Each member of the Tribunal must, before entering on the performance of his or her functions as a member of the Tribunal, swear or affirm before a Judge of the High Court that he or she will faithfully and impartially perform his or her duties as a member of the Tribunal.

Every member of the Tribunal is to be appointed for a term of up to 5 years.

A member of the Tribunal is eligible for reappointment from time to time.

Where the term of office of a member of the Tribunal has expired, that member, unless he or she sooner dies or vacates office under clause 3, continues to hold office, by virtue of the appointment for the term that has expired, until—

A member of the Tribunal who continues in office for any period under subclause (3) may act as a member during that period for the purpose of—

A member of the Tribunal who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

A member of the Tribunal may at any time be removed from office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

A member of the Tribunal is deemed to have vacated his or her office if he or she is adjudged bankrupt under the Insolvency Act 2006.

A member of the Tribunal may at any time resign his or her office by giving notice in writing to the Minister.

If the chairperson, the deputy chairperson, or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson, the deputy chairperson, or a member considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Minister may appoint a suitable person as the acting chairperson, the acting deputy chairperson, or an acting member for the period or purpose stated in the appointment.

No person may be appointed as the acting chairperson, the acting deputy chairperson, or an acting member unless he or she is eligible for appointment to the relevant position.

The acting chairperson, the acting deputy chairperson, or an acting member is, while acting in that position, to be treated as the chairperson, the deputy chairperson, or a member of the Tribunal.

No appointment of an acting chairperson, acting deputy chairperson, or acting member, no act done by an acting chairperson, acting deputy chairperson, or acting member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

The chairperson and other members of the Tribunal are to be paid, out of public money, remuneration by way of fees, salary, or allowances and travelling allowances in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if the chairperson or any other member were a member of a statutory board within the meaning of that Act.

No person holding office as a member of the Tribunal is deemed by reason of his or her holding of that office to be employed in the Government service for the purposes of the Government Superannuation Fund Act 1956 or in the State services for the purposes of the Public Service Act 2020.

For the purposes of any matter before the Tribunal, the Tribunal may, of its own initiative or at the request of a party, issue a summons to any person requiring that person to attend before the Tribunal and give evidence.

The summons must be in a form approved by the chief executive of the Ministry of Justice after consultation with the chairperson of the Tribunal, and may require the person to produce before the Tribunal any document, information, or thing in that person’s possession or under that person’s control in any way relating to the matter.

The power to issue a witness summons may be exercised by the Tribunal, the chairperson, or the deputy chairperson, or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal, the chairperson, or the deputy chairperson.

Every person attending the Tribunal on a summons, and every other person giving evidence before the Tribunal, is entitled, subject to subclause (2), to be paid, by the party calling that person, witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations apply accordingly.

The Tribunal may disallow the whole or any part of any sum payable under subclause (1).

The Tribunal may take evidence on oath and, for that purpose, the Tribunal or any other person acting under the express or implied direction of the Tribunal may administer the oath.

On any charge of perjury it is sufficient to prove that the oath was administered in accordance with subclause (1).

Every person has the same privileges and immunities as witnesses have in a court of law in relation to—

Every counsel appearing before the Tribunal has the same privileges and immunities as counsel in a court of law.

Neither the Tribunal, nor any member, officer, or agent of the Tribunal, is under any criminal or civil liability in respect of—

Subclause (1) does not apply if the Tribunal or the person concerned has acted in bad faith.

The Tribunal must have a seal, which must be judicially noticed in all courts and for all purposes.