Version as at
1 July 2024
Crown Entities Act 2004
Part 2 s 76
(2)
Subsection (1) does not apply to any functions or powers specified in the
entity’s Act as not being capable of delegation.
(3)
Subsection (1)(f) does not apply to any of the statutory entity’s statutorily
independent functions.
(4)
The board must not delegate the general power of delegation.
Compare: 1988 No 20 ss 28, 41(1); 1993 No 105 s 130
74
Powers of delegate
(1)
A delegate to whom any functions or powers of a statutory entity or board are
delegated—
(2)
(a)
may, unless the delegation provides otherwise, perform the function or
exercise the power in the same manner, subject to the same restrictions,
and with the same effect as if the delegate were the entity or the board;
and
(b)
may delegate the function or power only—
(i)
with the prior written consent of the board; and
(ii)
subject to the same restrictions, and with the same effect, as if the
subdelegate were the delegate.
A delegate who purports to perform a function or exercise a power under a
delegation—
(a)
is, in the absence of proof to the contrary, presumed to do so in accord‐
ance with the terms of that delegation; and
(b)
must produce evidence of his or her authority to do so, if reasonably
requested to do so.
Compare: 1988 No 20 s 41(2), (3), (4)
75
Effect of delegation on entity or board
No delegation in accordance with this Act or the entity’s Act—
(a)
affects or prevents the performance of any function or the exercise of
any power by the entity or the board; or
(b)
affects the responsibility of the board for the actions of any delegate
acting under the delegation; or
(c)
is affected by any change in the membership of the board or of any
committee or class of persons or by any change in an office holder, chief
executive, or employee.
Compare: 1988 No 20 ss 41(7), 42(2)
76
Revocations of delegations
(1)
A delegation under section 73 may be revoked at will by—
(a)
resolution of the board and written notice to the delegate; or
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