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Lawyers and Conveyancers Act 2006

Complaints and discipline - General provisions in relation to Standards Committees

184: Delegation of functions and powers

You could also call this:

"When a committee gives its jobs and powers to others, it must be in writing."

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You can be part of a Standards Committee. This committee can give some of its jobs and powers to its members or other committees. It can also give jobs and powers to other people. When the committee gives jobs and powers to others, it must be in writing. The committee cannot give away some important jobs, like making certain decisions under section 138, appointing investigators under section 144, or making final determinations under section 152.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366729.

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Part 7Complaints and discipline
General provisions in relation to Standards Committees

184Delegation of functions and powers

  1. A Standards Committee may from time to time delegate to any of its members or to any committee appointed under section 183(1)(b) or to any other person any of its functions and powers, including this power of delegation.

  2. Every delegation under this section must be in writing.

  3. No delegation under this section may include—

  4. the power to make a decision under section 138; or
    1. the power to appoint an investigator under section 144; or
      1. the power to make a final determination under section 152; or
        1. the power to make an order under section 156 or section 157.

          1. Subject to any general or special directions given or conditions imposed by the Standards Committee, the person or committee to whom or to which any function or power is delegated under this section may perform or exercise that function or power in the same manner and with the same effect as if it had been conferred on that person or committee directly by this Act and not by delegation.

          2. Every person or committee purporting to act pursuant to any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

          3. Every delegation under this section is revocable in writing at will.

          4. No delegation under this section affects or prevents the performance or exercise of any function or power by the Standards Committee that made the delegation, nor does any such delegation affect the responsibility of that Standards Committee for the actions of any person acting under the delegation.

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