Arms Act 1983

Miscellaneous provisions - Other miscellaneous provisions

72: Delegation of powers by Commissioner

You could also call this:

"The boss of police can share some of their jobs with other senior police officers."

Illustration for Arms Act 1983

The Commissioner can give some of their powers to a police officer with a rank of inspector or higher. You can think of the Commissioner as a boss who can share some of their jobs with other people. The Commissioner can choose which powers to give away and to whom. The person getting these powers is assumed to be using them correctly unless someone proves otherwise. The Commissioner can take back these powers at any time and still use them themselves. The Commissioner can give powers to a specific police officer or to a group of officers with a certain rank. If the Commissioner who gave away some powers leaves their job, the powers they gave away will still be valid as if the new Commissioner gave them. If the Commissioner takes back the powers they gave away, it will not change anything that was done while the powers were given away. You can find more information about changes to this law in the Policing Act 2008. The powers given away will keep working until the Commissioner takes them back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM73360.

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Part 9Miscellaneous provisions
Other miscellaneous provisions

72Delegation of powers by Commissioner

  1. The Commissioner may from time to time, by writing under his hand, either generally or particularly, delegate to such member or members of the Police of a level of position not less than inspector, as he thinks fit, all or any of his powers under this Act.

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

  3. Subject to subsection (1), any delegation under this section may be made to a specified member of the Police or to members of the Police of a specified level of position or class, or may be made to the holder or holders for the time being of a specified office or class of offices.

  4. Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Commissioner.

  5. Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Commissioner by whom it was made may have ceased to hold office, and shall continue to have effect as if made by the successor in office of the Commissioner.

  6. The revocation of any such delegation shall not affect in any way anything done under the delegated authority.

Notes
  • Section 72(1): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
  • Section 72(3): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).