sec.392Delegation by Minister

### sec.392 Delegation by Minister The Minister may delegate the Minister’s powers under this Act or another Act administered by the Minister to the chief executive or to an appropriately qualified public service employee employed in the department. The Minister may delegate the Minister’s powers about matters connected with the public business of the State administered by the Minister (whether the powers arise under an Act or otherwise) to— another Minister; or the chief executive or the chief executive of another department; or an appropriately qualified public service employee. The Minister may, for a lease held by the State to perform functions under another Act, delegate the Minister’s functions under this Act to the chief executive or an appropriately qualified public service employee employed in the department in which the other Act is administered. The Minister may delegate the Minister’s powers under this Act about roads and trust land to a local government. Despite subsections (1) to (3) , the following functions of the Minister can not be delegated— granting a lease; dispensing with the need to obtain the Minister’s approval for trustee leases; extending the term of a lease for a year if the term has already been extended; granting an extension of a term of a lease under chapter 4 , part 3 , division 1B ; reducing the term of a lease, under section 155D or 214E ; imposing an additional condition, under section 214E . To remove any doubt, it is declared that other than the power to grant an extension of a lease, the Minister may delegate any of the Minister’s other functions under chapter 4 , part 3 , division 1B to the chief executive or an appropriately qualified public service employee employed in the department. In this section— functions includes powers. s 392 amd 1996 No. 7 s 6 ; 2004 No. 9 s 79 ; 2007 No. 19 s 183 ; 2010 No. 12 s 151 ; 2013 No. 2 s 130 ; 2021 No. 12 s 148 sch 3 (sec.392-ssec.1) The Minister may delegate the Minister’s powers under this Act or another Act administered by the Minister to the chief executive or to an appropriately qualified public service employee employed in the department. (sec.392-ssec.2) The Minister may delegate the Minister’s powers about matters connected with the public business of the State administered by the Minister (whether the powers arise under an Act or otherwise) to— another Minister; or the chief executive or the chief executive of another department; or an appropriately qualified public service employee. (sec.392-ssec.2A) The Minister may, for a lease held by the State to perform functions under another Act, delegate the Minister’s functions under this Act to the chief executive or an appropriately qualified public service employee employed in the department in which the other Act is administered. (sec.392-ssec.3) The Minister may delegate the Minister’s powers under this Act about roads and trust land to a local government. (sec.392-ssec.4) Despite subsections (1) to (3) , the following functions of the Minister can not be delegated— granting a lease; dispensing with the need to obtain the Minister’s approval for trustee leases; extending the term of a lease for a year if the term has already been extended; granting an extension of a term of a lease under chapter 4 , part 3 , division 1B ; reducing the term of a lease, under section 155D or 214E ; imposing an additional condition, under section 214E . (sec.392-ssec.4A) To remove any doubt, it is declared that other than the power to grant an extension of a lease, the Minister may delegate any of the Minister’s other functions under chapter 4 , part 3 , division 1B to the chief executive or an appropriately qualified public service employee employed in the department. (sec.392-ssec.5) In this section— functions includes powers. - (a) another Minister; or - (b) the chief executive or the chief executive of another department; or - (c) an appropriately qualified public service employee. - (a) granting a lease; - (b) dispensing with the need to obtain the Minister’s approval for trustee leases; - (c) extending the term of a lease for a year if the term has already been extended; - (d) granting an extension of a term of a lease under chapter 4 , part 3 , division 1B ; - (e) reducing the term of a lease, under section 155D or 214E ; - (f) imposing an additional condition, under section 214E .