Armed Forces Discipline Act 1971

Summary Appeal Court of New Zealand - Establishment of Summary Appeal Court of New Zealand

123: Registrar may delegate functions, duties, or powers to clerk or officer of Summary Appeal Court

You could also call this:

"The Registrar can share some jobs with court staff."

Illustration for Armed Forces Discipline Act 1971

The Registrar can give some of their jobs to a clerk or another officer of the Summary Appeal Court. You can find out who these officers are by looking at section 121(2). The Registrar cannot give away jobs that the Chief Judge gave them, or the power to give away jobs. The Registrar must write down which jobs they are giving away. They can also say how those jobs should be done. The Registrar can take back the jobs they gave away at any time by writing it down. This does not stop the Registrar from doing the jobs themselves. If the Registrar gives jobs to a clerk or officer, they can do those jobs as if they were given the job directly. If it seems like a clerk or officer is doing a job that was given to them, you can assume they are doing it correctly unless you have evidence that says otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2098420.

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Part 5ASummary Appeal Court of New Zealand
Establishment of Summary Appeal Court of New Zealand

123Registrar may delegate functions, duties, or powers to clerk or officer of Summary Appeal Court

  1. The Registrar may, either generally or particularly, delegate to a clerk or any other officer of the Summary Appeal Court appointed under section 121(2) any of the Registrar’s functions, duties, and powers, except—

  2. any function, duty, or power delegated to the Registrar by the Chief Judge; and
    1. this power of delegation.
      1. A delegation—

      2. must be in writing; and
        1. may be made subject to any restrictions and conditions that the Judge Advocate General or the Registrar thinks fit; and
          1. is revocable at any time, in writing; and
            1. does not prevent the performance or exercise of a function, duty, or power by the Registrar.
              1. A clerk or any other officer of the Summary Appeal Court to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

              2. A clerk or any other officer of the Summary Appeal Court who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

              Notes
              • Section 123: substituted, on , by section 38 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).