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Armed Forces Discipline Act 1971

Investigation and summary trial of charges - General provisions

107: Effect of delegation

You could also call this:

"What happens when someone is given permission to make decisions"

Illustration for Armed Forces Discipline Act 1971

You can think of a delegation like a permission slip. If a subordinate commander gets this permission from a commanding officer under section 106, they can use the powers given to them. They can use these powers as if they were given directly by the law. If someone seems to be acting under this permission, you assume they are, unless you can prove otherwise. A commanding officer can still use their own powers, even if they have given permission to someone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403400.

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Part 5Investigation and summary trial of charges
General provisions

107Effect of delegation

  1. A subordinate commander may exercise the powers delegated under section 106 in the same manner and to the same extent as if they had been conferred on him or her directly by this Act and not by delegation.

  2. A subordinate commander who appears to be acting under a delegation under section 106 is, in the absence of proof to the contrary, presumed to be acting under its terms.

  3. A delegation under section 106 does not prevent a commanding officer from exercising his or her powers to act as a disciplinary officer in relation to charges not otherwise disposed of.

  4. A power delegated under section 106 may be revoked by the commanding officer of the subordinate commander.

Notes
  • Section 107: substituted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).