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Inspector-General of Defence Act 2023

Miscellaneous provisions and consequential amendments - Advisors and staff

52: Delegations

You could also call this:

"The Inspector-General can assign some tasks to employees, while still being in charge."

Illustration for Inspector-General of Defence Act 2023

The Inspector-General can give some of their jobs to employees. You can find out about these employees in section 51. The Inspector-General cannot give away the power to make these job assignments. The Inspector-General must write down the jobs they give to employees. When the Inspector-General gives a job to an employee, the employee can do the job in the same way as the Inspector-General. This means the employee has the same powers and limits as the Inspector-General when doing the job. If the Inspector-General gives a job to an employee, the employee is presumed to be doing the job correctly. The Inspector-General is still responsible for the employee's actions and can still do the job themselves. The Inspector-General's responsibility is not affected when they give a job to an employee, and they can still do the job if they want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS767854.

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Part 6Miscellaneous provisions and consequential amendments
Advisors and staff

52Delegations

  1. The Inspector-General may, either generally or particularly, delegate functions of the Inspector-General to employees appointed under section 51.

  2. However, the Inspector-General must not delegate the power under this section to make delegations.

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

  4. Subject to any general or special directions given, or conditions imposed, by the Inspector-General,—

  5. an employee to whom a function is delegated under this section may perform the delegated function in the same manner, subject to the same restrictions, and with the same effect as if it were performed by the Inspector-General; and
    1. accordingly, a reference in any of the following provisions to the Inspector-General, in relation to the delegated function or anything done or omitted to be done in the performance of, or otherwise in connection with, the delegated function, includes a reference to the employee unless the context otherwise requires:
      1. sections 9 and 10:
        1. Parts 3 to 5:
          1. a provision of this Part other than this section.

          2. The employee must, in the absence of evidence to the contrary, be presumed to be acting within the terms of the delegation.

          3. The delegation does not affect or prevent the performance of the delegated function by the Inspector-General or affect the Inspector-General’s responsibility for the actions of the employee.