Plain language law

New Zealand law explained for everyone

Fisheries Act 1996

Performance of services by approved organisations

296C: Effect of transfer of specified functions, duties, or powers

You could also call this:

"What happens when tasks are given to another organisation to do"

Illustration for Fisheries Act 1996

When some tasks are given to an approved organisation, they can do these tasks as if the law said they could. You need to know that the organisation must follow the rules and standards that apply. The organisation is also responsible for making sure the tasks are done correctly. If a task is given to an organisation, the chief executive cannot do that task while the organisation is responsible for it. The organisation can do its tasks by itself or by working with other groups or people. The rules about transferring tasks to an organisation apply even if other laws, like the Commerce Act 1986, say something different. The organisation must follow any directions given by the Minister under section 296Q or section 296B.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399512.

Topics:
Government and voting > Government departmentsBusiness > Industry rules
Previous

296B: Transfer of specified functions, duties, or powers to approved service delivery organisations, or

"The Government can give some jobs to approved organisations that can do them well."

Next

296D: Minister must require payment of bond, or

"The Minister needs organisations to pay a bond to cover transfer costs to the Crown."

Part 15APerformance of services by approved organisations

296CEffect of transfer of specified functions, duties, or powers

  1. On and from the date specified for the purpose in the relevant order under section 296B,—

  2. an approved service delivery organisation has the specified functions, duties, and powers under the relevant provisions of this Act specified in the order, and may perform or exercise those functions, duties, or powers as if they had been conferred or imposed on the organisation directly by the relevant enactment; and
    1. references to the chief executive (however expressed) in the provisions of this Act specified in the order must be read as references to the approved service delivery organisation.

      1. An approved service delivery organisation is responsible to the Minister for ensuring that the specified functions, duties, or powers transferred to the organisation are performed or exercised in accordance with—

      2. all applicable standards and specifications; and
        1. all applicable directions given by the Minister under section 296Q.

          1. The chief executive must not perform or exercise, and is not responsible for the performance or exercise of, any specified function, duty, or power that is transferred to an approved service delivery organisation by an order made under section 296B while the order is in force.

          2. Subsections (1) to (3) apply despite anything in the Commerce Act 1986.

          3. An approved service delivery organisation may perform or exercise its functions, duties, and powers—

          4. by its own employees; or
            1. by entering into an agreement or arrangement with any other agency or any other instrument of the Crown or any corporation sole, body of persons (whether corporate or unincorporated), or individual.

              Notes
              • Section 296C: inserted, on , by section 65 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
              • Section 296C(1)(a): amended, on , by section 23 of the Fisheries Amendment Act 2022 (2022 No 56).
              • Section 296C(1)(b): amended, on , by section 23 of the Fisheries Amendment Act 2022 (2022 No 56).