Health and Disability Commissioner Act 1994 No 88 (as at 01 November 2008), Public Act

9 Deputy Commissioners
  • (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).