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Parliamentary Debates (Hansard) - New Zealand Parliament

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3632 Local Government (Auckland Reorganisation) Bill 16 May 2009<br />

The question was put that the following amendment in the name of the Hon George<br />

Hawkins to be agreed to:<br />

to add the following new part:<br />

Part 11<br />

Auckland Transition Agency Review Commission<br />

38 Auckland Transition Agency Review Commission Established<br />

(1) The Auckland Transition Agency Review Commission is established immediately<br />

before the commencement of this section and which shall have the jurisdiction<br />

and powers conferred on it by or pursuant to this Act and any other Act.<br />

(2) The Commission is independent from the Auckland Transition Agency.<br />

39 Interpretation<br />

For the purposes of this part, Auckland Transition Agency Review<br />

Commission or Commission means the entity established by section 38.<br />

40 Membership of the Auckland Transition Agency Review Commission<br />

The Commission shall consist of the following members:<br />

(a) a Chair of the Commission:<br />

(b) five Commissioners.<br />

41 Eligibility for appointment as Chair of the Commission<br />

(1) A person shall not be appointed or hold office as Chair of the Commission unless<br />

he or she is, or is eligible to be, a District Court Judge. If an appointee is not a<br />

District Court Judge at the time of appointment as a Commissioner, he or she<br />

shall be appointed as a District Court Judge at that time.<br />

42 Eligibility for Commissioner<br />

When considering whether a person is suitable to be appointed as a<br />

Commissioner the Attorney-General shall have regard to the need to ensure that<br />

the Court possesses a mix of knowledge and experience in matters coming before<br />

the Court, including knowledge and experience in—<br />

(a) economic, commercial, and business affairs, local government, and<br />

community affairs:<br />

(b) planning, resource management, and heritage protection:<br />

(c) environmental science, including the physical and social sciences:<br />

(d) architecture, engineering, surveying, minerals technology, and building<br />

construction:<br />

(da) alternative dispute resolution processes:<br />

(e) matters relating to the Treaty of Waitangi and kaupapa Maori.<br />

43 Appointment of Commissioners<br />

(1) The Governor-General may, on the recommendation of the Attorney-General,<br />

after consultation with the Prime Minister, the Minister for Local Government<br />

and the Minister of Māori affairs, appoint a person as the Chair of the<br />

Commission.<br />

(2) The Commissioners shall hold office for the duration of the transition period.<br />

44 Oath of office<br />

A person appointed as a Commissioner shall, before undertaking any duties as<br />

such, take an oath of office that he or she will honestly and impartially perform<br />

the duties of the office.<br />

45 Special advisors<br />

(1) The Chair may appoint as a special advisor a person who is able to assist the<br />

Commission in a proceeding before it.<br />

(2) A special advisor is not a member of the Commission but may sit with it and<br />

assist it in any way the Commission determines.<br />

46 Registrar and other officers<br />

(1) The Commission—<br />

(a) shall have a Registrar; and<br />

(aa) may have 1 or more Deputy Registrars; and<br />

(b) may have other persons to assist it in an administrative capacity.<br />

(2) The Registrar, a Deputy Registrar, and every other person assisting the<br />

Commission shall—

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