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Maritime Transport Act 1994

Maritime New Zealand - Provisions relating to Authority

440: Acting Director of Maritime New Zealand

You could also call this:

"Who takes over when the boss of Maritime New Zealand is away or can't work"

If the Director of Maritime New Zealand is away from work or their job is empty, someone else can do their job. You can be an employee who the Authority tells to do the Director's job, or someone the Authority appoints to do it. The Authority can choose someone before or after the Director is away or their job is empty.

If someone is doing the Director's job, you cannot question their actions in court because they were not supposed to be doing the job. The Authority's choice of person to do the Director's job is valid, even if the reason for choosing them has stopped. You can see more information about this law by looking at the Maritime Transport Amendment Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338842.

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439: Director of Maritime New Zealand, or

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Part 29Maritime New Zealand
Provisions relating to Authority

440Acting Director of Maritime New Zealand

  1. In the case of absence from duty of the Director (from whatever cause arising) or on the occurrence from any cause of a vacancy in that position (whether by reason of death, resignation, or otherwise) and from time to time while the absence or vacancy continues, all or any of the powers and duties of the Director or pertaining to the position may be exercised and performed by—

  2. any other employee for the time being directed by the Authority to exercise and perform them; or
    1. any other person for the time being appointed by the Authority to exercise and perform them,—
        1. whether the direction has been given or the appointment has been made before the absence or vacancy occurs or while the absence or vacancy continues.

      1. No such direction or appointment, and no acts done by any employee or other person acting pursuant to any such direction or appointment, shall in any proceedings be questioned on the ground that the occasion for the direction or appointment had not arisen or had ceased, or on the ground that the employee or other person has not been appointed to any position to which the direction or appointment relates.

      Compare
      • 1993 No 89 s 14
      Notes
      • Section 440 heading: amended, on , by section 11(2) of the Maritime Transport Amendment Act 2004 (2004 No 98).