Electoral Act 1993

The House of Representatives - Representation Commission

32: Deputies of appointed members

You could also call this:

"Appointed members can choose a deputy to make decisions for them when they're not available"

Illustration for Electoral Act 1993

When you look at the Representation Commission, you see that some members are appointed. These appointed members can choose someone to be their deputy. The deputy can make decisions for the appointed member when they are not able to.

You can be a deputy for an appointed member if they choose you. But if the appointed member was chosen under section 28(3)(b), you can only be their deputy if you are Maori. The deputy can do the appointed member's job when they are sick, away from New Zealand, or cannot work for some other reason.

If the appointed member is the Chairperson of the Commission, their deputy can also be the Chairperson when the appointed member cannot work. The deputy keeps their job as long as the appointed member wants them to. If a deputy makes a decision, you cannot question it in court just because the appointed member could have made the decision themselves.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308189.


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Part 3The House of Representatives
Representation Commission

32Deputies of appointed members

  1. In this section appointed member means a member of the Commission appointed under section 28(2)(e) or section 28(2)(f) or section 28(3)(b).

  2. Any appointed member may from time to time, by writing under his or her hand, appoint any person to be the deputy of that appointed member.

  3. No person other than a Maori shall be appointed under this section as the deputy of a member of the Commission appointed under section 28(3)(b).

  4. The deputy of any appointed member may exercise the powers conferred on that appointed member by this Act during any period when that appointed member is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.

  5. The deputy of the appointed member who holds office as the Chairperson of the Commission shall, in addition, have authority to act as Chairperson of the Commission during any period when the Chairperson of the Commission is incapacitated by illness, absence from New Zealand, or other sufficient cause from performing the duties of his or her office.

  6. Every deputy appointed under this section shall hold office during the pleasure of the appointed member by which that deputy was appointed.

  7. No act done by any deputy appointed under this section in that capacity, and no act done by the Commission while any such deputy is so acting, shall in any proceedings be questioned on the ground that the occasion for so acting had not arisen or had ceased.