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Disputes Tribunal Act 1988

Establishment of Tribunal

7: Appointment of Referees

You could also call this:

"Who can be a Referee and how they are appointed"

Illustration for Disputes Tribunal Act 1988

The Governor-General can appoint people to be Referees. You are qualified to be a Referee if you have a relevant qualification, the right personal attributes, and have been recommended under section 8. You will hold the office for up to 5 years and can be reappointed. The Governor-General can remove a Referee from office if they are unable to do their job, go bankrupt, neglect their duty, or behave badly. A Referee can also resign by writing to the Minister. You can hold other offices or jobs if the Governor-General thinks it will not affect your work as a Referee. If your term as a Referee ends, you can stay in office until a new Referee is appointed or the chief executive tells you that no one else will be appointed. You can keep working as a Referee to finish any cases you were already hearing. If you resign or your successor is appointed, you can still finish any cases you were already hearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM133630.

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"The boss of the referees can give some jobs to other referees."

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8: Selection of candidates for appointment or reappointment as Referees, or

"How Referees are chosen for the Disputes Tribunal"

Part 1Establishment of Tribunal

7Appointment of Referees

  1. The Governor-General may, from time to time, by warrant under the Governor-General's hand, appoint qualified persons to be Referees for the purposes of this Act.

  2. A person is qualified to be appointed as a Referee only if that person—

  3. holds a relevant qualification (for example, a qualification in law, mediation, or arbitration) or has had relevant training; and
    1. has the personal attributes, knowledge, and experience so as to be capable of performing the functions of a Referee; and
      1. has been recommended for appointment under section 8.

        1. Subject to subsection (4), every person appointed as a Referee shall hold office for a term not exceeding 5 years and, subject to subsection (2), may, from time to time, be reappointed.

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

        3. A Referee may—

        4. hold any other office; and
          1. engage in any other employment or calling—
              1. that, in the opinion of the Governor-General, will not impair the proper discharge of the functions of a Referee.

            1. Notwithstanding anything in subsection (3), every Referee shall, unless that Referee sooner vacates office under subsection (4), continue in office until—

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

                1. A Referee who continues in office for any period under subsection (6), unless he or she was removed from office, may act as a Referee during that period for the purpose of—

                2. completing any proceedings partly or wholly heard by the Referee before the expiry of his or her term of office:
                  1. hearing any other proceedings.

                    1. A Referee 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.

                    Compare
                    • 1976 No 35 s 7
                    Notes
                    • Section 7(2): replaced, on , by section 33(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                    • Section 7(3): amended, on , by section 4 of the Disputes Tribunals Amendment Act 2013 (2013 No 113).
                    • Section 7(4): amended, on , by section 4 of the Disputes Tribunals Amendment Act 1998 (1998 No 84).
                    • Section 7(6)(b): amended, on , by section 33(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                    • Section 7(7): inserted, on , by section 33(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                    • Section 7(8): inserted, on , by section 33(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).