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Further Provisions on Commissioners and Alternate Commissioners

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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