s.39Powers of chief officer of a ministry or portfolio
39
Section 39Part 4 — Ministries and Portfolios - Duties of Ministries, Portfolios and Chief Officers

Powers of chief officer of a ministry or portfolio

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It is the responsibility of a Minister or official member to recommend to the Cabinet the outputs to be purchased from their ministries or portfolios and it is the responsibility of the Cabinet to determine the outputs to be purchased from a ministry or portfolio; and no outputs may be produced by a ministry or portfolio unless the production of those outputs has been agreed by the Cabinet in the relevant budget statement.
It is the responsibility of the chief officer to determine and acquire the inputs required to produce the outputs specified in that person's finalised budget statement and, subject to section 40, no decision or action in relation to inputs shall be made or taken by or on behalf of a ministry or portfolio for the purposes of this Act unless that decision or action has been made, taken or agreed by the chief officer of the ministry or portfolio.
For the purpose of providing outputs or carrying on other activities that are within its nature and scope of activities and that it is authorised to provide or carry on, a ministry or portfolio may, subject to subsections (1) and (2) —
earn entity revenue by providing outputs;
enter into agreements with entities or individuals other than the Cabinet for the supply of specified outputs for amounts to be specified in the agreements;
subject to regulations made by the Minister of Finance under section 35, purchase, and incur entity expenses in relation to, inputs on such terms and conditions as its chief officer may authorise;
subject to regulations made by the Cabinet on the advice of the Minister of Finance under section 35, acquire entity assets on such terms and conditions as its chief officer may authorise provided that those assets are to be used in the production of existing outputs;
subject to regulations made by the Cabinet on the advice of the Minister of Finance under section 35, dispose of its entity assets on such terms and conditions as its chief officer may authorise;
retain such part of its net operating surplus as is determined by the Minister of Finance; and
determine and operate its own management and production systems.

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