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Human Rights Act 1993

Human Rights Review Tribunal - Constitution of Tribunal

101B: Delegation by Chairperson of Tribunal

You could also call this:

"The Chairperson of the Tribunal can assign some tasks to other members."

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The Chairperson of the Tribunal can give some of their jobs to another member of the panel. You need to be satisfied they have the right skills and experience to do the job. They also need to meet the criteria set out in section 99A to be the Chairperson. When the Chairperson gives someone a job, it must be in writing and to a specific person. They can take the job back at any time by writing about it. This does not stop the Chairperson from doing the job themselves. If someone is given a job, they can do it in the same way as the Chairperson. People will assume they are doing the job correctly unless there is evidence to say otherwise. If someone is given a job, they will get paid for the work they do, as decided by section 118A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS136586.

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Part 4Human Rights Review Tribunal
Constitution of Tribunal

101BDelegation by Chairperson of Tribunal

  1. The Chairperson of the Tribunal may delegate any of the Chairperson’s functions, duties, and powers to a member of the panel who—

  2. the Chairperson is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers; and
    1. satisfies the criteria set out in section 99A for appointment as the Chairperson.

      1. A delegation—

      2. must be in writing; and
        1. must be to a named person; and
          1. is revocable at any time, in writing; and
            1. does not prevent the performance or exercise of a function, duty, or power by the Chairperson.

              1. A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

              2. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

              3. A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 118A for work undertaken in that capacity.

              Notes
              • Section 101B: inserted, on , by section 85 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
              • Section 101B(5): amended, on , by section 16 of the Remuneration Authority Legislation Act 2022 (2022 No 74).