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Disputes Tribunal Act 1988

Establishment of Tribunal

6A: Appointment of Principal Disputes Referee

You could also call this:

"Who can be the main referee for disputes and how are they chosen?"

Illustration for Disputes Tribunal Act 1988

The Governor-General can appoint a Principal Disputes Referee. You need to have a Bachelor of Laws from a New Zealand university to be appointed. You must also be able to perform the functions of a Referee and a Principal Disputes Referee as set out in section 6C. The Principal Disputes Referee is appointed for up to 5 years and can be reappointed. You can be removed from office for reasons like misconduct or neglect of duty. You can also resign by writing to the Minister. The Principal Disputes Referee stays in office until a successor is appointed or the chief executive says no successor will be appointed. The criteria and procedures for appointment can be found in rules made under section 60. The Governor-General can remove the Principal Disputes Referee at any time for certain reasons.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133624.

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6: Sittings of Tribunal and rostering and training of Referees, or

"How the Disputes Tribunal meets and trains its Referees"

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6B: Acting Principal Disputes Referee, or

"Temporary Replacement for the Principal Disputes Referee"

Part 1Establishment of Tribunal

6AAppointment of Principal Disputes Referee

  1. The Governor-General may, from time to time, by warrant under his or her hand and on the advice of the Minister of Justice, appoint a Principal Disputes Referee.

  2. No person may be appointed as Principal Disputes Referee unless that person—

  3. holds a Bachelor of Laws from a university in New Zealand or a qualification that the Minister considers is equivalent to such a Bachelor of Laws; and
    1. is capable, because of the person's personal attributes, knowledge, and experience, of performing the functions of a Referee and the functions of the Principal Disputes Referee set out in section 6C.

      1. The criteria and procedures for appointment may be further prescribed by rules made under section 60; but the failure to make any such rules does not preclude the appointment or reappointment of a person as Principal Disputes Referee.

      2. Subject to subsection (5), every person appointed as Principal Disputes Referee holds office for a term of up to 5 years and, subject to subsection (2), may from time to time be reappointed.

      3. A Principal Disputes Referee may at any time be removed from office by the Governor-General for disability affecting the performance of duty, bankruptcy, neglect of duty, or inability, or misconduct, proved to the satisfaction of the Governor-General, or may at any time resign the office of Principal Disputes Referee by notice in writing addressed to the Minister.

      4. Unless the person sooner vacates the office under subsection (5), a Principal Disputes Referee continues in office until—

      5. that Principal Disputes Referee's successor comes into office; or
        1. the chief executive notifies the Principal Disputes Referee that no successor to that Principal Disputes Referee is to be appointed.

          Notes
          • Section 6A: inserted, on , by section 3 of the Disputes Tribunals Amendment Act 1998 (1998 No 84).
          • Section 6A(4): amended, on , by section 30(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
          • Section 6A(6)(b): amended, on , by section 30(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).