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Constitution Act 1986

The Executive

9C: Delegation of powers of Attorney-General and Solicitor-General

You could also call this:

"The government's top lawyers can pass on some of their tasks to deputies, with some conditions."

Illustration for Constitution Act 1986

The Solicitor-General can give some of their jobs to a Deputy Solicitor-General if the Attorney-General agrees in writing. You can think of the Attorney-General as a very important lawyer who helps the government make big decisions. The Solicitor-General is another important lawyer who helps the Attorney-General. The Solicitor-General can also give some of their own jobs to a Deputy Solicitor-General without needing the Attorney-General's approval, but they cannot give away the power to delegate jobs.

When the Solicitor-General gives a job to a Deputy Solicitor-General, they can take it back if they want to. This means the Attorney-General or Solicitor-General can still do the job themselves even if they gave it to someone else. The Solicitor-General can also say that the Deputy Solicitor-General has to follow certain rules when doing the job.

If a Deputy Solicitor-General is doing a job, you can assume they have the authority to do it, unless someone can prove otherwise. This is part of the Constitution Act 1986, which is a law that helps govern New Zealand, and it was updated by the Constitution Amendment Act 1999.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94227.

Topics:
Government and voting > Government departments
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9B: Appointment of person to act in place of Solicitor-General, or

"The Governor-General can choose a lawyer to fill in for the Solicitor-General if they are away or can't work."

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10: House of Representatives, or

"New Zealand's House of Representatives: a group of elected members who make laws for the country"

Part 2The Executive

9CDelegation of powers of Attorney-General and Solicitor-General

  1. The Solicitor-General may, with the written consent of the Attorney-General, in writing delegate to a Deputy Solicitor-General, any of the functions or duties imposed, or powers conferred, on the Attorney-General.

  2. The Solicitor-General may in writing delegate to a Deputy Solicitor-General any of the functions or duties imposed, or powers conferred, on the Solicitor-General, except for the power to delegate conferred by this subsection.

  3. A delegation is revocable and does not prevent the Attorney-General or the Solicitor-General from performing the function or duty or exercising the power.

  4. A delegation may be made on conditions specified in the instrument of delegation.

  5. The fact that a Deputy Solicitor-General performs a function or duty or exercises a power is, in the absence of proof to the contrary, sufficient evidence of his or her authority to do so.

Notes
  • Section 9C: inserted, on , by section 3 of the Constitution Amendment Act 1999 (1999 No 86).