7.13 Delegations

Legislation, such as the enabling legislation for an entity or the Public Service Act 2008, may create a statutory power that vests in a particular individual or body who is able to exercise that power.

Government Boards or board members can only delegate a power or duty if that delegation is permitted by the legislation that creates the power.

A delegation cannot apply in respect of a matter that goes beyond the legal powers conferred upon the Government Board by the relevant legislation, i.e. a Government Board cannot delegate to another party, including a subsidiary company of the Government Board, the right to engage in an activity on behalf of the Government Board which the Government Board itself is not authorised to engage in.

A delegate must use their own discretion when exercising a power under delegation.

A delegation should be made through a formal instrument of delegation.