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Racing Industry Act 2020

Offshore betting charges and other matters - Offshore betting charges - Designated authority

109: Delegation

You could also call this:

“The boss can share some work with others, but keeps important decisions”

The chief executive of the Department can give some of their jobs and powers to other people or groups. These could be TAB NZ, a racing code, a Crown entity, another department, or anyone else they think is suitable. When deciding who to give these jobs to, the chief executive needs to think about whether the person or group knows enough about offshore betting operators and if there might be any conflicts of interest.

There are some things the chief executive can’t give away. They can’t let someone else decide who to give jobs to, and they can’t let someone else review decisions about penalty notices.

If you’re given a job by the chief executive, you can do it just as if you were the Department itself. People will assume you’re doing the job properly unless there’s proof that you’re not.

The chief executive can put conditions on the jobs they give away. They can also take the job back at any time by writing a note. Even if the chief executive gives a job to someone else, the Department can still do that job too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS342252.

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108: Functions and powers of designated authority, or

"The designated authority manages betting charges and penalties"

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110: Requirements on offshore betting operators before using New Zealand racing and sporting information, or

"Rules for using NZ racing and sports info in overseas betting"

Part 5 Offshore betting charges and other matters
Offshore betting charges: Designated authority

109Delegation

  1. The chief executive of the Department may delegate in writing any 1 or more of the Department’s functions or powers as the designated authority under this subpart to—

  2. TAB NZ:
    1. a racing code:
      1. a Crown entity (as defined in section 7 of the Crown Entities Act 2004):
        1. another department:
          1. any other person that the chief executive thinks fit.

            1. In deciding whether to delegate any functions or powers under this section, the chief executive must take into account whether—

            2. the person or entity has the knowledge of, or existing relationships with, offshore betting operators that is necessary to perform the functions or exercise the powers that the Department proposes to delegate; and
              1. any conflict of interest or potential conflict of interest would be created by the proposed delegation.

                1. A delegation must not include—

                2. the power to delegate under this section:
                  1. the power to review a decision to issue a penalty notice under section 112(4)(b) or 116(4)(b).

                    1. A person or entity to whom any functions or powers have been delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred on the person or entity directly by this Act and not by delegation.

                    2. A person or entity purporting to act under a delegation is, in the absence of evidence to the contrary, presumed to be acting in accordance with the terms of the delegation.

                    3. A delegation under this section—

                    4. may be subject to any conditions that the chief executive thinks fit:
                      1. is revocable at any time, by notice in writing:
                        1. does not prevent the Department from performing the function or exercising the power.

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