9 Alternate Commissioners

(1)

The Governor-General may, on the recommendation of the Minister, appoint as alternate Commissioners persons who may be designated as the alternate of a Commissioner by either the Minister under subsection (2) or the Chief Commissioner under subsection (3).

(2)

The Minister may designate a Commissioner or an alternate Commissioner to act as the Chief Commissioner—

(a)

during the period following the resignation of the Chief Commissioner and ending when the Chief Commissioner’s successor comes into office; or

(b)

during the Chief Commissioner’s incapacity or in respect of a particular function or activity of the Commission, as the case may be, if—

(i)

the Minister is satisfied that the Chief Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or

(ii)

the Chief Commissioner considers it is not proper or desirable that he or she should participate in the function or activity.

(3)

The Chief Commissioner may designate an alternate Commissioner to act as a Commissioner during the period the Chief Commissioner is acting as Chief Commissioner, or during the period of the Commissioner’s incapacity, or in respect of a particular function or activity of the Commission, as the case may be, if—

(a)

the Chief Commissioner is a Commissioner acting as the Chief Commissioner under a designation under subsection (2); or

(b)

the Chief Commissioner is satisfied that any other Commissioner is incapacitated by illness, absence, or other sufficient cause from performing the duties of his or her office; or

(c)

a Judge who is for the time being holding office as a Commissioner declines to participate in, or withdraws from participation in, the particular function or activity of the Commission under section 20C(2); or

(d)

any other Commissioner considers it is not proper or desirable that he or she should participate in the function or activity of the Commission.

(4)

An alternate Commissioner designated under subsection (2) or subsection (3) must, while the alternate Commissioner acts as Chief Commissioner or as a Commissioner, be taken to be the Chief Commissioner or the Commissioner in whose place the alternate Commissioner acts.

(5)

No designation of an alternate Commissioner, and no act done by an alternate Commissioner, and no act done by the Commission while any alternate Commissioner is acting, may in any proceedings be questioned on the ground that the occasion for the alternate Commissioner’s designation had not arisen or had ceased.

Compare: 1977 No 49 s 7B; 1985 No 23 s 2

Section 9: substituted, on 1 January 2002, by section 5 of the Human Rights Amendment Act 2001 (2001 No 96).