New Zealand Legislation: Acts

16 chairperson may direct Commission to sit in Divisions

• (1) The chairperson may, by writing signed by him, direct that the powers of the Commission under this Act or any other Act in relation to any matter or class of matter, shall be exercised by separate Divisions of the Commission.

  (1A) The powers in subsection (1) are an exception to clause 14 of Schedule 5 of the Crown Entities Act 2004.

  (2) Each Division shall consist of such members as are for the time being assigned to that Division by the chairperson.

  (3) If the members appointed to any Division do not include either the chairperson or the deputy chairperson, the chairperson shall from time to time nominate the member who is to be chairperson of that Division.

  (4) In the absence of the member so nominated from any meeting of the Division, the members present shall appoint 1 of their number to be the chairperson of the Division for the purposes of that meeting.

  (5) For the purpose of the determination of a matter or class of matters specified in a direction given under subsection (1) of this section, the Commission shall be deemed to consist of the Division of the Commission specified in the direction; and the powers of any such Division shall not be affected by any changes or vacancies in its membership.

  (6) A Division of the Commission may exercise powers of the Commission under this Act or any other Act notwithstanding that another Division of the Commission is exercising powers of the Commission at the same time.

  (7) Any direction given under subsection (1) of this section may be revoked or amended by the chairperson by writing signed by him.

  Compare: 1975 No 113 s 7; 1976 No 67 s 7

  Section 16 was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the word “chairperson” for the word “Chairman” wherever it appears.

  Subsection (1) was amended, as from 15 April 2004, by section 5(1) Commerce Amendment Act 2004 (2004 No 23) by inserting the words “or any other Act” after the words “under this Act”.

  Subsection (1A) was inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

  Subsection (3) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “deputy chairperson” for the words “Deputy Chairman”.

  Subsection (6) was amended, as from 15 April 2004, by section 5(2) Commerce Amendment Act 2004 (2004 No 23) by inserting the words “or any other Act” after the words “under this Act”.