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Telecommunications (Interception Capability and Security) Act 2013

Registration, enforcement, and miscellaneous provisions - Registrar and other designated officers

74: Power of designated officer to delegate

You could also call this:

"A person in charge can give some of their tasks to others, but still keep control."

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You can think of a designated officer as someone in charge. They can give some of their jobs to someone else. They can choose which jobs to give away and to whom. They cannot give away the job of giving jobs to others. When a designated officer gives a job to someone else, they must write it down. They can also say how the job should be done and add some rules. The designated officer can take the job back at any time by writing it down. Just because they give a job to someone else, it does not mean they cannot do the job themselves. If someone is given a job, they can do it in the same way as the designated officer. It is like the job was given to them directly by the law. If someone seems to be 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=DLM5178128.

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Part 4Registration, enforcement, and miscellaneous provisions
Registrar and other designated officers

74Power of designated officer to delegate

  1. The Registrar or any other designated officer may delegate to any person, either generally or particularly, any of the Registrar’s or other designated officer's functions, duties, and powers except the power of delegation.

  2. A delegation—

  3. must be in writing; and
    1. may be made subject to any restrictions and conditions the Registrar or designated officer 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 or designated officer.

          1. A person 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 person 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.