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Immigration Advisers Licensing Act 2007

Regulation of immigration advisers - Immigration Advisers Complaints and Disciplinary Tribunal

41B: Delegation by chair of Tribunal

You could also call this:

“The Tribunal's chair can give their tasks to other members”

The chair of the Immigration Advisers Complaints and Disciplinary Tribunal can give some of their jobs to another member of the Tribunal. This is called delegation. The chair can only do this if they think the other member is good enough to do the job.

When the chair delegates a job, they have to write it down. They must say exactly who they are giving the job to. The chair can take the job back at any time, but they have to write this down too. Even if the chair gives a job to someone else, they can still do that job themselves if they want to.

The person who gets the job from the chair can do it just as if they were the chair. They have the same power to make decisions.

If you see someone doing a job that the chair usually does, you can assume they have been given permission to do it unless you have proof that they haven’t.

The person who gets the job from the chair will be paid for their work. The amount they get paid is decided according to clause 4 of the Schedule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS277885.

Topics:
Immigration and citizenship > Visas Government and voting > Government departments
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"The Tribunal chair keeps things running smoothly and efficiently"

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"The Ministry of Justice helps the Tribunal do its job"

Part 1 Regulation of immigration advisers
Immigration Advisers Complaints and Disciplinary Tribunal

41BDelegation by chair of Tribunal

  1. The chair of the Tribunal may delegate any of the chair’s functions, duties, and powers to a member of the Tribunal who he or she 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 chair.

          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 clause 4 of the Schedule for work undertaken in that capacity.

          Notes
          • Section 41B: inserted, on , by section 109 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).