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Substance Addiction (Compulsory Assessment and Treatment) Act 2017

Subordinate instruments and miscellaneous provisions - Miscellaneous provisions

121: Provisions applying to delegations under section 87 or 89

You could also call this:

"Rules for when someone gives another person a job to do under the law"

Illustration for Substance Addiction (Compulsory Assessment and Treatment) Act 2017

When a delegation is made under section 87 or section 89, this section applies to you. You need to make the delegation in writing and sign it if you are the one making it. The person making the delegation can still do the tasks they delegated to someone else.

If someone is doing a task under a delegation, you assume they are doing it correctly unless you can prove otherwise. A delegation keeps going until it is stopped. If the person who made the delegation is no longer in their role, the delegation still works as if the new person in the role made it.

The person who made the delegation, or the person who replaced them, can stop the delegation at any time by sending a written notice to the person it was delegated to. You can find more information about this in section 87 and section 89.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6609285.

Topics:
Government and voting > Government departmentsHealth and wellbeing > Mental healthHealth and wellbeing > Public health
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120: Ministry must review Act, or

"The government checks if the Substance Addiction Act is working well and writes a report about it."

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122: Consequential amendments and repeal and revocations, or

"Changes to other laws because of the Substance Addiction Act"

Part 3Subordinate instruments and miscellaneous provisions
Miscellaneous provisions

121Provisions applying to delegations under section 87 or 89

  1. This section applies to a delegation made under section 87 or 89.

  2. The maker of a delegation must make it in writing and sign it.

  3. The maker of a delegation is not prevented from exercising or performing, or affected in his or her exercise or performance of, any of the delegated functions, duties, or powers.

  4. Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

  5. A delegation continues in force until it is revoked.

  6. If the maker of a delegation ceases to hold office, the delegation continues to have effect as if made by the successor in office of the maker.

  7. The maker of a delegation, or a successor, may revoke the delegation at any time by written notice to the delegate.