National Parks Act 1980

Administration

41: Delegation of Minister's powers and functions

You could also call this:

"Minister can give some powers to others, but keeps important decisions"

The Minister can give some of their powers and jobs under this Act to the Director-General or other people who work in the Department. The Minister can choose to give these powers for all matters, or just for specific cases or types of cases, or for certain national parks.

However, there are some things the Minister can't give to others. These include the power to make decisions about creating or changing national parks, agreeing to the Director-General's actions when the Act says the Minister must agree, and making rules for national parks.

When the Minister gives these powers to someone, they can name a specific person or give the powers to whoever is in a certain job in the Department.

The person who gets these powers from the Minister can use them as if they were the Minister, as long as they follow any instructions the Minister gives them.

If someone says they're using powers given to them by the Minister, we assume they're allowed to do so unless there's proof they're not.

The Minister can take back these powers at any time, but anything done before that will still count.

Even when the Minister gives these powers to someone else, the Minister can still use the powers themselves if they want to.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM37986.

Topics:

Environment and resources > ConservationGovernment and voting > Government departments

40: Rangers, or

"People who look after national parks and help protect them"

42: Delegation of Director-General's powers and functions, or

"The Director-General can let others do some of their work"

Part 4Administration

41Delegation of Minister's powers and functions

Subject to subsection (2), the Minister may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to the Director-General, or to any other officer or officers of the Department specified by the Minister, either in respect of matters within his jurisdiction generally, or in any particular case or matter, or any particular class of cases or matters, or in respect of any national park or parks.
The Minister shall not delegate—
his powers and functions under sections 7, 10, and 12; or
his power to consent to any action of the Director-General taken under this Act where that consent is required by this Act; or
his power to make bylaws under section 56.

The officer or officers referred to in subsection (1) may be an officer or officers referred to by name or the officer or officers who for the time being and from time to time hold specified positions in the Department.
Subject to any general or special directions given or conditions attached by the Minister, any officer to whom any power or function has been so delegated may exercise that power or perform that function in the same manner and with the same effect as if it had been directly conferred on that officer by this Act and not by delegation.
Every officer purporting to act under any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting within the terms of that delegation.
Any such delegation may at any time be revoked by the Minister in whole or in any part, but that revocation shall not affect in any way anything done under the delegated authority before the revocation.
No such delegation shall prevent the exercise by the Minister himself of any of the powers and functions conferred on him by this Act.