17 Delegation of powers, functions, or duties of Commissioner

(1)

The Commissioner may, as he or she thinks fit, delegate to any person any of his or her powers, functions, or duties under this Act or any other enactment.

(2)

A delegation under subsection (1)—

(a)

may be made subject to any conditions or restrictions that the Commissioner thinks appropriate, including any factors that must be taken into account when the delegation is exercised:

(b)

may be made generally or in any particular case:

(c)

is revocable at will:

(d)

does not prevent the Commissioner from exercising any power, or carrying out any function or duty:

(e)

does not affect the responsibility of the Commissioner for the actions of any person acting under delegation.

(3)

A person who is delegated any powers, functions, or duties under subsection (1)—

(a)

may, with the prior written approval of the Commissioner, delegate those powers, functions, or duties to any other person:

(b)

may, subject to any conditions or restrictions, exercise those powers, functions, or duties in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

(4)

Every person purporting to act under any delegation under subsection (1) is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

Compare: 1958 No 109 ss 4(4), 55A; 1988 No 20 s 41