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Disputes Tribunal Act 1988

Establishment of Tribunal

6D: Delegation by Principal Disputes Referee

You could also call this:

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

Illustration for Disputes Tribunal Act 1988

The Principal Disputes Referee can give some of their jobs to another Referee. You need to be a Referee with the right qualifications, which are set out in section 6A(2), to get these jobs. The Principal Disputes Referee must think you have the right skills and experience to do these jobs. When the Principal Disputes Referee gives you a job, they must write it down and give it to you by name. They can take the job back at any time by writing it down. This does not stop the Principal Disputes Referee from doing the job themselves. If you are given a job, you can do it in the same way as the Principal Disputes Referee. People will assume you are doing the job correctly unless they have evidence that says otherwise. If you do a job that was given to you, you will get paid for it. Your pay will be decided according to what is said in section 9.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS275522.

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6C: Functions and powers of Principal Disputes Referee, or

"The boss of the Referees: their jobs and powers"

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Part 1Establishment of Tribunal

6DDelegation by Principal Disputes Referee

  1. The Principal Disputes Referee may delegate any of his or her functions, duties, and powers to a Referee who holds the qualifications set out in section 6A(2) and who the Principal Disputes Referee is satisfied has the necessary capability, skills, experience, and personal attributes to perform or exercise those functions, duties, and powers.

  2. A delegation—

  3. must be in writing; and
    1. must be to a named person; and
      1. is revocable at any time, in writing; and
        1. does not prevent the performance or exercise of a function, duty, or power by the Principal Disputes Referee.

          1. A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

          2. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

          3. A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 9 for work undertaken in that capacity.

          Notes
          • Section 6D: inserted, on , by section 32 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
          • Section 6D(5): amended, on , by section 6 of the Remuneration Authority Legislation Act 2022 (2022 No 74).