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Environment Act 1986

Parliamentary Commissioner for the Environment - Administrative provisions

8: Filling of vacancy

You could also call this:

"What happens when the Commissioner's job becomes empty and how it gets filled again"

Illustration for Environment Act 1986

If the Commissioner dies, resigns, or is removed, you need to fill the vacancy as soon as possible. You fill the vacancy by appointing a new Commissioner, which the Governor-General does after the House of Representatives recommends someone. The Governor-General can also appoint someone if Parliament is not in session. If the Governor-General appoints someone while Parliament is not in session, the appointment will end and the office will be vacant again. This happens unless the House of Representatives confirms the appointment within 24 sitting days. You count the 24 sitting days from the date the Governor-General made the appointment. The Governor-General can appoint a successor in certain situations, such as when a vacancy occurs while Parliament is not in session. In these situations, the Governor-General makes the appointment with the agreement of their council. The House of Representatives must still confirm the appointment later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM99731.

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Part 1Parliamentary Commissioner for the Environment
Administrative provisions

8Filling of vacancy

  1. If the Commissioner dies, or resigns from office, or is removed from office, the vacancy thereby created shall be filled as soon as practicable in accordance with this section.

  2. Subject to subsection (3), a vacancy in the office of Commissioner shall be filled by the appointment of a Commissioner by the Governor-General on the recommendation of the House of Representatives.

  3. If—

  4. a vacancy occurs while Parliament is not in session or exists at the close of a session; and
    1. the House of Representatives has not recommended an appointment to fill the vacancy—
        1. the vacancy, at any time before the commencement of the next ensuing session of Parliament, may be filled by the appointment of a successor by the Governor-General in Council.

      1. Any appointment made under subsection (3) shall lapse and the office shall again become vacant unless, before the end of the 24th sitting day of the House of Representatives following the date of the appointment, the House confirms the appointment.