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Land Transport Act 1998

Administrative provisions - Delegations

207: Delegation of Minister's functions or powers to Agency or Director

You could also call this:

“Minister can let others do some of their land transport jobs”

The Minister can give some of their jobs and powers about land transport to the Agency or Director. This must be done in writing. The Minister can’t give away the power to give away powers.

When the Minister gives powers to the Agency or Director, they have to follow any rules the Minister sets. The Agency or Director can then do these jobs as if they were given to them directly.

If the Agency or Director acts like they have these powers, we assume they’re following the rules unless someone proves otherwise.

Even when the Minister gives away powers, they can still do those jobs themselves. The Minister is still responsible for what happens when someone else uses those powers.

The Minister’s ability to give away powers has some limits. These limits are set by other laws. But the Minister might also have other ways to give away powers that aren’t affected by this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435635.

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Part 14 Administrative provisions
Delegations

207Delegation of Minister's functions or powers to Agency or Director

  1. The Minister may from time to time, either generally or particularly, delegate to the Agency or Director all or any of the Minister's functions and powers under this Act or under any other enactment affecting land transport.

  2. A delegation under this section must be in writing.

  3. No delegation under this section may include the power to delegate under this section.

  4. The power of the Minister to delegate under this section—

  5. is subject to section 160(8) and to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister's functions or powers; but
    1. does not limit a power of delegation conferred on the Minister by any other Act.

      1. Subject to any general or special directions given or conditions imposed by the Minister, the Agency or Director may exercise any functions or powers so delegated to the Agency or Director in the same manner and with the same effect as if they had been conferred on the Agency or Director directly by this section and not by delegation.

      2. If the Agency or Director purports to act under a delegation made under this section, the Agency or Director is, in the absence of proof to the contrary, to be presumed to be acting in accordance with the terms of the delegation.

      3. A delegation under this section does not affect or prevent the performance or exercise of any function or power by the Minister, nor does the delegation affect the responsibility of the appropriate Minister for the actions of a person acting under the delegation.

      Notes
      • Section 207 heading: amended, on , by section 124(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 207 heading: amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
      • Section 207(1): amended, on , by section 124(2) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 207(1): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
      • Section 207(5): amended, on , by section 124(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 207(5): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
      • Section 207(6): amended, on , by section 124(3) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).
      • Section 207(6): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).