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Maritime Transport Act 1994

Maritime New Zealand - General provisions

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

You could also call this:

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

Illustration for Maritime Transport Act 1994

The Director can give some of their jobs or powers to people outside the Authority. You need to know the Director can only do this if it is written down. The Minister must agree to this in writing. The Director cannot give away some important jobs, like revoking maritime documents, suspending seafarers, or detaining ships. If the Director gives someone a job, that person must show proof of their authority when asked. They can also charge a reasonable fee for doing the job. The Director can give jobs to a specific person, a group of people, or someone with a specific role. These jobs are only given for a certain amount of time and can be taken away at any time. The person doing the job must follow the rules and get approval from the Minister if needed. You can read more about this in the Crown Entities Act 2004, specifically sections 73(4) and 74 to 76. The Director and the person doing the job must act fairly and follow the rules. If you have any questions, you can ask the Director or the Minister for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338853.

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Part 29Maritime New Zealand
General provisions

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

  1. Repealed

  2. Subject to this section, the Director may from time to time, either generally or particularly, delegate to any person who is not an 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, other than—

  3. the power under section 44 or section 273 to revoke maritime documents or marine protection documents; or
    1. the power under section 46 or section 274 to suspend or revoke maritime documents or marine protection documents; or
      1. the power under section 52 to suspend seafarers; or
        1. the power under section 55 or section 197 or section 397 to detain ships or maritime products or marine protection products; or
          1. the power under section 423 to issue infringement notices; or
            1. the power under section 452B to make, amend, or revoke a transport instrument (as prohibited by subsection (2) of that section).

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

              2. No delegation shall be made under this section without the written consent of the Minister.

              3. In any case where the Director has delegated any functions or powers to any person under this section, that person may, with the prior approval in writing of the Minister, delegate to any other person such of those functions or powers as are so approved.

              4. 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, and with all necessary modifications.

              5. Any delegation under this section may be made to a specified person or persons of a specified class or to the holder or holders for the time being of a specified office or specified class of office.

              6. Every delegation under this section shall be given for a specified period but in any event shall be revocable at will.

              7. Repealed

              8. Repealed

              9. Every person purporting to act under any delegation under this section shall, when reasonably requested to do so, produce evidence of his or her authority to so act.

              10. Any person who exercises any function or power under a delegation made under this section or under section 73 of the Crown Entities Act 2004 may charge the person in respect of whom the function or power is exercised a reasonable fee in respect of the exercise of that function or power.

              Compare
              • 1993 No 89 s 18
              Notes
              • Section 444 heading: amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
              • Section 444(1): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
              • Section 444(2)(f): inserted, on , by section 43 of the Regulatory Systems (Transport) Amendment Act 2021 (2021 No 9).
              • Section 444(5): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
              • Section 444(6): substituted, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
              • Section 444(9): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
              • Section 444(10): repealed, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).
              • Section 444(12): amended, on , by section 200 of the Crown Entities Act 2004 (2004 No 115).