Electoral Act 1993

The House of Representatives - Representation Commission

33: Deputies of ex officio members

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"Who replaces important jobs if someone can't do them"

Illustration for Electoral Act 1993

If you are a member of the Representation Commission and you cannot do your job, someone else can take your place. The Minister of Local Government can appoint a deputy if the Chairperson of the Local Government Commission is unable to perform their duties. This deputy will do the Chairperson's job on the Representation Commission.

If the Surveyor-General is a member of the Commission, the Deputy Surveyor-General can do their job. The Statistician can also appoint a deputy to do their job on the Commission. You can read about the Deputy Electoral Commissioner's role in section 4I.

A chief executive who is a member of the Commission can appoint a deputy if they are unable to do their job. This deputy will do the chief executive's job on the Commission, and you can read about this in section 28(3)(a) and clause 9(1) to (3) of Schedule 7 of the Public Service Act 2020.

A deputy will keep their job until the person who appointed them decides otherwise. If a deputy does something as part of their job, it cannot be questioned later. You can read about this in clause 2(1) and (2) of Schedule 6 of the Public Service Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM308191.


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Part 3The House of Representatives
Representation Commission

33Deputies of ex officio members

  1. Where the Chairperson of the Local Government Commission is unable or likely to be unable to perform his or her duties as a member of the Representation Commission because of illness, absence, or any other reason, and it appears to the Minister of Local Government that the inability to perform the duties is likely to continue for a period of more than 14 days, the Minister of Local Government may appoint a deputy (who shall be another member of the Local Government Commission) to perform all the functions, duties, and powers of the Chairperson of the Local Government Commission in his or her capacity as a member of the Representation Commission.

  2. The Deputy Surveyor-General appointed pursuant to section 8 of the Survey Act 1986 shall have and may exercise, subject to the control of the Surveyor-General, all the functions, duties, and powers of the Surveyor-General in his or her capacity as a member of the Commission.

  3. The Statistician may appoint a deputy to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission.

  4. The Deputy Electoral Commissioner appointed under section 4I as the deputy for the Chief Electoral Officer has and may exercise, subject to the control of the Chief Electoral Officer, all the functions, duties, and powers of the Chief Electoral Officer in his or her capacity as a member of the Commission.

  5. Where the chief executive who holds office under section 28(3)(a) as a member of the Commission is unable or likely to be unable to perform his or her duties as such a member because of illness, absence, or any other reason, or where there is a vacancy in the position of that chief executive, that chief executive or any acting chief executive acting under clause 9(1) to (3) of Schedule 7 of the Public Service Act 2020 may appoint a deputy nominated by the chief executive to perform all the functions, duties, and powers of the chief executive in his or her capacity as a member of the Representation Commission.

  6. Every deputy appointed under subsection (1), (3), or (5) shall hold office during the pleasure of the person by which that deputy was appointed.

  7. No act done by any deputy to which this section applies 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.

  8. Nothing in clause 2(1) and (2) of Schedule 6 of the Public Service Act 2020 authorises a chief executive or acting chief executive or deputy of a chief executive to delegate to any other person any of the functions, duties, or powers of the chief executive or acting chief executive or deputy of the chief executive in his or her capacity as a member of the Representation Commission.

Notes
  • Section 33(3): replaced, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).
  • Section 33(4): amended, on , by section 32(2)(a) of the Electoral (Administration) Amendment Act 2010 (2010 No 26).
  • Section 33(5): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
  • Section 33(5): amended, on , by section 19(1) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).
  • Section 33(6): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).
  • Section 33(8): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).