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Environment Act 1986

Parliamentary Commissioner for the Environment - Functions and powers

22: Delegation of functions and powers

You could also call this:

"The Commissioner can share their jobs and powers with others, but still keeps control."

Illustration for Environment Act 1986

The Commissioner can give some of their jobs and powers to other people. You can go to the Commissioner's office to see the papers that say who has been given these jobs and powers. The Commissioner cannot give away the power to delegate jobs and powers to others. The Commissioner can give jobs and powers to a specific person, a group of people, or someone with a certain title. When someone is given a job or power, they can do it in the same way as the Commissioner. If the Commissioner or their delegate tells someone about a decision, they must say who made the decision and where you can see the papers. The Commissioner can take back a job or power they gave to someone at any time, but they must tell the person first. The Commissioner can still do a job or use a power even if they gave it to someone else. If the Commissioner leaves their job, the person who takes over will have the same powers as the old Commissioner.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM99755.

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Part 1Parliamentary Commissioner for the Environment
Functions and powers

22Delegation of functions and powers

  1. The Commissioner may from time to time, either generally or in respect of a specified matter or class of matters and subject to such conditions and restrictions as the Commissioner thinks fit, by writing, delegate any of the Commissioner's functions and powers to an officer or employee of the Commissioner.

  2. The Commissioner shall keep at the Commissioner's office a copy of every instrument by which a delegation under subsection (1) is effected, and shall permit any person to inspect that instrument.

  3. Notwithstanding subsection (1), the Commissioner shall not delegate the following powers or functions:

  4. the power of delegation conferred by that subsection; or
        1. the power to act as a commission of inquiry under section 16(2); or
          1. the function of reporting to the House of Representatives.

            1. Any delegation under this section may be made to—

            2. a specified person; or
              1. a person of a specified class; or
                1. the holder for the time being of a specified office or appointment; or
                  1. the holders for the time being of offices or appointments of a specified class.

                    1. Subject to any general or special directions given or conditions or restrictions imposed by the Commissioner, the person to whom any functions and powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

                    2. Where the Commissioner or any delegate of the Commissioner uses a written document to inform any other person of action taken by a delegate of the Commissioner, that written document—

                    3. shall state that the action was taken by a delegate of the Commissioner; and
                      1. shall give the delegate's name and office; and
                        1. shall inform that other person that a copy of the instrument of delegation may be inspected at the office of the Commissioner.

                          1. Every delegation under this section shall be revocable at will, but any such revocation shall not take effect until it has been communicated to the delegate.

                          2. A delegation under this section shall not prevent the performance or exercise of any function or power by the Commissioner.

                          3. Until any such delegation is revoked, it shall continue in force according to its tenor. If the Commissioner by whom it was made ceases to hold office, it shall continue to have effect as if made by the Commissioner's successor.

                          Notes
                          • Section 22(3)(b): repealed, on , by section 5 of the Environment Amendment Act 1996 (1996 No 11).
                          • Section 22(3)(c): repealed, on , by section 5 of the Environment Amendment Act 1996 (1996 No 11).