Ombudsmen Act 1975

Miscellaneous provisions

28: Delegation of powers by Ombudsman

You could also call this:

"The Ombudsman can share some of their jobs with others, but still stay in charge."

The Ombudsman can give some of their powers to someone who works under them. They do this by writing it down and signing it. The Ombudsman cannot give away their power to delegate or to make reports. You can think of delegation like a teacher giving a task to a student, the teacher is still in charge but the student is helping with the task. The Ombudsman can choose who to give their powers to, such as a specific person or someone with a specific job.

The Ombudsman can take back the powers they gave away at any time. Just because they gave some powers away, it does not mean they cannot use those powers themselves. The Ombudsman can also add some rules or conditions to the powers they give away. They can give away powers for a specific case or for all cases.

If the Ombudsman who gave away their powers leaves their job, the powers they gave away will still be valid, like they were given by the new Ombudsman. The person who got the powers must show proof that they have the authority to use those powers when asked to do so. This is like showing a permission slip to prove you are allowed to do something.

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This page was last updated on 18 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM431185.

Topics:

Government and voting > Government departments

27: Power of entry on premises, or

"The Ombudsman can visit certain places to check if they are doing things correctly."

28A: Protection of name, or

"Only authorised people can use the name 'Ombudsman' for their job or business"

28Delegation of powers by Ombudsman

Any Ombudsman may from time to time, by writing under his hand, delegate to any person holding any office under him any of his powers under this Act, except this power of delegation and the power to make any report under this Act.
Any delegation under this section may be made to a specified person or to the holder for the time being of a specified office or to the holders of offices of a specified class.
Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by an Ombudsman.
Any such delegation may be made subject to such restrictions and conditions as the Ombudsman thinks fit, and may be made either generally or in relation to any particular case or class of cases.
Until any such delegation is revoked, it shall continue in force according to its tenor. In the event of the Ombudsman by whom it was made ceasing to hold office, it shall continue to have effect as if made by his successor.
Any person purporting to exercise any power of an Ombudsman by virtue of a delegation under this section shall, when required to do so, produce evidence of his authority to exercise the power.

Compare

1962 No 10 s 24

Notes

Section 28(1): amended, on 2 September 1996, by section 3 of the Ombudsmen Amendment Act 1996 (1996 No 137).