Parliament Act 2025

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

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

You could also call this:

"The Clerk can share their jobs with 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 under this Act or other laws. The Clerk can give jobs to a specific person or a group of people, or to someone who holds a certain office. The Clerk must write down the jobs they are giving to someone else. You cannot give the job of giving jobs to someone else. If the Clerk gives a job to someone, that person can do the job as if they were given it directly. The Clerk can also add conditions to the jobs they give to someone else. If someone is doing a job that was given to them, you should assume they are doing it correctly unless you can prove otherwise. You can compare this to a similar law from 1988, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135677. The Clerk has a lot of responsibility and can share some of that with other people. This helps make sure everything runs smoothly in the House of Representatives.

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

This page was last updated on 25 December 2025 — View changes

Topics:

Government and voting > Government departments

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

"The Clerk must get the Minister of Finance's okay to do big financial deals."

105: Status of delegations, or

"What happens to jobs or tasks the Clerk gives to others"

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

104Delegation 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.

Compare

1988 No 126 s 12(1)–(4)