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Parliament Bill

Parliamentary Service and other parliamentary bodies - Parliamentary Service - Chief executive: appointment, functions, duties, powers, and delegations

128: Delegation of chief executive’s functions, duties, or powers

You could also call this:

"The boss can give some of their tasks to other people to do."

Illustration for Parliament Bill

The chief executive can give some of their jobs to other people. You can be given these jobs if you are an employee of the Parliamentary Service, the Clerk, another officer of the House, or a contractor or secondee for a parliamentary agency. The chief executive can give you jobs that they were given under this Act or other laws. The chief executive can choose who to give these jobs to, like a specific person or a group of people. They can also give jobs to the person who currently holds a certain office. The chief executive must write down who they are giving the jobs to. The chief executive cannot give someone the power to give jobs to others. If you are given a job, you can do it in the same way as if you were given the job directly by the law. The chief executive can also add conditions to the jobs they give you. If someone is doing a job they were given, they are presumed to be doing it correctly unless proven otherwise.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS803943.

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127: Chief executive’s functions, duties, and powers, or

"The chief executive's role and responsibilities in leading the Parliamentary Service"

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129: Status of delegations, or

"What happens when a chief executive gives someone a job to do"

Part 6Parliamentary Service and other parliamentary bodies
Parliamentary Service: Chief executive: appointment, functions, duties, powers, and delegations

128Delegation of chief executive’s functions, duties, or powers

  1. The chief executive may delegate any function, duty, or power of the chief executive to a person holding any of the following positions:

  2. an employee of the Parliamentary Service:
    1. the Clerk:
      1. any other officer of the House:
        1. a person working for a parliamentary agency as a contractor or secondee.

          1. The functions, duties, and powers that the chief executive may delegate include functions, duties, or powers delegated to the chief executive under this Act or other legislation.

          2. The delegation—

          3. may be made to—
            1. a specified person or to a specified class of persons; or
              1. the holder or holders for the time being of a specified office or specified class of offices; and
              2. must be in writing.

                1. The chief executive must not delegate the power to delegate under this section.

                2. 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 they had been conferred or imposed on the person directly by this Act or other legislation.

                3. The chief executive may impose conditions on the performance of a function or duty or exercise of a power delegated under subsection (1).

                4. 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.