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Human Rights Act 1993

Human Rights Review Tribunal - Constitution of Tribunal

101: Panel

You could also call this:

"The Minister keeps a list of skilled people to help the Tribunal make fair decisions."

Illustration for Human Rights Act 1993

The Minister must keep a list of people who can help the Tribunal make decisions. You need to have a mix of people with different skills and knowledge on this list. The Minister decides who is on the list and for how long. The Minister looks for people with knowledge of different areas, such as human rights law, public administration, and social issues. At least three people on the list must be lawyers with at least five years of experience. If someone on the list dies, goes bankrupt, or can't do their job, the Minister can remove their name. If someone's time on the list ends, they can still finish any work they started. The Minister can also remove someone's name if they ask to be removed. The Insolvency Act 2006 is relevant when someone is adjudged bankrupt. You can find more information about the Tribunal and its powers on the New Zealand legislation website. The Minister's decisions are important for the Tribunal to work properly. The list of people helps the Tribunal make fair decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305402.

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Part 4Human Rights Review Tribunal
Constitution of Tribunal

101Panel

  1. The Minister must maintain a panel of any number of persons that may be required to ensure—

  2. the efficient and expeditious exercise of the jurisdiction of the Tribunal throughout New Zealand; and
    1. the performance of other functions under this Act or any other enactment requiring the participation of members of the panel.

      1. The Minister must specify a period of up to 5 years for which a person is approved as a member of the panel.

      2. The Minister may approve the inclusion of a person on the panel for further periods of up to 5 years.

      3. In considering the suitability of persons for inclusion on the panel, the Minister must have regard to the need for persons included on the panel to have between them knowledge of, or experience in,—

      4. different aspects of matters likely to come before the Tribunal:
        1. New Zealand law, or the law of another country, or international law, on human rights:
          1. public administration, or the law relating to public administration:
            1. current economic, employment, or social issues:
              1. cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society.

                1. At least 3 members of the panel must be barristers or solicitors of the High Court of not less than 5 years' practice.

                2. The name of a person shall be removed from the panel if—

                3. the person dies or is, under the Insolvency Act 2006, adjudged bankrupt; or
                  1. the Minister directs that the name of the person be removed from the panel for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister; or
                    1. a period of up to 5 years has elapsed since the date on which the Minister last approved the entry of the person's name; or
                      1. the person requests by writing addressed to the Minister that his or her name be removed.

                        1. If subsection (3)(c) or (d) applies, or the period for which a person is approved as a member of the panel expires, the person may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

                        Compare
                        • 1977 No 49 s 47C
                        • 1993 No 35 s 5(1)
                        Notes
                        • Section 101(1): replaced, on , by section 84(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 101(1A): inserted, on , by section 84(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 101(1B): inserted, on , by section 84(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 101(2): substituted, on , by section 17 of the Human Rights Amendment Act 2001 (2001 No 96).
                        • Section 101(2A): inserted, on , by section 17 of the Human Rights Amendment Act 2001 (2001 No 96).
                        • Section 101(3)(a): amended, on , by section 445 of the Insolvency Act 2006 (2006 No 55).
                        • Section 101(3)(c): amended, on , by section 84(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                        • Section 101(4): replaced, on , by section 84(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).