Parliament Act 2025

Clerk and Office of the Clerk - Clerk - Deputy Clerk

108: Deputy Clerk may perform Clerk’s functions, duties, and powers

You could also call this:

"The Deputy Clerk can do the Clerk's job if they are away or can't work."

You can think of the Deputy Clerk as a backup for the Clerk. If the Clerk's job is empty or the Clerk is away and cannot work, the Deputy Clerk can do the Clerk's job. The Deputy Clerk can do the Clerk's tasks and make decisions like the Clerk. If the Deputy Clerk does something the Clerk would normally do, it is proof that they are allowed to do it. This is also true if the Deputy Clerk does something because of section 107. You can see how this rule has changed over time by looking at older versions of the law, such as the one mentioned in 1986 legislation. The Deputy Clerk has the power to act as the Clerk in certain situations. This means they can perform tasks and make decisions on behalf of the Clerk. You can find more information about how this rule works by reading the rest of the Parliament Act 2025.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS803913.

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

Topics:

Government and voting > Government departments

107: Functions, duties, and powers of Deputy Clerk, or

"The Deputy Clerk's jobs and responsibilities in the House of Representatives"

109: Speaker may appoint acting Clerk, or

"The Speaker can choose a temporary Clerk if the usual one is not available."

Part 5Clerk and Office of the Clerk
Clerk: Deputy Clerk

108Deputy Clerk may perform Clerk’s functions, duties, and powers

This section applies if—
the office of Clerk is vacant; or
the Clerk is absent from duty (for whatever reason) and is unable to—
1. perform the functions and duties or exercise the powers conferred or imposed on them by law or by the rules and practice of the House of Representatives; or
2. delegate them to another person.

The Deputy Clerk may perform the functions and duties and exercise the powers of the Clerk.
If the Deputy Clerk performs a function or duty or exercises a power of the Clerk under this section or section 107, the performance of the function or duty or the exercise of the power is conclusive evidence that the Deputy Clerk is authorised to perform that function or duty or exercise that power.

Compare

1988 No 126 s 5(2), (3)