Copyright Act 1994

Copyright Tribunal - Constitution

209: Appointment of temporary acting chairperson or members

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If the chairperson or a member of the Tribunal cannot work due to illness or other reasons, the Governor-General can appoint someone else to act in their place. You need to be eligible for the position to be appointed as an acting chairperson or member. 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 as an acting chairperson or member, or if they do something in that role, it cannot be questioned later on the grounds that they should not have been appointed. The Governor-General makes the appointment on the recommendation of the Minister, and in the case of an acting chairperson, after talking to the Minister of Justice. The appointment can be for a specific period or purpose, and it is made according to the rules. The acting chairperson or member is treated as a real member of the Tribunal while they are acting, and their actions are valid. You can find more information about the changes to this law in the Tribunals Powers and Procedures Legislation Act 2018. The law says what happens when someone is appointed to act in a position, and it is important to follow the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM346878.

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Part 10Copyright Tribunal
Constitution

209Appointment of temporary acting chairperson or members

  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, made, in the case of an acting chairperson, after consultation with the Minister of Justice, 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 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 209: replaced, on , by section 10 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).