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Parliament Bill

Clerk and Office of the Clerk - Clerk - Appointment, functions, duties, powers, and delegations

105: Delegation of Clerk’s functions, duties, or powers

You could also call this:

"The Clerk can give some of their jobs to other people to help run the House of Representatives."

You can think of the Clerk as a person who helps run the House of Representatives. The Clerk can give some of their jobs to other people. These people can be officers of the House, the chief executive, employees of the Parliamentary Service, or contractors working for a parliamentary agency. The Clerk can give them jobs that they were given by this Act or other laws. The Clerk can give these jobs to a specific person or a group of people. They can also give jobs to people who hold a specific office. The Clerk must write down when they give someone a job. You cannot give someone the power to give jobs to others. If someone is given a job, they can do it as if they were given the job directly by the law. The Clerk can also add conditions to the jobs they give to people. If someone is doing a job they were given, you should assume they are doing it correctly unless you can prove otherwise.

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This page was last updated on 9 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS803902.

Topics:

Government and voting > Government departments

104: Clerk requires approval of Minister of Finance to undertake certain financial activities, or

"The Clerk needs the Minister of Finance's approval to make big financial decisions."

106: Status of delegations, or

"What happens to jobs given to others by the Clerk"

Part 5Clerk and Office of the Clerk
Clerk: Appointment, functions, duties, powers, and delegations

105Delegation of Clerk’s functions, duties, or powers

The Clerk may delegate any function, duty, or power of the Clerk to a person holding any of the following positions:
an officer of the House:
the chief executive:
an employee of the Parliamentary Service:
a person working for a parliamentary agency as a contractor or secondee.

The functions, duties, and powers that the Clerk may delegate include functions, duties, and powers delegated to the Clerk under this Act or other legislation or the rules and practice of the House of Representatives.
The delegation—
may be made to—
1. a specified person or a specified class of persons; or
2. the holder or holders for the time being of a specified office or specified class of offices; and
must be in writing.

The Clerk must not delegate the power to delegate under this section.
A person who is delegated a function, duty, or power under this section may perform that function or duty or exercise that power in the same manner and with the same effect as if it had been conferred or imposed on the person directly by this Act or other legislation or the rules and practice of the House of Representatives.
The Clerk may impose conditions on the performance of a function or duty or exercise of a power delegated under subsection (1).
A person acting under a delegation under this section must, in the absence of proof to the contrary, be presumed to be acting within the terms of the delegation.