Civil Aviation Act 2023

Regulations and miscellaneous provisions - Other miscellaneous provisions - Delegations

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

You could also call this:

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

When the Minister delegates functions or powers to the Civil Aviation Authority (CAA), you need to know that the CAA can perform these functions or exercise these powers as if they were given to them directly. The CAA must follow any directions given by the Minister and any conditions imposed by the Minister. If the CAA says it is acting under a delegation from the Minister, you can assume it is acting correctly unless proven otherwise. The CAA cannot delegate any functions or powers given to it by the Minister without the Minister's written consent, which is found in section 458.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS50140.


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458: Delegation of certain functions of Minister to CAA, or

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


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460: Delegation of Director’s functions or powers to employees of CAA, or

"The Director can pass on some jobs or decision-making powers to CAA staff."

Part 10Regulations and miscellaneous provisions
Other miscellaneous provisions: Delegations

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

  1. The CAA may perform any functions or exercise the powers delegated to the CAA under section 458

  2. in the same manner and with the same effect as if they had been conferred on the CAA directly by this section and not by delegation; and
    1. subject to any directions given or conditions imposed by the Minister.
      1. If the CAA purports to act under any delegation under section 458, the CAA must, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

      2. The CAA must not delegate any functions or powers delegated to the CAA by the Minister without the written consent of the Minister.

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