Overseas Investment Act 2005

Consent and conditions regime - Administration

33: Rules that apply to delegation under this Act or regulations

You could also call this:

"Rules for when someone is given a job to do under the Overseas Investment Act 2005"

When someone is given a task to do under the Overseas Investment Act 2005, it must be written down. The person giving the task can decide how to give it, and it can be for a specific job or a type of job. You can be given a task if you are a specific person, a type of person, or if you have a certain job.

The person giving the task can also add conditions or restrictions to it. You can do the task in the same way as if you were given the power to do it directly under the Act. If you are doing a task under a delegation, people will assume you are following the rules of the delegation.

The person who gave you the task can still do the task themselves, even if they gave it to you. They can also take the task back from you at any time.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358046.

Topics:

Government and voting > Government departmentsBusiness > Industry rules

32: Delegation by relevant Minister or Ministers, or

"The Minister can pass some of their jobs to someone else, but not all decisions can be given away."

34: Ministerial directive letter, or

"A Ministerial directive letter is a special letter from the Minister that tells the regulator what to do about overseas investment in New Zealand."

Part 2Consent and conditions regime
Administration

33Rules that apply to delegation under this Act or regulations

The delegation—
must be in writing:
in the case of delegation by the Minister, may (but does not have to) be made in a Ministerial directive letter:
may be made generally or in relation to any particular matter or class of matters:
may be made to—
1. a specified person; or
2. persons of a specified class; or
3. the holder for the time being of a specified office or appointment; or
4. the holders of offices or appointments of a specified class:
may be revoked at any time.

The delegation may be made subject to any conditions or restrictions that the delegator thinks appropriate.
Subject to any general or special directions or conditions or restrictions given or imposed by the delegator, the person to whom a power or function is delegated may exercise that power or function in the same way and with the same effect as if it had been conferred directly by this Act or regulations and not by delegation.
A person who purports to act under a delegation is presumed to act in accordance with the terms of the delegation, unless the contrary is proved.
A delegation does not prevent the delegator from exercising the power or function that has been delegated.