Delegation Legislation and Procedure

Delegation

(1) A board may, by resolution and in writing either generally or specifically, delegate any of the functions or powers of the board or of a board member to any of the following persons:

(a) a board member or members:

(b) the principal or any other employee or office holder of the board:

(c) a committee consisting of at least 2 persons at least 1 of whom is a board member:

(d) a person approved by the Minister:

(e) any class of persons that comprises any of the persons listed in paragraphs (a) to (d).

(2) Subclause (1) does not apply to any functions or powers specified in the Act as not being capable of delegation.

(3) The board must not delegate the general power of delegation.

Effect of delegation

(4) A person to whom any function or power is delegated may perform the function or exercise the power in the same manner and with the same effect as if the person were the board or board member (subject to any restrictions or conditions imposed by the board).

(5) A person purporting to act under a delegation—

(a) is, in the absence of proof to the contrary, presumed to be acting in accordance with the delegation; and

(b) must produce evidence of the person’s authority to do so if reasonably requested to do so.

Subdelegation

(6) A person to whom any function or power is delegated may delegate that function or power only—

(a) with the prior written consent of the board; and

(b) subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.

Other matters relating to delegation

(7) A delegation under subclause (1)—

(a) is revocable at will by resolution of the board and written notice to the delegate (or by any other method provided for in the delegation):

(b) does not prevent the board or the board member performing the functions or the exercising the powers:

(c) does not affect the responsibility of the board for the actions of any delegate acting under the delegation:

(d) is not affected by any change in the membership of the board or of any committee or class of persons.

Compare: 1989 No 80 Schedule 6 cl 17(1)-(8)

9 Board may appoint committees

(1) A board may, by resolution, appoint committees—

(a) to advise it on any matters relating to the board’s functions and powers that are referred to the committee by the board; or

(b) to perform or exercise any of the board’s functions or powers that are delegated to the committee.

(2) A person must not be appointed as a member of a committee unless, before appointment, the person discloses to the board the details of any financial interest that would disqualify the person from being a board member under clause 10 of Schedule 23 of the Act.

(3) Regulation 8 applies, with any necessary modifications, to each member of a committee who is not a board member.

Compare: 1989 No 80 Schedule 6 cl 17(9)-(11)