Heading: inserted, on 1 April 2002, by section 15(1) of the Commerce Amendment Act 2001 (2001 No 32).
(1) The Governor-General, on the recommendation of the Minister (which recommendation may be given only after consultation by the Minister with the Attorney-General), must appoint 2 persons as Commissioners for the sole purpose of hearing cease and desist applications in accordance with sections 74A to 74C.
(2) The Minister may not recommend a person for appointment as a Commissioner unless that person—
(a) is a barrister or solicitor; and
(b) would qualify for appointment as a member of the Commission under section 9(4)(a) of this Act and sections 29(2) and 30(2) of the Crown Entities Act 2004.
(3) The notice of appointment must—
(i) the date on which the appointment takes effect; and
(ii) the term of appointment, which may be 5 years or any shorter period that is stated in the notice; and
(b) be published by the Minister in the Gazette as soon as practicable after being given.
(4) Section 106 of this Act and sections 31, 32(2) to (4), 34, 35, 39 to 45, 47, 48, 62 to 68, 122 to 126 (as applied by section 106(3B) of this Act), and 188 to 190 of the Crown Entities Act 2004 apply to a Commissioner, with any necessary modification, as if he or she were a member of the Commission.
(5) A Commissioner must act independently of the Commission in carrying out his or her functions under this Act.
(6) The Commission must include in its annual report under section 150 of the Crown Entities Act 2004 the information in section 152(1)(a) and (d) to (f) of that Act, in respect of each Commissioner.
Section 74AA: inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).