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Residential Tenancies Act 1986

The Tenancy Tribunal - Constitution and administration

71A: Delegation by Principal Tenancy Adjudicator

You could also call this:

“The boss of the tenancy judges can give some of their jobs to other qualified judges.”

The Principal Tenancy Adjudicator can give some of their jobs to another Tenancy Adjudicator. This other person needs to have the right qualifications and skills to do the job. The Principal Tenancy Adjudicator must be sure that the person they choose can handle the work.

When the Principal Tenancy Adjudicator gives someone else a job to do, they have to write it down. They must name the person they’re giving the job to. The Principal Tenancy Adjudicator can take the job back at any time, but they have to write this down too. Even when someone else is doing the job, the Principal Tenancy Adjudicator can still do it themselves if they want to.

The person who gets the job can do it just as if they were the Principal Tenancy Adjudicator. If someone looks like they’re doing a job that was given to them, people can assume they’re allowed to do it unless there’s proof they’re not.

The person who gets the job will be paid for their work. The amount they get paid is decided according to section 69 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS278584.

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Part 3 The Tenancy Tribunal
Constitution and administration

71ADelegation by Principal Tenancy Adjudicator

  1. The Principal Tenancy Adjudicator may delegate any of his or her functions, duties, and powers to another Tenancy Adjudicator (including the Deputy Principal Tenancy Adjudicator) who holds the qualification described in section 67(2)(a) and who the Principal Tenancy Adjudicator 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 Principal Tenancy Adjudicator.

          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 section 69 for work undertaken in that capacity.

          Notes
          • Section 71A: inserted, on , by section 258 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
          • Section 71A(5): amended, on , by section 25 of the Remuneration Authority Legislation Act 2022 (2022 No 74).