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Immigration Act 2009

Appeals, reviews, and other proceedings - Immigration and Protection Tribunal

219A: Appointment of temporary acting chair or member of Tribunal

You could also call this:

“Choosing a stand-in for the Tribunal chair or member when needed”

If the chair or another member of the Immigration and Protection Tribunal can’t do their job because they’re sick, away, or for any other good reason, someone else can be appointed to fill in for them. This also applies if a member thinks it’s not right or good for them to make a decision on a specific matter.

The Governor-General can appoint a temporary chair or member. For a temporary chair, the Attorney-General recommends someone after talking with the Minister of Justice and the Minister. For a temporary member, the Minister of Justice recommends someone after talking with the Minister.

The person chosen to fill in must be qualified for the job. When they’re acting as the chair or member, they’re treated just like the regular chair or member would be.

You don’t need to worry about whether the temporary appointment was needed or if it’s still needed. No one can question the appointment or the things the temporary chair or member does just because they think the appointment wasn’t necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS136705.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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219: Membership of Tribunal, or

“Who can be part of the Immigration and Protection Tribunal and how they are chosen”

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220: Role of chair of Tribunal, or

“Chair oversees Tribunal operations and member conduct”

Part 7 Appeals, reviews, and other proceedings
Immigration and Protection Tribunal

219AAppointment of temporary acting chair or member of Tribunal

  1. If the chair or another member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if another member appointed under section 219(1)(b) considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General,—

  2. on the recommendation of the Attorney-General, after consultation with the Minister of Justice and the Minister, may appoint a suitable person as the acting chair for the period or purpose stated in the appointment:
    1. on the recommendation of the Minister of Justice, after consultation with the Minister, may appoint a suitable person as an acting member for the period or purpose stated in the appointment.

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

      2. An acting chair or other member, while acting in that position, is to be treated as the chair or other member.

      3. No appointment of an acting chair or other member, no act done by an acting chair or other 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.

      Notes
      • Section 219A: inserted, on , by section 101 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).