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Treaty of Waitangi Act 1975

4A: Deputy Chairperson

You could also call this:

"The Deputy Chairperson is a backup leader who can take over if the main leader is away or sick."

The Chairperson of the Tribunal can choose a Judge from the Maori Land Court to be their deputy. You might wonder what happens if the Chairperson is unable to do their job because they are sick or away. In that case, the deputy can do all the things the Chairperson would normally do.

If someone is acting as the deputy of the Chairperson, the things they do in that role cannot be questioned later. This means that even if someone thinks the deputy should not have been acting at that time, what they did is still valid. The Tribunal can still make decisions when the deputy is acting as the Chairperson.

The deputy can make decisions and take actions on behalf of the Chairperson, and these decisions will be accepted as if the Chairperson had made them. You can find more information about the changes to this rule in the Treaty of Waitangi Amendment Act 1998. This helps to ensure that the work of the Tribunal can continue even if the Chairperson is not available.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435504.

Topics:
Māori affairs > Treaty of WaitangiGovernment and voting > Government departments
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4: Waitangi Tribunal, or

"The Waitangi Tribunal is a group that helps solve important issues between the government and Maori people."

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4B: Appointment of Judge not to affect tenure, etc, or

"Being on the Tribunal doesn't change a Judge's job or benefits"

4ADeputy Chairperson

  1. The Chairperson of the Tribunal may from time to time appoint a Judge (including the Chief Judge) of the Maori Land Court as the deputy of the Chairperson of the Tribunal.

  2. In any case in which the Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause or during any vacancy in the office of Chairperson, the deputy of the Chairperson of the Tribunal shall have and may exercise all the powers, functions, and duties of the Chairperson.

  3. No acts done by a person holding office as the deputy of the Chairperson of the Tribunal in that person's capacity as such deputy, and no act done by the Tribunal while a deputy of the Chairperson of the Tribunal is acting as such deputy, shall in any proceedings be questioned on the ground that the occasion for the deputy's so acting had not arisen or had ceased.

Notes
  • Section 4A: inserted, on , by section 3 of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).
  • Section 4A(1): amended, on , by section 3 of the Treaty of Waitangi Amendment Act 1998 (1998 No 113).