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Employment Relations Act 2000

Institutions - Employment Relations Authority

166B: Delegation of Chief of Authority’s functions, duties, or powers

You could also call this:

“The boss of the work problem-solving group can ask someone else to do their job when they're away or busy.”

The Chief of the Employment Relations Authority needs to make sure that someone else can take over their job if they can’t do it. This could be because the Chief is away, sick, or if there’s no Chief at the moment.

To do this, the Chief must give permission (called a delegation) to another member of the Authority. This permission must be written down. The Chief can add rules about what the other person can and can’t do. The Chief can also let this person give some jobs to other members of the Authority. The Chief can take back this permission at any time by writing it down.

When someone is given permission to do the Chief’s job, they can do everything the Chief can do. If someone says they have this permission, people should believe them unless there’s a good reason not to.

Even when the Chief gives someone else permission to do their job, the Chief is still in charge and responsible for what happens. The Chief can still do their own job too.

If the Chief leaves their job, the permission they gave to someone else keeps working until someone takes it away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6408468.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
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166A: Role of Chief of Authority, or

“The person in charge makes sure everything runs smoothly and fairly for workers and bosses”

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167: Appointment of members, or

“The Governor-General chooses people to be part of the Authority when the Minister suggests them.”

Part 10 Institutions
Employment Relations Authority

166BDelegation of Chief of Authority’s functions, duties, or powers

  1. The Chief of the Authority must ensure that an appropriate delegation is at all times in place under this section to enable 1 member of the Authority to act in place of the Chief of the Authority during—

  2. any absence or incapacity of the Chief of the Authority; or
    1. any vacancy in the office of Chief of the Authority.

      1. A delegation under this section—

      2. must be in writing; and
        1. may be made subject to any restrictions and conditions that the Chief of the Authority thinks fit; and
          1. may include a power to subdelegate any function, duty, or power to any other member of the Authority; and
            1. is revocable at any time, by notice in writing.

              1. The person to whom any functions, duties, or powers are delegated under this section may perform or exercise them in the same manner and with the same effect as if they had been conferred on the person directly by this Act and not by delegation.

              2. A person purporting to act under any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

              3. No delegation under this section affects or prevents the performance or exercise of any function, duty, or power by the Chief of the Authority, or affects the responsibility of the Chief of the Authority for the actions of any person acting under the delegation.

              4. A delegation, until it is revoked, continues to have effect according to its terms even if the Chief of the Authority by whom it was made has ceased to hold office.

              Notes
              • Section 166B: inserted, on , by section 67 of the Employment Relations Amendment Act 2014 (2014 No 61).