11. Fire Authority in State areas---(1) The Fire Authority of each
State area shall be the Minister [of Conservation].
(2) The Minister [of Conservation] may from time to time, by writing
under his hand, either generally or particularly, delegate to the
Director-General [of Conservation] or to [any officer or employee of the
Department of Conservation] all or any of his powers as Fire Authority
in respect of the area, but not the power to delegate under this
section.
[(2A) Any delegation made by the Minister of Conservation under this
section may be made to the holder or holders for the time being of a
specified office or class of office.]
(3) Subject to any general or special directions given or conditions
attached by the Minister [of Conservation], the Director-General [of
Conservation] [or officer or employee of the Department of Conservation]
may exercise any powers delegated to him as aforesaid in the same manner
and with the same effect as if they had been conferred on him directly
by this section and not by delegation.
(4) Where the Director-General [of Conservation] or [any officer or
employee of the Department of Conservation] purports to act pursuant to
or in accordance with any delegation under this section, whether in his
own name or in the name of the Minister [of Conservation], he shall be
presumed to be acting in accordance with the terms of the delegation in
the absence of proof to the contrary; and in any case of doubt the
Minister [of Conservation] may ratify the action of the Director-General
[of Conservation] [or officer or employee of the Department of
Conservation].
(5) Every such delegation shall be revocable at will, and no such
delegation shall prevent the exercise of any power by the Minister [of
Conservation].
(6) Unless and until any such delegation is revoked, it shall continue
in force according to its tenor. In the event of the Minister [of
Conservation] by whom any such delegation has been made ceasing to hold
office, it shall continue to have effect as if made by the person for
the time being holding office as Minister [of Conservation]; and, in the
event of the Director-General [of Conservation] [or officer or employee
of the Department of Conservation] to whom any such delegation has been
made ceasing to hold office, it shall continue to have effect as if made
to the person for the time being holding the office or, if there is no
holder of the office or if the holder of the office is absent from duty,
to the person for the time being directed under [the State Sector Act
1988] or any other authority to act in the place of the holder of the
office.
Cf. 1955, No. 44, s. 11
In subss. (1)-(6) the words ``of Conservation'' were inserted
after the words ``Minister'' and ``Director-General'' by s. 65 (1)
of the Conservation Act 1987.
In subss. (2) and (4) the words ``any officer or employee of the
Department of Conservation'' were substituted for the former words
by s. 5 (1) (a) of the Forest and Rural Fires Amendment Act 1987.
Subs. (2A) was inserted by s. 5 (2) of the Forest and Rural Fires
Amendment Act 1987.
In subss. (3), (4), and (6) the words ``or officer or employee of
the Department of Conservation'' were substituted for the former
words by s. 5 (1) (b) of the Forest and Rural Fires Amendment Act
1987.
In subs. (6) the reference to the State Sector Act 1988 was
substituted for a reference to the State Services Act 1962 by s. 90
(a) of the State Sector Act 1988.