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Civil Aviation Act 2023

Regulations and miscellaneous provisions - Other miscellaneous provisions - Delegations

458: Delegation of certain functions of Minister to CAA

You could also call this:

"The Minister can pass some of their tasks to the CAA in writing, but they are still in charge."

The Minister can give some of their jobs to the CAA. This includes helping with New Zealand's part in international aviation agreements. You need to know the Minister can only do this in writing. The Minister cannot give the CAA the power to give jobs to others.

The Minister still has to keep some jobs, like making rules under this Act. When the Minister gives jobs to the CAA, they have to follow any rules from other Acts. This does not stop the Minister from giving jobs to others if another Act says they can.

Even if the Minister gives a job to the CAA, the Minister is still responsible for what happens. The Minister can still do any job they gave to the CAA. You can find more information about this by looking at the Civil Aviation Act 1990 and other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50139.

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459: Further provisions regarding delegation of Minister’s functions or powers to CAA, or

"Rules for when the Minister gives jobs to the Civil Aviation Authority"

Part 10Regulations and miscellaneous provisions
Other miscellaneous provisions: Delegations

458Delegation of certain functions of Minister to CAA

  1. The Minister may delegate to the CAA the whole or any part of the Minister’s function of administering New Zealand’s participation in the Convention and any other international aviation convention, agreement, or understanding to which New Zealand is a party.

  2. A delegation under this section must be in writing.

  3. A delegation under this section must not include the power to delegate under this section.

  4. Despite subsection (1), the Minister must not delegate the Minister’s power to make rules under this Act.

  5. The power of the Minister to delegate under this section—

  6. is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister’s functions or powers; but
    1. does not limit any power of delegation conferred on the Minister by any other Act.

      1. Despite any delegation made under this section, nothing—

      2. affects or prevents the Minister’s performance of any function or the exercise of any power that the Minister has delegated; and
        1. affects the responsibility of the Minister for the actions of any person acting under the delegation.

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