Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Emergency Management Bill (No 2)

Emergency management system role-holders - National role-holders - Delegation by Director-General

22: Provisions relating to delegation of Director-General’s functions

You could also call this:

"Rules for when the Director-General gives someone a job to do"

Illustration for Emergency Management Bill (No 2)

If the Director-General gives someone a job to do, you assume they are doing it correctly unless someone proves otherwise. The Director-General can take back a job they gave someone at any time by writing to them. The Director-General can still do the job themselves, even if they gave it to someone else. If the Director-General changes, the person they gave the job to can still keep doing it. The person doing the job can do it in the same way as the Director-General, except if the Director-General gave them special instructions. Just because someone is doing a job for the Director-General, it does not mean they work for the government. The Director-General can give jobs to people under sections like section 19, 20, or 21. These jobs can be taken back and the Director-General can still do them. Some jobs, like those given to a National Controller under section 19(2) or a National Recovery Manager under section 20(2), are different. You should look at laws like the Public Service Act 2020 and the Government Superannuation Fund Act 1956 to see how they apply to people doing jobs for the Director-General.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1033366.

This page was last updated on — View changes

Topics:
Government and voting > Government departmentsWork and jobs > Job licenses
Previous

21: Delegation of powers of Director-General, or

"The Director-General can give some of their jobs to other employees."

Next

23: Emergency Management Committees, or

"Groups that help in emergencies will keep working and follow special rules."

Part 2Emergency management system role-holders
National role-holders: Delegation by Director-General

22Provisions relating to delegation of Director-General’s functions

  1. A person purporting to act under any delegation under section 19, 20, or 21 is presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

  2. A delegation under any of those sections—

  3. may be revoked in writing at will:
    1. does not prevent the Director-General from exercising any function, duty, or power:
      1. continues according to its tenor until it is revoked, despite any change in the person holding office as Director-General.

        1. Subsection (2)(b) does not apply in relation to functions, duties, and powers delegated to—

        2. a National Controller under section 19(2); or
          1. a National Recovery Manager under section 20(2).

            1. A delegate may perform or exercise the delegated functions and powers in the same manner and with the same effect as if they had been conferred directly and not by delegation, except to the extent that any general or special directions given or conditions attached by the Director-General apply.

            2. A person to whom functions, duties, and powers are delegated under any of those sections is not, just because of the delegation, to be treated as employed in the service of the Crown for the purposes of—

            3. the Public Service Act 2020; or
              1. the Government Superannuation Fund Act 1956.

                Compare
                • 2002 No 33 ss 11(5), 11B(5), 105(3), (5), (6)