Health and Disability Commissioner Act 1994

Miscellaneous provisions - Delegations

68: Delegation of functions and powers

You could also call this:

"When the Commissioner is not available, they can give some of their jobs to others, like a Deputy Commissioner, but only if it's allowed by the rules."

Illustration for Health and Disability Commissioner Act 1994

The Commissioner is a person who helps make sure health and disability services are good. You might wonder who can do the Commissioner's job if they are not available. The Commissioner can give some of their tasks to a Deputy Commissioner. The Commissioner cannot give certain tasks to just anyone, like tasks under Part 2 of this Act. The Commissioner also cannot give tasks like designating people under section 15(1) or section 24(1) to just anyone.

You can read more about what the Commissioner can and cannot do in the Crown Entities Act 2004, which is a law that applies to many organisations in New Zealand, including the office of the Commissioner. The Commissioner can delegate tasks in accordance with section 73 of the Crown Entities Act 2004. The Director of Proceedings and the Director of Advocacy can also give tasks to other people, but they need to get the Commissioner's approval first. There are some rules about who can and cannot get these tasks, like the Director of Proceedings cannot get tasks from the Director of Advocacy, and the other way around.

Some parts of the Crown Entities Act 2004 apply to people who get tasks from the Director of Proceedings or the Director of Advocacy, like sections 62 to 72. But other parts, like sections 74 to 76, do not apply to them.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM334150.

Topics:

Health and wellbeing > Healthcare servicesRights and equality > Anti-discrimination

67: Adverse comment, or

"Being treated fairly if someone says something bad about you in a report"

69: Further provisions relating to delegations, or

"Rules for when someone gives you a job to do on their behalf"

Part 5Miscellaneous provisions
Delegations

68Delegation of functions and powers

Repealed
The Commissioner may not delegate to any person other than a Deputy Commissioner—
the functions of the Commissioner under Part 2; or
the power to designate any person under section 15(1) or section 24(1), or to revoke any such designation; or
the power to make any recommendation or report under this Act.

The Commissioner may not delegate the functions or powers of the Commissioner under Part 4 or section 61 to the Director of Proceedings.
In other respects, the Commissioner may delegate in accordance with section 73 of the Crown Entities Act 2004.
The Director of Proceedings may from time to time, with the prior approval of the Commissioner in each case, delegate to any person holding office under the Commissioner all or any of the functions and powers of the Director of Proceedings under this Act or any other Act.
The Director of Advocacy may from time to time, with the prior approval of the Commissioner in each case, delegate to any person holding office under the Commissioner all or any of the functions and powers of the Director of Advocacy under this Act or any other Act.
No delegation under subsection (4) shall be to the Director of Advocacy.
No delegation under subsection (5) shall be to the Director of Proceedings.
Sections 62 to 72 of the Crown Entities Act 2004 apply to a delegate under subsection (4) or (5) as if the delegate were a member and as if the disclosure must be made to the Commissioner and with other necessary modifications.
Sections 74 to 76 of the Crown Entities Act 2004 do not apply to a delegation under subsection (4) or (5).

Compare

1993 No 28 s 121(1), (3)

Notes

Section 68(1): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 68(2): amended, on 9 February 2021, by section 18 of the Mental Health and Wellbeing Commission Act 2020 (2020 No 32).
Section 68(2): amended (with effect on 25 January 2005), on 20 September 2007, by section 5 of the Health and Disability Commissioner Amendment Act 2007 (2007 No 62).
Section 68(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 68(2)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 68(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 68(3A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 68(8): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 68(9): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).