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Offshore Renewable Energy Bill

Administration and enforcement - Administration - Chief executive

98: Delegation of functions by Minister

You could also call this:

"The Minister can pass some of their tasks to the chief executive, with some limits."

Illustration for Offshore Renewable Energy Bill

The Minister can give some of their jobs to the chief executive. You need to know the Minister can't give the chief executive the job of deciding to reject a permit application if it's a risk to national security or public order. The Minister also can't give the chief executive the power to delegate jobs to others.

The chief executive can give some of their jobs to others if the Minister gave those jobs to them. They have to follow the rules in the Public Service Act 2020 when they do this. The chief executive is following rules from the Public Service Act 2020 when they give jobs to others.

The Minister or chief executive can take back a job they gave to someone else. They have to follow the rules in the Public Service Act 2020 when they take back a job. You can find these rules in clauses 4 or 6 of Schedule 6 of the Public Service Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992271.

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Part 4Administration and enforcement
Administration: Chief executive

98Delegation of functions by Minister

  1. The Minister may, either generally or particularly, delegate to the chief executive, in accordance with clause 5 of Schedule 6 of the Public Service Act 2020, any of the Minister’s functions, duties, or powers under this Act other than—

  2. a decision under section 18(2) or 28(2) to reject an application for a permit on the grounds that granting a permit would or could pose a significant risk to national security or public order; and
    1. this power of delegation.

      1. The chief executive may, in accordance with clauses 2 and 3 of Schedule 6 of the Public Service Act 2020, subdelegate any function, duty, or power delegated to the chief executive by the Minister in accordance with subsection (1).

      2. Any delegation or subdelegation made under this section may be revoked in accordance with clause 4 or 6 of Schedule 6 of the Public Service Act 2020, as the case may be.