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14. Service
as Commissioners---No person shall be deemed to be employed in the service of
Her Majesty for the purposes of the State Sector Act 1988 or the Government
Superannuation Fund Act 1956 by reason of that person's appointment as a
Commissioner or as an alternate Commissioner. [Cf. 1971, No. 150, s. 34; 1977,
No. 49, s. 7 (4); 1985, No. 23, s. 3 (1)]
15.
Appointment of Judge as Human Rights Commissioner---(1) The appointment of a
Judge as a Commissioner or alternate Commissioner or service by a Judge as a
Commissioner or alternate Commissioner does not affect his or her tenure of
judicial office or his or her rank, title, status, precedence, salary, annual or
other allowances or other rights or privileges as a Judge (including those in
relation to superannuation), and, for all purposes, his or her service as a
Commissioner or alternate Commissioner shall be taken to be service as a Judge.
(2)
Any Judge who is for the time being holding office as a Commissioner may at any
time decline to participate in, or withdraw from participation in, any
particular function or activity of the Commission if the Judge considers it
incompatible with his or her judicial office. [Cf. 1977, No. 49, ss. 7 (5A), 7A;
1983, No. 56, ss. 4 (3), 5; 1985, No. 23, s. 3 (1)]
16. Privacy
Commissioner may withdraw from participation---The Privacy Commissioner may at
any time decline to participate in, or withdraw from participation in, any
particular function or activity of the Commission if---
(a)
He or she considers it incompatible with the function of the Privacy
Commissioner or with the office of Privacy Commissioner; or
(b)
In any case where the Privacy Commissioner is a Judge, he or she
considers it incompatible with his or her judicial office. [Cf. 1977, No. 49, s.
7 (7); 1991, No. 132, s. 3 (3)]
17. Terms of
office of Commissioners appointed under this Act---(1) Every Commissioner and
alternate Commissioner appointed under this Act shall hold office for such term
as the Governor-General on the recommendation of the Minister shall specify in
his or her appointment, being a term not exceeding 5 years, but may from time to
time be reappointed.
(2) Every Commissioner and alternate Commissioner appointed under this Act,
unless he or she sooner vacates or is removed from office under section 18 of
this Act, shall continue in office until his or her successor comes into office,
notwithstanding that the term for which he or she was appointed may have
expired. [Cf. 1971, No. 150, s. 12 (1), (2); 1977, No. 49, s. 8; 1985, No. 23,
s. 3 (1)]
18. Vacation of
office---(1) A Commissioner or an alternate Commissioner appointed under this
Act may at any time resign office by delivering a notice in writing to that
effect to the Minister.
(2) A Commissioner or an alternate Commissioner appointed under this Act shall
be deemed to have vacated office if he or she dies or is, under the Insolvency
Act 1967, adjudged bankrupt.
(3) A Commissioner or an
alternate Commissioner appointed under this Act may at any time be removed from
office by the Governor-General for disability affecting performance of duty,
neglect of duty, or misconduct, proved to the satisfaction of the
Governor-General.
(4) Subsections (2) and (3) of
this section do not apply (except in the event of the death of the Commissioner
or alternate Commissioner) to a Commissioner or an alternate Commissioner who is
a Judge; but nothing in this subsection shall limit the application of those
sections to a Commissioner or alternate Commissioner who ceases to be a Judge
during his or her term of office as a Commissioner or alternate Commissioner.
(5) The powers and functions
of the Commission shall not be affected by any vacancy in its membership. [Cf.
1971, No. 150, s. 12 (3); 1977, No. 49, s. 9; 1983, No. 56, s. 6; 1985, No. 23,
s. 3 (1)]
19. Meetings of
Commission---(1) Meetings of the Commission shall be held at such times and
places as the Commission or the Chairperson may from time to time appoint.
(2) The Chairperson, or any 3 Commissioners, may at any time call a special
meeting of the Commission.
(3) At any meeting of the
Commission the quorum necessary for the transaction of business shall be 3
Commissioners.
(4) The Chairperson shall
preside at all meetings of the Commission at which he or she is present. In the
absence of the Chairperson from any meeting, the Commissioners present shall
appoint one of their number to be the Chairperson for the purposes of that
meeting.
(5) At any meeting of the
Commission the presiding member shall have a deliberative vote and, in the case
of an equality of votes, shall also have a casting vote.
(6) All questions arising at
any meeting of the Commission shall be decided by a majority of the valid votes
recorded thereon.
(7) Subject to the provisions
of this Act and of any regulations made under this Act, the Commission may
regulate its procedure in such manner as it thinks fit and may prescribe or
approve forms for the purposes of this Act. [Cf. 1977, No. 49, s. 10]
20.
Further provisions relating to Commission and Race Relations Conciliator---The
provisions of the First Schedule to this Act shall have effect in relation to
the Commission and the Race Relations Conciliator.
Posted on 2002-08-26
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