Legislation Act 2019

Parliamentary Counsel Office - Powers of Chief Parliamentary Counsel

133: Delegation of functions, duties, and powers

You could also call this:

"The team leader can give some of their jobs to other team members to help get things done."

The Chief Parliamentary Counsel can give some of their jobs to other employees in the PCO. You can think of the PCO like a big team that helps make laws. The Chief Parliamentary Counsel is like the team leader. They can choose which jobs to give to other team members and they must write it down. The Chief Parliamentary Counsel must make sure someone can do their job if they are away or cannot work. This means the person who gets the job can do it in the same way as the Chief Parliamentary Counsel.

When the Chief Parliamentary Counsel gives a job to someone, that person can do the job as if it was given to them directly. But the Chief Parliamentary Counsel can give directions or conditions that the person must follow. If someone is doing a job that was given to them, you can assume they are doing it correctly unless you can prove otherwise.

The Chief Parliamentary Counsel can give jobs to a specific person or to someone who has a specific role. This does not mean the Chief Parliamentary Counsel cannot do their own job or that they are not responsible for what the other person does. You can find similar information in the Legislation Act 1986.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7298463.


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132: Powers of Chief Parliamentary Counsel, or

"The Chief Parliamentary Counsel's job powers"


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Part 6Parliamentary Counsel Office
Powers of Chief Parliamentary Counsel

133Delegation of functions, duties, and powers

  1. The Chief Parliamentary Counsel—

  2. may, either generally or particularly, delegate in writing to any employee of the PCO any of the functions, duties, and powers of the Chief Parliamentary Counsel, including functions, duties, and powers delegated to the Chief Parliamentary Counsel under any legislation:
    1. must ensure that an appropriate delegation is at all times in place under this section to enable a person to act in place of the Chief Parliamentary Counsel during any absence or incapacity of the Chief Parliamentary Counsel or during any vacancy in the office of Chief Parliamentary Counsel.
      1. The person to whom any functions, duties, or powers are delegated may perform those functions, or exercise those duties or powers, in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

      2. Subsection (2) is subject to any general or special directions given or conditions imposed by the Chief Parliamentary Counsel.

      3. A 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.

      4. A delegation may be made to—

      5. a specified person or persons of a specified class; or
        1. the holder or holders for the time being of a specified position, or of a specified class of positions.
          1. No delegation affects or prevents the exercise of any function, responsibility, duty, or power by the Chief Parliamentary Counsel, or affects the responsibility of the Chief Parliamentary Counsel for the actions of any person acting under the delegation.

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