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Fisheries Act 1996

Fisheries administration - Administration generally

294: Use of outside agencies in performance of functions under Act

You could also call this:

"How the chief executive works with other agencies to do their job"

Illustration for Fisheries Act 1996

The chief executive can do their job in two ways. They can use their own employees or work with another agency. You need to know that the chief executive thinks about a few things before deciding how to do their job. They think about whether their employees can do the job better. The chief executive also thinks about keeping important knowledge inside the Ministry. They consider whether working with another agency will stop them from doing their job properly. You should know that the chief executive looks at the good and bad points of different options. The chief executive can set standards for contracts after talking to the Minister. They can change or cancel these standards after talking to the Minister and the other party. The chief executive is still responsible for doing their job, even if they work with another agency. The chief executive cannot let another party do certain jobs that are only for fishery officers. This is unless the other party is an agency of the Crown or another instrument of the Crown. You can find more information about the changes to this section in the Fisheries Act 1996 Amendment Act 1999 and the Fisheries Amendment Act (No 3) 2004 and the Fisheries Amendment Act 2022.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399395.

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Part 15Fisheries administration
Administration generally

294Use of outside agencies in performance of functions under Act

  1. The chief executive may perform his or her functions, duties, and powers,—

  2. by his or her own employees; or
    1. by entering into an arrangement or contract with any other agency or any other instrument of the Crown or any corporation sole, body of persons (whether corporate or unincorporate), or individual.

      1. Before deciding to perform any function, duty, or power by an arrangement or contract under subsection (1), the chief executive shall take into account the following matters:

      2. whether the function, duty, or power might be more efficiently provided by the chief executive's own employees:
        1. the desirability of retaining institutional knowledge within the Ministry:
          1. whether entering into such an arrangement or contract will limit the chief executive's ability to adequately meet his or her statutory obligations.

            1. In deciding how to perform any function, duty, or power under subsection (1)(b), the chief executive shall give due consideration to the advantages and disadvantages of different options.

            2. Before entering into any arrangement or contract under subsection (1)(b), the chief executive may, after consultation with the Minister, set contract standards and contract specifications or both which shall be complied with by the other party to the arrangement or contract.

            3. The chief executive may, after consultation with the Minister and the other party to the arrangement or contract, amend or revoke contract standards and contract specifications set under subsection (4).

            4. No arrangement or contract under subsection (1)(b) between the chief executive and any other party (other than an agency of the Crown or other instrument of the Crown) may provide for that other party (or person acting on behalf of that other party) to perform or exercise any power that is conferred or imposed on fishery officers (other than honorary fishery officers or examiners) by or under this Act.

            5. Nothing in this section or in any arrangement or contract entered into under the authority of this section relieves the chief executive of the obligation to perform or ensure the performance of any function, duty, or power imposed on the chief executive by this Act or any other Act.

            Notes
            • Section 294(4): amended, on , by section 64(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 294(4A): inserted, on , by section 52 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
            • Section 294(5): substituted, on , by section 64(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
            • Section 294(5): amended, on , by section 23 of the Fisheries Amendment Act 2022 (2022 No 56).