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Maritime Transport Act 1994

Maritime New Zealand - General provisions

441: Delegation of Minister’s functions or powers to Authority

You could also call this:

"The Minister can pass on some of their jobs or powers to the Authority."

Illustration for Maritime Transport Act 1994

The Minister can give some of their jobs or powers to the Authority. You need to know that the Minister can do this for some jobs or all of them. The Minister must write down what jobs or powers they are giving to the Authority. The Minister cannot give the Authority the power to give jobs or powers to someone else. The Minister's power to give jobs or powers to the Authority has some limits, which are explained in section 451(8). The Authority can do the jobs or use the powers given to them in the same way as if they got them directly. When the Authority does something using the jobs or powers given to them, they are presumed to be doing it correctly. The Minister can still do any job or use any power, even if they gave it to the Authority. The Minister is still responsible for what the Authority does when using the given jobs or powers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338845.

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Part 29Maritime New Zealand
General provisions

441Delegation of Minister’s functions or powers to Authority

  1. The Minister may from time to time, either generally or particularly, delegate to the Authority all or any of the Minister’s functions and powers under this Act or any other Act, or under any regulations or rules made under this Act or any other Act.

  2. Every delegation under this section shall be in writing.

  3. No delegation under this section shall include the power to delegate under this section.

  4. The power of the Minister to delegate under this section—

  5. is subject to section 451(8) and to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister’s functions or powers; but
    1. does not limit any power of delegation conferred on the Minister by any other Act.

      1. Subject to any general or special directions given or conditions imposed by the Minister, the Authority may exercise any functions or powers so delegated to the Authority in the same manner and with the same effect as if they had been conferred on the Authority directly by this section and not by delegation.

      2. Where the Authority purports to act pursuant to any delegation under this section, the Authority shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

      3. No such delegation shall affect or prevent the performance of any function or the exercise of any power by the Minister, nor shall any such delegation affect the responsibility of the appropriate Minister for the actions of any person acting under the delegation.

      Compare
      • 1993 No 89 s 15