Motor Vehicle Sales Act 2003

Enforcement - Motor Vehicle Disputes Tribunals - Adjudicators

85A: Appointment of temporary acting adjudicator

You could also call this:

"Temporary person takes over adjudicator's job if they can't work"

Illustration for Motor Vehicle Sales Act 2003

If an adjudicator cannot do their job due to illness or other reasons, the Governor-General can appoint a temporary acting adjudicator. You need to know that this person must be suitable for the job and eligible to be an adjudicator. The acting adjudicator has the same powers as the original adjudicator while they are acting in the position. When an acting adjudicator is appointed, you can be sure their decisions are valid, even if someone later questions whether the appointment was necessary. The acting adjudicator's decisions and actions are treated as if they were made by the original adjudicator. Their appointment is based on a joint recommendation from the Minister and the Minister of Justice. The Governor-General makes the appointment for a specific period or purpose, and the acting adjudicator's role is limited to that time or purpose. You can find more information about the law that allows for the appointment of acting adjudicators in the Tribunals Powers and Procedures Legislation Act 2018. The acting adjudicator's decisions are an important part of the Disputes Tribunal process.

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This page was last updated on 9 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS134901.

Topics:

Crime and justice > Courts and legal helpGovernment and voting > Government departments

85: Vacation of office, or

"What happens when an adjudicator stops or leaves their job"

86: Remuneration and allowances of adjudicators, or

Part 4Enforcement
Motor Vehicle Disputes Tribunals: Adjudicators

85AAppointment of temporary acting adjudicator

If an adjudicator of a Disputes Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if an adjudicator considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as an acting adjudicator for the period or purpose stated in the appointment.
No person may be appointed as an acting adjudicator unless he or she is eligible for appointment as an adjudicator.
An acting adjudicator is, while acting in the position, to be treated as the adjudicator of the relevant Disputes Tribunal.
No appointment of an acting adjudicator, no act done by an acting adjudicator, and no act done by a Disputes Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

Notes

Section 85A: inserted, on 14 November 2018, by section 165 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).