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Intelligence and Security Act 2017

Authorisations - Commissioners of Intelligence Warrants

116: Delegation of functions of Chief Commissioner of Intelligence Warrants

You could also call this:

"When the Chief Commissioner is away, someone else can do their job"

Illustration for Intelligence and Security Act 2017

The Chief Commissioner of Intelligence Warrants is a person who has important jobs to do. You need someone to replace them if they are away or cannot work. The Chief Commissioner must choose another Commissioner to be their delegate. This delegate can do the Chief Commissioner's jobs when they are away or cannot work.

The Chief Commissioner must write down that they have chosen a delegate. They can change their mind and remove the delegate at any time by writing a notice. The delegate can do the Chief Commissioner's jobs in the same way as the Chief Commissioner.

If someone says they are acting as a delegate, you assume they are telling the truth unless you can prove otherwise. Even if the Chief Commissioner leaves their job, the delegate can still do their jobs until the Chief Commissioner 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=DLM7118972.

Topics:
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115: Additional functions of Chief Commissioner of Intelligence Warrants, or

"The Chief Commissioner's extra jobs: overseeing intelligence warrants and approvals"

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117: Administrative provisions relating to Commissioners, or

"Rules for Intelligence and Security Commissioners"

Part 4Authorisations
Commissioners of Intelligence Warrants

116Delegation of functions of Chief Commissioner of Intelligence Warrants

  1. The Chief Commissioner of Intelligence Warrants (the Chief Commissioner) must ensure that an appropriate delegation is at all times in place under this section to enable another Commissioner of Intelligence Warrants (a delegate) to act in place of the Chief Commissioner during—

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

      1. A delegation under this section—

      2. must be in writing; and
        1. is revocable at any time, by notice in writing.

          1. A delegate may perform the functions of the Chief Commissioner in the same manner and with the same effect as if those functions had been conferred directly on him or her by this Act.

          2. A delegate who purports to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the delegation.

          3. A delegation, until it is revoked, continues to have effect even if the Chief Commissioner by whom it was made ceases to hold office.