New Zealand Acts

CHARITIES ACT 2005 - SECT 9

9 Board may delegate

1 The Board may, either generally or particularly and by resolution, delegate any of its functions, duties, or powers under this Act to—

a) the chief executive; or

b) any member of the Board.

2 If functions, duties, or powers are delegated to the chief executive under subsection (1),—

a) the chief executive is not responsible to the Minister for the performance or exercise of those functions, duties, or powers but must act independently in exercising his or her professional judgement; and

b) the chief executive may delegate those functions or powers to employees or holders of specified offices in the department under clauses 2 and 3 of Schedule 6 of the Public Service Act 2020 .

3 No delegation under subsection (1) or (2)(b) affects the responsibility of the Board for the actions of any person acting under the delegation.

4 The Board must not make a delegation under this section unless satisfied that the delegation is consistent with section 8(5) .

5 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.

History: Section 9: replaced, on 1 July 2012, by section 7 of the Charities Amendment Act (No 2) 2012 (2012 No 43).   Section 9(2)(b): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).