Legal Services Act 2011

Legal aid - Legal Aid Tribunal

66A: Appointment of temporary acting chairperson or member

You could also call this:

"Replacing a sick or absent Tribunal leader with a temporary one"

Illustration for Legal Services Act 2011

If the chairperson or a member of the Tribunal cannot do their job due to illness or other reasons, the Governor-General can appoint someone else to act in their place. You need to know that this person must be suitable for the job and eligible for the position. The acting chairperson or member has the same powers as the real chairperson or member while they are acting in the position. If someone is appointed to act in a position, you cannot question their actions in court just because the reason for their appointment is no longer valid. The Governor-General makes this appointment based on a recommendation from the Minister. This is how the law works for the Tribunal. The law says that the acting chairperson or member must be treated like the real chairperson or member. The Tribunal is a part of the legal aid system, which is outlined in the Legal Services Act 2011. The rules for appointing an acting chairperson or member were updated by the Tribunals Powers and Procedures Legislation Act 2018, which you can read more about on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7374389.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS136818.

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Part 2Legal aid
Legal Aid Tribunal

66AAppointment of temporary acting chairperson or member

  1. If the chairperson or a member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson or a member 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 or an acting member for the period or purpose stated in the appointment.

  2. No person may be appointed as the acting chairperson or an acting member unless he or she is eligible for appointment to the relevant position.

  3. The acting chairperson or an acting member is, while acting in the position, to be treated as the chairperson or a member of the Tribunal.

  4. No appointment of an acting chairperson or acting member, no act done by an acting chairperson or acting member, 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 66A: inserted, on , by section 143 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).