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Taxation Review Authorities Act 1994

Taxation Review Authorities

6: Term of office of an Authority

You could also call this:

"How long Authorities stay in their job"

Illustration for Taxation Review Authorities Act 1994

You are an Authority for up to 5 years. The Governor-General decides this. You can be reappointed. If you are an Authority, you can be suspended or removed from office for certain reasons. You stay in office even after your term ends. This is until you are reappointed, a new Authority is appointed, or you are told you will not be replaced. As an Authority, you can keep working after your term ends. This is to finish any proceedings that are partly or wholly heard. You can also hear other proceedings or state a case for the High Court. If you resign or a new Authority is appointed, you can still finish any proceedings. This is if they are partly or wholly heard.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM347467.

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Topics:
Government and voting > Government departments
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Part 2Taxation Review Authorities

6Term of office of an Authority

  1. Except as otherwise provided in this Act, every person appointed as an Authority must be appointed for a term of up to 5 years, as the Governor-General thinks fit, and may from time to time be reappointed.

  2. Repealed

  3. Any person appointed as an Authority may at any time be suspended or removed from office by the Governor-General for engaging in any occupation for reward outside the duties of that office, or for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General, or may at any time resign that office by writing addressed to the Minister of Justice: provided that, where the terms of appointment of any person appointed as an Authority permit the person to engage in any occupation for reward outside the duties of the person’s office, the person shall not be liable to be suspended or removed from office under this subsection by reason of the person so engaging in any occupation for reward so permitted.

  4. An Authority continues in office despite the expiry of his or her term of office until—

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

          1. An Authority who continues in office for any period under subsection (4), unless he or she was removed from office, may act as an Authority during that period for the purpose of—

          2. completing any proceedings partly or wholly heard by the Authority before the expiry of his or her term of office:
            1. hearing any other proceedings:
              1. stating a case for the High Court from a decision given by the Authority.

                1. An Authority 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.

                Compare
                • 1974 No 133 s 24
                Notes
                • Section 6(1): amended, on , by section 313(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 6(2): repealed, on , by section 313(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 6(3): amended, on , by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).
                • Section 6(4): replaced, on , by section 313(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 6(5): inserted, on , by section 313(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
                • Section 6(6): inserted, on , by section 313(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).