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Copyright Act 1994

Border protection measures - Miscellaneous matters

145: Delegation of powers, duties, and functions

You could also call this:

"The boss can give some jobs to other officers with the supervisor's permission."

Illustration for Copyright Act 1994

You can think of the chief executive as a boss. The boss can give some of their jobs to other Customs officers. The boss needs to get permission from the Minister of Customs first. The Minister of Customs is like a supervisor to the boss. You should know that the boss cannot give away the power to give jobs to others. The Customs officers who get these jobs can do them as if they were given the jobs directly by the law. If someone says they are doing a job because the boss gave it to them, you can assume they are telling the truth. The boss can give jobs to specific people or to people with specific titles. The boss can take back the jobs they gave away at any time. Just because the boss gives away a job, it does not mean they cannot do the job themselves. If the boss leaves their job, the jobs they gave away will still belong to the people they gave them to. The new boss will have the same power to give away jobs as the old boss did.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346666.

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Part 7Border protection measures
Miscellaneous matters

145Delegation of powers, duties, and functions

  1. With the written consent of the Minister of Customs, the chief executive may from time to time, either generally or particularly, by writing under his or her hand, delegate to any Customs officer all or any of the powers, duties, and functions conferred or imposed on the chief executive by or under this Part.

  2. No delegation under subsection (1) shall include the power to delegate under that subsection.

  3. Subject to any general or special directions given or conditions imposed from time to time by the Minister of Customs or the chief executive, as the case may be, the officer to whom any powers are so delegated may exercise those powers in the same manner and with the same effect as if they had been conferred on that officer directly by this Act and not by delegation.

  4. Every Customs officer purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

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

  6. Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the chief executive.

  7. Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the chief executive by whom it was made has ceased to hold office, and shall continue to have effect as if made by the successor in office of the chief executive.

Notes
  • Section 145: substituted, on , by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).