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Copyright Act 1994

Copyright Tribunal - Constitution

209A: Delegation by chairperson of Tribunal

You could also call this:

"The chairperson of the Tribunal can give some jobs to other members."

Illustration for Copyright Act 1994

The chairperson of the Tribunal can give some of their jobs to another member. You need to hold certain qualifications, like those set out in section 206(2)(b), and the chairperson must think you can do the job. The chairperson can take back these jobs at any time. When the chairperson gives someone a job, it must be in writing and to a specific person. The chairperson can still do the job themselves, even if they give it to someone else. If someone is given a job, they can do it in the same way as the chairperson. If someone seems to be doing a job they were given, you assume they are doing it correctly. The person doing the job gets paid for their work, and how much they get paid is decided according to section 210.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS273466.

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Part 10Copyright Tribunal
Constitution

209ADelegation by chairperson of Tribunal

  1. The chairperson of the Tribunal may delegate any of the chairperson’s functions, duties, and powers to a member of the Tribunal who holds the qualifications set out in section 206(2)(b) and the chairperson is satisfied has the necessary capability, skills, and experience to perform or exercise those functions, duties, and powers.

  2. A delegation—

  3. must be in writing; and
    1. must be to a named person; and
      1. is revocable at any time, in writing; and
        1. does not prevent the performance or exercise of a function, duty, or power by the chairperson.

          1. A person to whom any functions, duties, or powers are delegated may perform or exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

          2. A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

          3. A person to whom any functions, duties, or powers are delegated must be paid remuneration and expenses (if any) determined in accordance with section 210 for work undertaken in that capacity.

          Notes
          • Section 209A: inserted, on , by section 11 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).