Public Records Act 2005

13 Delegations by Chief Archivist

• (1) The Chief Archivist may, either generally or particularly, delegate to an employee in the department all or any of the Chief Archivist’s functions, duties, or powers under this Act except—

  • (a) the power to authorise the disposal of—

    • (i) public records; or

    • (ii) protected records; and

  • (b) the power to delegate.

  (2) A delegation—

  • (a) must be in writing; and

  • (b) may be made subject to any restrictions and conditions the Chief Archivist thinks fit; and

  • (c) is revocable at any time, in writing; and

  • (d) does not prevent the performance or exercise of a function, duty, or power by the Chief Archivist.

  (3) A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

  (4) A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

  Section 13(1): amended, on 1 February 2011, by section 8 of the Public Records Amendment Act (No 2) 2010 (2010 No 133).