New Zealand Legislation: Acts

8 Filling 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) of this section, 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—

  • (a) A vacancy occurs while Parliament is not in session or exists at the close of a session; and

  • (b) The House of Representatives has not recommended an appointment to fill the vacancy—

  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.

  (4) Any appointment made under subsection (3) of this section 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.