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Public Records Act 2005

Purpose, other preliminary provisions, and key administrative provisions - Key administrative provisions - Chief Archivist

13: Delegations by Chief Archivist

You could also call this:

"The Chief Archivist can pass on some tasks to others, but keeps control of important decisions."

Illustration for Public Records Act 2005

The Chief Archivist can give some of their jobs to an employee in the department. You need to know the Chief Archivist cannot give away the power to get rid of public records or protected records. The Chief Archivist also cannot give away the power to give jobs to others. When the Chief Archivist gives a job to someone, it must be written down. The Chief Archivist can add rules to the job and can take it back at any time. This does not stop the Chief Archivist from doing the job themselves. If the Chief Archivist gives a job to someone, that person can do the job as if it was given to them directly. If someone seems to be doing a job that was given to them, you can assume they are doing it correctly unless you have evidence that says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345722.

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Part 1Purpose, other preliminary provisions, and key administrative provisions
Key administrative provisions: Chief Archivist

13Delegations by Chief Archivist

  1. The Chief Archivist may, either generally or particularly, delegate to an employee in the department all or any of the Chief Archivist’s functions, duties, or powers under this Act except—

  2. the power to authorise the disposal of—
    1. public records; or
      1. protected records; and
      2. the power to delegate.

        1. A delegation—

        2. must be in writing; and
          1. may be made subject to any restrictions and conditions the Chief Archivist thinks fit; and
            1. is revocable at any time, in writing; and
              1. does not prevent the performance or exercise of a function, duty, or power by the Chief Archivist.

                1. A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

                2. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

                Notes
                • Section 13(1): amended, on , by section 8 of the Public Records Amendment Act (No 2) 2010 (2010 No 133).