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Human Rights Act 1993

Human Rights Review Tribunal - Constitution of Tribunal

102: Appointment of temporary acting Chairperson

You could also call this:

"Temporary replacement for the Chairperson of the Tribunal"

Illustration for Human Rights Act 1993

If the Chairperson of the Tribunal cannot do their job due to illness or other reasons, the Governor-General can appoint someone else to act as Chairperson for a while. You need to know that this person must be suitable to be the Chairperson normally. The acting Chairperson has the same powers as the real Chairperson while they are acting. When the acting Chairperson makes a decision, it is like the real Chairperson made it. You cannot question the acting Chairperson's decisions in court just because you think they should not have been acting as Chairperson. The acting Chairperson's decisions are valid even if someone thinks they should not have been making them, according to the Tribunals Powers and Procedures Legislation Act 2018. The law says the acting Chairperson is treated like the real Chairperson. This means they can make decisions and take actions as if they were the real Chairperson. Their decisions are final and cannot be challenged just because someone thinks they were not supposed to be acting as Chairperson.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305404.

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Part 4Human Rights Review Tribunal
Constitution of Tribunal

102Appointment of temporary acting Chairperson

  1. If the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Chairperson considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting Chairperson for the period or purpose stated in the appointment.

  2. No person may be appointed as the acting Chairperson unless he or she is eligible for appointment as the Chairperson.

  3. The acting Chairperson is, while acting in the position, to be treated as the Chairperson of the Tribunal.

  4. No appointment of the acting Chairperson, no act done by the acting Chairperson, 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 102: replaced, on , by section 86 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).