46Power to authorise another person to exercise power or

46 Power to authorise another person to exercise power or perform function (1) If an Act or a statutory instrument confers a function or power on a minister or other person (whether by reference to an office or otherwise), the function or power may be performed or exercised: (a) for a minister – by a person who has the authority of the minister; or Interpretation Act 1978 31 (b) otherwise – by a person who, with the approval of the minister administering the provision conferring the function or power, or of a person authorised by that minister to give that approval, has the authority of the person on whom the function or power is conferred. Note for subsection (1) See subsection (7) for functions and powers to which this section does not apply. (2) Subsection (1) does not empower the exercise of a power or the performance of a function by the authority of a person where that authority is not evidenced in a written instrument. (3) Authority may be conferred pursuant to subsection (1) on: (a) a person by name; (b) a person by reference to the office, position or designation held or occupied by the person; or (c) a person from time to time holding, acting in or performing the duties of a named office, designation or position. (5) The conferring of authority by an instrument under this section does not prevent the exercise of the power or the performance of the function by the person conferring the authority or by another person on whom authority to exercise the power or perform the function is conferred. (6) The performance of a function or exercise of a power by the authority of a person under this section is subject to any conditions and limitations specified in the instrument conferring the authority. (7) This section does not apply to: (a) a function or power of a legislative or judicial nature; or (b) a function or power relating to: (i) the investigation or detection of offences or other unlawful acts; or (ii) the grant or the defeasance or forfeiture of a right or title to land. Interpretation Act 1978 32