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Maritime Transport Act 1994

Maritime New Zealand - General provisions

443: Delegation of Director’s functions or powers to employees of Authority

You could also call this:

"The boss of the Maritime Transport Authority can give some of their jobs to other employees."

The Director can give some of their jobs or powers to employees of the Authority. You can think of the Director like a boss who can ask others to help with their work. The Director can choose which jobs or powers to give to which employees.

The Director cannot give the power to delegate jobs or powers to others. This means the Director is the only one who can decide who gets to do which jobs. There are some jobs the Director cannot give to others, like revoking certain documents.

Some rules from the Crown Entities Act 2004 also apply to the Director. You can find these rules in sections 73(4) and 74 to 76 of that Act. The Director can give jobs or powers to a specific employee or to a group of employees.

When the Director gives a job or power to an employee, it stays with that employee until the Director takes it back. Even if the employee leaves their job, the job or power they were given stays with the next person who takes their place. The Director can also give jobs or powers to the person who holds a certain office, like a manager.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338848.

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442: Restriction on delegation of functions and powers by Authority, or

"The Authority needs the Minister's approval to pass on its jobs or powers to others."

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444: Delegation of Director’s functions or powers to persons outside Authority, or

"The Director can give some jobs or powers to people outside their team with the Minister's approval."

Part 29Maritime New Zealand
General provisions

443Delegation of Director’s functions or powers to employees of Authority

  1. The Director may from time to time, either generally or particularly, delegate to any employee of the Authority any of the Director’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, including functions or powers delegated to the Director under this Act or any other Act.

  2. Repealed

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

  4. Notwithstanding subsection (1), the Director shall not delegate—

    1. the power under section 44 or section 273 to revoke a maritime document or a marine protection document:
      1. the power under section 452B to make, amend, or revoke a transport instrument (as prohibited by subsection (2) of that section).

        1. The provisions of sections 73(4) and 74 to 76 of the Crown Entities Act 2004 apply as if references to the board were references to the Director, with all necessary modifications.

        2. Any delegation under this section may be made to a specified employee of the Authority or to employees of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices of the Authority.

        3. Every delegation under this section, until it is revoked, continues in force according to its tenor, despite the fact that the employee of the Authority by whom it was made may cease to hold office, and continues in effect as if made by the employee for the time being holding that office.

        Compare
        • 1993 No 89 s 17
        Notes
        • Section 443(2): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 443(4)(a): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 443(4)(c): inserted, on , by section 42 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
        • Section 443(5): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 443(6): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
        • Section 443(7): added, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).