Health and Disability Commissioner Act 1994

Miscellaneous provisions - Delegations

69: Further provisions relating to delegations

You could also call this:

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

Illustration for Health and Disability Commissioner Act 1994

When you delegate a task under section 68(4) or (5), it must be in writing. You need to follow the rules set by the person who delegated the task to you. The person who delegates the task is still responsible for what you do.

If you are given a task to do under section 68(4) or (5), you can do it in the same way as the person who gave it to you. You can make decisions and take actions as if you were the person who originally had the task. This is because the task was given to you in writing.

The person who gives you a task under section 68(4) or (5) can give it to anyone they choose. They can also set conditions and restrictions on what you can do. You must follow these conditions and restrictions when you do the task.

When you do a task under section 68(4) or (5), the person who gave it to you is still in charge. They can still do the task themselves if they want to. You are responsible for what you do, but the person who gave you the task is also responsible.

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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=DLM334157.

Topics:

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

68: Delegation of functions and powers, or

"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."

70: Delegate to produce evidence of authority, or

"Prove you have permission to do a job given by a boss"

Part 5Miscellaneous provisions
Delegations

69Further provisions relating to delegations

Every delegation under section 68(4) or (5) shall be in writing.
The power to delegate under section 68(4) or (5) does not limit any power of delegation conferred on the Commissioner or the Director of Proceedings or the Director of Advocacy by any other Act.
Subject to any general or special directions given or conditions imposed by the person by whom the delegation is made, the person to whom any functions or powers are delegated under section 68(4) or (5) may exercise any functions or powers so delegated to that person in the same manner and with the same effect as if they had been conferred on that person directly by this section and not by delegation.
Every person purporting to act pursuant to any delegation under section 68(4) or (5) shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
Any delegation under section 68(4) or (5) may be made—
to any specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices:
subject to such restrictions and conditions as the person by whom the delegation is made thinks fit:
either generally or in relation to any particular case or class of cases.

No delegation under section 68(4) or (5) shall affect or prevent the exercise of any function or power by the Commissioner or, as the case requires, the Director of Proceedings or the Director of Advocacy, nor shall any such delegation affect the responsibility of the Commissioner for the actions of any person acting under the delegation.

Compare

1993 No 28 s 121(2), (4)–(8)

Notes

Section 69(1): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner Amendment Act 2007 (2007 No 62).
Section 69(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 69(2): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 69(3): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner Amendment Act 2007 (2007 No 62).
Section 69(3): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 69(4): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner Amendment Act 2007 (2007 No 62).
Section 69(4): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 69(5): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 69(6): amended (with effect on 25 January 2005), on 20 September 2007, by section 6 of the Health and Disability Commissioner Amendment Act 2007 (2007 No 62).
Section 69(6): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).