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Copyright Act 1994

Copyright Tribunal - Constitution

207: Term of office of members of Tribunal

You could also call this:

"How long Tribunal members stay in their job"

Illustration for Copyright Act 1994

You are a member of the Tribunal for a term of up to 5 years. You can hold other offices at the same time and be reappointed. You stay in office until you are reappointed, a new member is appointed, or you leave the office. You can keep working as a member to finish any cases that were partly or fully heard before your term ended. This also applies if you have resigned or your replacement is appointed. The Tribunal can still make decisions even if there is a vacancy. The rules about the Tribunal are found in the Copyright Act 1994, which was amended by the Tribunals Powers and Procedures Legislation Act 2018, you can find more information about this on the New Zealand legislation website https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7374146.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346876.

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Part 10Copyright Tribunal
Constitution

207Term of office of members of Tribunal

  1. Every member of the Tribunal shall hold office for a term not exceeding 5 years.

  2. Any member of the Tribunal may hold that office concurrently with any other office held by him or her and may from time to time be reappointed.

  3. A member of the Tribunal continues in office despite the expiry of his or her term of office until—

  4. the member is reappointed; or
    1. the member’s successor is appointed; or
      1. the member is notified that a replacement member will not be appointed; or
        1. the member vacates or is removed from office.

          1. A member who continues in office for any period under subsection (3), unless he or she was removed from office, may act as a member during that period for the purpose of—

          2. completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
            1. hearing any other proceedings.

              1. A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard.

              2. The powers of the Tribunal shall not be affected by any vacancy in its membership.

              Compare
              • 1962 No 33 s 30(3)–(6)
              Notes
              • Section 207(3): replaced, on , by section 9 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
              • Section 207(3A): inserted, on , by section 9 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
              • Section 207(3B): inserted, on , by section 9 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).