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Human Rights Act 1993

Human Rights Review Tribunal - Constitution of Tribunal

100: Appointment and term of office

You could also call this:

"How long you can be in charge of the Tribunal"

Illustration for Human Rights Act 1993

You can be the Chairperson or a Deputy Chairperson of the Tribunal for up to 5 years. The Governor-General decides how long you can be in this role. You can be reappointed to this role. If your term ends, you can still be the Chairperson or Deputy Chairperson until you are reappointed or someone else is appointed. You can also keep being the Chairperson or Deputy Chairperson if you are waiting for a successor to be appointed. You can still do your job as the Chairperson or Deputy Chairperson even after your term has ended. This is so you can finish any work you started before your term ended. If you resign or your successor is appointed, you can still finish any work you started. This means you can keep working on cases you were already dealing with.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305400.

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Part 4Human Rights Review Tribunal
Constitution of Tribunal

100Appointment and term of office

  1. Repealed

  2. Except as otherwise provided in section 103, every person appointed as the Chairperson or a Deputy Chairperson of the Tribunal shall hold office for such term, not exceeding 5 years, as the Governor-General on the recommendation of the Minister shall specify in the instrument appointing the Chairperson or Deputy Chairperson.

  3. Any person appointed as the Chairperson or a Deputy Chairperson may hold that office concurrently with any other office held by him or her and may from time to time be reappointed.

  4. Where the term for which the Chairperson or a Deputy Chairperson expires, the Chairperson or that Deputy Chairperson, unless sooner vacating or removed from office under section 103, continues to hold office, by virtue of the appointment for the term that has expired until—

  5. the Chairperson or that Deputy Chairperson is reappointed; or
    1. a successor to the Chairperson or that Deputy Chairperson is appointed; or
      1. in the case of a Deputy Chairperson, that Deputy Chairperson is informed in writing by the Minister that the Deputy Chairperson is not to be reappointed and that a successor to that Deputy Chairperson is not to be appointed.

        1. The Chairperson or a Deputy Chairperson who continues in office for any period under subsection (4) may act as the Chairperson or a Deputy Chairperson during and after that period for the purpose of—

        2. completing any proceedings partly or wholly heard by the Tribunal before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4):
          1. hearing any other proceedings commenced before the Chairperson or the Deputy Chairperson ceased to hold office under subsection (4).

            1. The Chairperson or a Deputy Chairperson 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
            • 1977 No 49 s 47B
            • 1993 No 35 s 5(1)
            Notes
            • Section 100(1): repealed, on , by section 16 of the Human Rights Amendment Act 2001 (2001 No 96).
            • Section 100(2): amended, on , by section 83(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 100(2): amended, on , by section 83(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 100(3): amended, on , by section 83(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 100(4): replaced, on , by section 83(4) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 100(5): inserted, on , by section 83(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 100(6): inserted, on , by section 83(5) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).