(1) One or more Deputy Health and Disability Commissioners may be appointed in the same way as the Commissioner is appointed, except that the Minister must consult the Commissioner before recommending a person for appointment as a Deputy Commissioner.
(2) A Deputy Commissioner has any powers, duties, and functions that—
(a) the Commissioner delegates to the Deputy Commissioner under section 68(3A); and
(b) the Deputy Commissioner may exercise and perform under subsection (3).
(3) During the absence of the Commissioner from duty (for any reason) or a vacancy in the office of the Commissioner (for any reason), the powers, duties, and functions of the Commissioner may be exercised and performed by—
(a) the Deputy Commissioner who was nominated for the purpose by the Commissioner before the absence or vacancy by a written notice that is in force at the time of the absence or vacancy; or
(b) if there is no such notice, the Deputy Commissioner who has been Deputy Commissioner for the longest time.
Section 9: substituted, on 25 January 2005, by section 4 of the Health and Disability Commissioner Amendment Act 2007 (2007 No 62).