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Residential Tenancies Act 1986

The Tenancy Tribunal - Constitution and administration

68: Term of office of Tenancy Adjudicators

You could also call this:

“This explains how long people who help solve house renting problems can work in their job.”

When you become a Tenancy Adjudicator, you can work for up to 5 years. After that time, you might be asked to work for another term. If you’re doing a good job, you can keep working even after your term is over until someone new takes your place or you’re told you won’t be working anymore.

Sometimes, you might have to stop being a Tenancy Adjudicator before your time is up. This can happen if you can’t do your job properly, if you run out of money and can’t pay your debts, if you’re not doing your work, or if you’re behaving badly. The Governor-General, an important person in the government, decides if you need to stop working for these reasons.

If you want to stop being a Tenancy Adjudicator, you can write a letter to the Minister of Justice and say you’re quitting.

When your time as a Tenancy Adjudicator is almost over, you can keep working until you’re asked to work again, someone new takes your job, or you’re told that you won’t be working anymore and no one new will take your place.

If you keep working after your time is supposed to be over, you can finish any work you’ve already started. You can also start new work if needed.

Even if you’ve quit or someone is taking your place, you can still finish any work you’ve already started.

When we talk about Tenancy Adjudicators, we also mean the main Tenancy Adjudicator (called the Principal) and their helper (called the Deputy Principal).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM95554.

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Part 3 The Tenancy Tribunal
Constitution and administration

68Term of office of Tenancy Adjudicators

  1. Every Tenancy Adjudicator must be appointed for a term of up to 5 years commencing on the date of the appointment or on such other date as may be specified in the instrument of appointment.

  2. A person appointed under subsection (1) may be reappointed.

  3. Repealed

  4. Any Tenancy Adjudicator may at any time be removed from office by the Governor-General for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

  5. Any Tenancy Adjudicator may at any time resign by writing addressed to the Minister of Justice.

  6. Where the term of office of any Tenancy Adjudicator expires, that Adjudicator shall, unless sooner vacating office under subsection (3) or subsection (4), continue in office until—

  7. that person is reappointed; or
    1. a successor to that person is appointed; or
      1. that person is informed in writing by the Minister of Justice and the Minister that that person is not to be reappointed and that a successor to that person is not to be appointed.

        1. A Tenancy Adjudicator who continues in office for any period under subsection (5) may act as an Adjudicator during that period for the purpose of—

        2. completing any proceedings partly or wholly heard by the Tribunal before the expiry of his or her term of office:
          1. hearing any other proceedings.

            1. A Tenancy Adjudicator 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.

            2. In this section, Tenancy Adjudicator includes the Principal Tenancy Adjudicator and the Deputy Principal Tenancy Adjudicator.

            Notes
            • Section 68(1): amended, on , by section 257(1) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 68(1A): inserted, on , by section 257(2) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 68(2): repealed, on , by section 51(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
            • Section 68(3): amended, on , by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).
            • Section 68(5): replaced, on , by section 29 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
            • Section 68(5)(c): amended, on , by section 51(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).
            • Section 68(6): replaced, on , by section 257(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 68(7): inserted, on , by section 257(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
            • Section 68(8): inserted, on , by section 257(3) of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).