Crown Entities Act 2004

Establishment and governance of Crown entities - Statutory entities - Delegation

74: Powers of delegate

You could also call this:

"What happens when someone is given a job or power to act on behalf of a group or organisation"

When a statutory entity or board gives someone a task or power, you can do the task or use the power as if you were the entity or board, unless they say otherwise. You must follow the same rules and it has the same effect as if the entity or board did it. If you want to give the task or power to someone else, you need to get the board's written consent first and the person you give it to must follow the same rules.

If you are given a task or power, people will assume you are doing it correctly unless someone can prove otherwise. If someone asks you to prove you have the authority to do the task or use the power, you must show them evidence of your authority if they ask reasonably. This is similar to what is stated in s 41(2), (3), (4).

You have to be careful when using the power or doing the task, and make sure you are doing it correctly and following the rules.

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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

"The board can give some of its jobs to others, like members, employees, or approved people."


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75: Effect of delegation on entity or board, or

"Delegating tasks doesn't stop you from being in charge or responsible for what your delegates do."

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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