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Health and Disability Commissioner Act 1994

Health and Disability Commissioner

9: Deputy Commissioners

You could also call this:

"The Minister appoints helpers called Deputy Commissioners to assist the main Commissioner."

Illustration for Health and Disability Commissioner Act 1994

The Minister can appoint one or more Deputy Health and Disability Commissioners. You can think of them as helpers to the main Commissioner. The Minister must talk to the Commissioner before appointing a Deputy Commissioner. The Deputy Commissioners are appointed and removed in a similar way to the Commissioner, following rules set out in Part 2 of the Crown Entities Act 2004, except for section 46. A Deputy Commissioner has powers and duties that the Commissioner gives them, as stated in section 68(3A), or that they can do when the Commissioner is not available.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM333901.

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Government and voting > Government departmentsHealth and wellbeing > Healthcare services
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8: Health and Disability Commissioner, or

"The Health and Disability Commissioner is a government official who helps make sure health and disability services are fair and good."

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"Who can be the Health and Disability Commissioner: you need the right skills and experience"

Part 1Health and Disability Commissioner

9Deputy Commissioners

  1. One or more Deputy Health and Disability Commissioners may be appointed in the same way as the Commissioner is appointed, except that the Minister must consult the Commissioner before recommending a person for appointment as a Deputy Commissioner.

  2. Part 2 of the Crown Entities Act 2004 (except section 46) applies to the appointment and removal of a Deputy Health and Disability Commissioner in the same manner as it applies to the appointment and removal of the Commissioner.

  3. Repealed

  4. A person who is a Deputy Commissioner has any powers, duties, and functions that—

  5. the Commissioner delegates to him or her under section 68(3A); and
    1. he or she may exercise and perform under subsection (4).

      1. During the absence of the Commissioner from duty (for any reason) or a vacancy in the office of the Commissioner (for any reason), the powers, duties, and functions of the Commissioner may be exercised and performed by—

      2. a person appointed under this section who is nominated for the purpose by the Commissioner before the absence or vacancy by a written notice that is in force at the time of the absence or vacancy; or
        1. if there is no such notice, the longest serving person appointed under this section.

          Notes
          • Section 9: replaced, on , by section 5(2) of the Mental Health Commission Amendment Act 2012 (2012 No 42).
          • Section 9 heading: amended, on , by section 18 of the Mental Health and Wellbeing Commission Act 2020 (2020 No 32).
          • Section 9(1A): inserted, on , by section 4 of the Health and Disability Commissioner Amendment Act 2013 (2013 No 120).
          • Section 9(2): repealed, on , by section 18 of the Mental Health and Wellbeing Commission Act 2020 (2020 No 32).
          • Section 9(3): amended, on , by section 18 of the Mental Health and Wellbeing Commission Act 2020 (2020 No 32).