National Parks Act 1980

Administration

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

You could also call this:

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

The Director-General can give some of their powers and jobs to other people who work in their department. This means these other people can do some of the Director-General's work. The Director-General can choose who gets these powers and for what specific tasks or areas.

If the Minister has given the Director-General some powers, the Director-General can't pass these on to others unless the Minister says it's okay in writing.

The Director-General can give powers to specific people by name, or to anyone who has a certain job in the department.

When someone is given these powers, they can use them as if they were the Director-General. They just need to follow any rules the Director-General sets.

If you see someone using these powers, you can assume they're allowed to unless someone proves otherwise.

The Director-General can take back these powers at any time, but anything done before that still counts.

Even when the Director-General gives powers to others, they can still use those 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=DLM37987.

Topics:

Government and voting > Government departmentsEnvironment and resources > Conservation

41: Delegation of Minister's powers and functions, or

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

43: Parks to be administered by Department, or

"The Department looks after national parks and makes sure people can enjoy them while protecting nature"

Part 4Administration

42Delegation of Director-General's powers and functions

Subject to subsection (2), the Director-General may from time to time delegate any of his powers and functions under this Act (except this power of delegation) to any officer or officers of the Department specified by him, 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 Director-General shall not delegate any powers delegated to him by the Minister without the written consent of the Minister.
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 Director-General, 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 they had been conferred on him directly by this section 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 in accordance with the terms of that delegation.
Any such delegation may at any time be revoked by the Director-General 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 Director-General himself of any of the powers and functions conferred on him by this Act.