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Water Services Act 2021

Miscellaneous provisions

203: Delegations

You could also call this:

"When the boss gives jobs or powers to others"

Illustration for Water Services Act 2021

The chief executive can give some of their jobs or powers to employees of the Water Services Authority. You can do these jobs or use these powers as if they were given to you directly by the law. The chief executive can take back these jobs or powers at any time. The chief executive must write down and sign any jobs or powers they give to someone else. They can also take them back by writing and signing a document. If someone is doing a job or using a power, you can assume they are doing it correctly unless you can prove otherwise. The chief executive is still responsible for what their employees do, even if they give them some of their jobs or powers. If the chief executive leaves their job, the jobs or powers they gave to someone else are still valid. The chief executive cannot give someone else the power to give jobs or powers to others. You can find more information about changes to this law on the New Zealand legislation website. The chief executive must keep doing their own jobs and cannot give all their responsibilities away. They are always in charge of what their employees do, even if they give them some jobs or powers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374947.

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Part 4Miscellaneous provisions

203Delegations

  1. The chief executive may delegate any of the chief executive’s functions or powers under this Act to any employee of the Water Services Authority.

  2. A person to whom any functions or powers are delegated may perform those functions or exercise those 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 (subject to any general or special directions given or conditions imposed by the chief executive).

  3. A delegation under this section—

  4. must be in writing signed by the chief executive; and
    1. is revocable at will in writing signed by the chief executive.

      1. 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.

      2. A delegation does not prevent the chief executive from performing any function or exercising any power or affect the chief executive’s responsibility for the actions of any person acting under the delegation.

      3. If the chief executive ceases to hold office, the delegation continues to have effect as if it were made by the chief executive’s successor in office.

      4. The chief executive must not delegate the power of delegation under this section.

      Notes
      • Section 203(1): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).