All Members of the Government Caucus
PARLIAMENT BUILDINGS
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HUMAN RIGHTS REVIEW TRIBUNAL – MEMBER NOMINATIONS
I am writing to invite nominations for the appointment of additional members of the Human
Rights Review Tribunal.
The Human Rights Review Tribunal (the Tribunal) is established under section 93 of the
Human Rights Act 1993 (the Act). It comprises of a chairperson and one or more deputy
chairpersons There is a panel of members, two of whom are assigned by a chairperson or
deputy chairperson for each hearing. Three panel members must be lawyers.
The Tribunal hears and determines proceedings lodged pursuant to the Act, the Privacy Act
2020 and the Health and Disability Commissioner Act 1994 after complaints have first been
dealt with by either the Human Rights Commission, the Privacy Commissioner or the Health
and Disability Commissioner pursuant to their respective Acts.
Panel members are appointed for terms of up to five years and may from time to time be
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reappointed.
There is no specific qualification needed for the role, however in considering the suitability of
people, the Minister is required, under section 101 of the Act, to have regard to the need for
panel members to have between them knowledge of, or experience in:
(a)
different aspects of matters likely to come before the Tribunal
(b)
New Zealand law, or the law of another country, or international law, on human
rights
(c)
public administration, or the law relating to public administration
(d)
current economic, employment, or social issues
(e)
cultural issues and the needs and aspirations (including life experiences) of
different communities of interest and population groups in New Zealand
society.
The roles are part-time and members will be assigned for hearings by the Chairperson as
required. Remuneration is set under the Cabinet Fees Framework and is presently $568 per
day. More detail on the requirements of the role is contained in the
attached position profile.
Nominations should be accompanied by supporting curricula vitae and reach my office by
22
November 2024.
Yours sincerely
Hon Nicole McKee
Associate Minister of Justice
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POSITION PROFILE
Title:
Panel member, Human Rights Review Tribunal / Taraipiunara
Mana Tangata
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Appointed by:
Minister of Justice
Term:
Up to five years
Remuneration:
$568 per day (set under the Cabinet Fees Framework)
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The Tribunal
The Human Right Review Tribunal (the Tribunal) is established under the Human Rights Act
1993 (the Act) and comprises a Chairperson, Deputy Chairpersons and Panel Members, two
of whom are appointed for each hearing of the Tribunal and may also be appointed to hear
appeals to the High Court.
The Tribunal hears and determines proceedings under the Human Rights Act, the Privacy Act
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2020 and the Health and Disability Commissioner Act 1994 after complaints have first been
dealt with by the Human Rights Commission, the Privacy Commissioner or the Health and
Disability Commissioner pursuant to their respective Acts.
Workload
The workload of Panel members will vary according to their particular expertise and the
requirements of cases coming before the Tribunal, it will also vary depending on the number
of Panel members on the Panel. It is anticipated that on average Tribunal members may be
required to commit 10-20 days each year to hearings and the time required to deal with
preliminary and post hearing work and any training requirements.
Term of Office
Members are appointed to the Panel by the Minister of Justice for a period of up to 5 years
and may be reappointed.
Members may have their names removed from the Panel by giving written notice to the
Minister of Justice. A member is deemed to have vacated office if he or she dies or is adjudged
bankrupt. The Minister may remove a member from the Panel for disability affecting
performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the
Minister.
There is no provision in the Act for a member's term to continue at the end of his or her term.
However, a member's name is not removed from the Panel until the conclusion of any
hearings (and the subsequent decisions) in respect of which he or she was appointed prior to
the expiry of the member's term. The same applies if a member submits a request to be
removed from the Panel.
Location
Members of the Panel can be based anywhere in New Zealand and may be required to travel
to the site of hearings. The Tribunal usually holds hearings at the place where the alleged
breach of the relevant legislation has occurred.
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Conflicts of Interest
Members must declare to the Chairperson, or Deputy Chairperson, any associations which
might give rise to a conflict of interest and must decline to hear the case.
Criteria for Appointment
In considering the suitability of people for inclusion on the Panel the Minister must have
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regard to the need for the Panel to comprise members who between them have knowledge
of, or experience in:
• Different aspects of matters likely to come before the Tribunal;
• New Zealand law, or the law of another country, or international law, on human rights;
• Public administration, or the law relating to public administration;
• Current economic, employment, or social issues; and
• Cultural issues and the needs and aspirations (including life experiences) of different
communities of interest and population groups in New Zealand society.
Panel members are also required to be impartial, open minded, able to exercise good
judgment and have good communication skills. The Tribunal sits as a panel of at least three
for each hearing, accordingly the ability to work collegially as part of a panel is also important.
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Lawyers are also welcome to apply, but to be a lawyer member of the Tribunal you must have
been in practice for more than 5 years.
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