Inquiries Act 2013

Establishment and membership of inquiry

9: Vacancy in membership of inquiry

You could also call this:

"What happens if someone on an inquiry team can't keep going"

If a member of an inquiry can't continue, the Minister talks to the other members about what to do next. The Minister can then decide if the inquiry should keep going, or if a new member should be appointed, as outlined in section 6. The Minister can also stop the inquiry, which can be done in different ways depending on the type of inquiry.

If the inquiry is a public one, it can be stopped by the Governor-General, and if it's a government inquiry, it can be stopped by the Minister. You should know that the Minister's decision must follow the principles of natural justice. When stopping a public inquiry, an order is made, which is a type of secondary legislation, and you can find out more about this in Part 3 of the Legislation Act 2019.

The Minister has to make sure their decision is fair, and they can't make a decision that would be unfair. When the Minister makes a decision, they have to follow the rules, and you can find out more about these rules in the relevant laws. The laws are in place to ensure that everything is done fairly and correctly.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 30 July 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1566139.

Topics:

Government and voting > Government departmentsCrime and justice > Courts and legal help

8: Removal from office, or

"When someone in charge can take away your job on a public inquiry"

10: Inquiry must act independently, impartially, and fairly, or

"Inquiries must make fair decisions on their own without favouring anyone."

Part 2Establishment and membership of inquiry

9Vacancy in membership of inquiry

If 1 or more members of an inquiry are, for any reason, unable to continue in office, the appropriate Minister or appointing Minister, as the case may be, must consult with any remaining members of the inquiry as to how the inquiry should proceed.
After consultation has been undertaken, as required by subsection (1),—
the appropriate Minister or appointing Minister, as the case may be, may require the inquiry to continue to perform its functions, despite the vacancy in its membership; or
a person may be appointed to be a replacement member, in accordance with section 6; or
the inquiry may be terminated,—
1. in the case of a public inquiry, by the Governor-General by Order in Council; or
2. in the case of a government inquiry, by the appointing Minister, by notice in the Gazette.

The power under subsection (2)(a) or (b) must not be exercised if to do so would be contrary to the principles of natural justice.
An order under subsection (2)(c)(i) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 9(4): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).