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Residential Tenancies Act 1986

The Tenancy Tribunal - Constitution and administration

67A: Appointment of temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator

You could also call this:

“How the government can choose someone to temporarily fill in for important rental dispute judges when needed”

Sometimes, the Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator might not be able to do their job. This could be because they are sick, away, or have another good reason. It could also be because they think it’s not right for them to make a decision about a particular case.

When this happens, the Governor-General can choose someone else to do the job for a while. This person is called an “acting” adjudicator. The Minister and the Minister of Justice work together to suggest who this person should be.

The person chosen to be an acting adjudicator must be qualified for the job. They need to meet the same requirements as someone who would normally be appointed to that position.

While they are doing the job, an acting adjudicator is treated just like a regular adjudicator. They have the same powers and responsibilities.

If anyone questions why an acting adjudicator was appointed or what they did while in the role, it won’t affect the decisions they made. The same goes for any decisions made by the Tenancy Tribunal during this time. Even if someone thinks the acting adjudicator wasn’t needed anymore, their actions and decisions still count.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS137793.

Topics:
Housing and property > Renting
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67: Constitution of Tribunal, or

“The law sets up a special group of people to help solve problems between landlords and tenants.”

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68: Term of office of Tenancy Adjudicators, or

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

Part 3 The Tenancy Tribunal
Constitution and administration

67AAppointment of temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator

  1. If the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the joint recommendation of the Minister and the Minister of Justice, may appoint a suitable person as the acting Principal Tenancy Adjudicator, the acting Deputy Principal Tenancy Adjudicator, or an acting Tenancy Adjudicator for the period or purpose stated in the appointment.

  2. No person may be appointed as an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator unless he or she is eligible for appointment to the relevant position.

  3. An acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator is, while acting in that position, to be treated as the Principal Tenancy Adjudicator, the Deputy Principal Tenancy Adjudicator, or a Tenancy Adjudicator.

  4. No appointment of an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator, no act done by an acting Principal Tenancy Adjudicator, acting Deputy Principal Tenancy Adjudicator, or acting Tenancy Adjudicator, and no act done by the Tenancy Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased.

Notes
  • Section 67A: inserted, on , by section 256 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).