Act 2004

You are a delegate if someone gives you their job to do. You can do the job like they would, with the same powers and limits. You can give the job to someone else, but only if the board says you can. You must do the job with the same limits as the person who gave it to you. If you do a job as a delegate, people think you are doing it correctly unless they can prove you are not. You must show you have the power to do the job if someone asks you to prove it. This is similar to a rule in the 1988 law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330309.

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73: Ability to delegate, or

"When a board can give tasks or powers to others"

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75: Effect of delegation on entity or board, or

"What happens when a job is delegated to someone else in a Crown Entity"

Part 2Establishment and governance of Crown entities
Statutory entities: Delegation

74Powers of delegate

  1. A delegate to whom any functions or powers of a statutory entity or board are delegated—

  2. may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the delegate were the entity or the board; and
    1. may delegate the function or power only—
      1. with the prior written consent of the board; and
        1. subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.

        2. A delegate who purports to perform a function or exercise a power under a delegation—

        3. is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and
          1. must produce evidence of his or her authority to do so, if reasonably requested to do so.

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