Sittings of Tribunal

1 The persons to constitute the Tribunal for the purposes of any sitting of the Tribunal shall comprise— a as presiding officer— i the Chairperson; or ii a Judge of the Maori Land Court appointed by the Chairperson to act as presiding officer; or iii a member of the Tribunal appointed by the Chairperson to act as presiding officer; and b such other members of the Tribunal (being not less than 2 and not more than 6) as are appointed by the Chairperson. 2 Only a member of the Tribunal who is a barrister or solicitor of the High Court of at least 7 years' standing, shall be qualified for appointment as presiding officer under subclause (1)(a)(iii). 3 Where a Judge of the Maori Land Court acts as presiding officer pursuant to subclause (1)(a)(ii), that Judge shall, while he or she holds office as presiding officer, be deemed to be a member of the Tribunal. 4 Sittings of the Tribunal shall be held at such times and places as the Tribunal or the presiding officer from time to time appoints. 5 Any sitting of the Tribunal may be adjourned from time to time and from place to place by the Tribunal or the presiding officer. 6 The powers conferred on the Tribunal are exercisable notwithstanding the absence from any sitting of the Tribunal of any of the persons constituting the Tribunal for the purposes of the sitting so long as— a the presiding officer is present; and b at least 2 of the other members constituting the Tribunal for the purposes of the sitting are present; and c at least one of the members present is Maori. 7 In the event of disagreement in respect of any matter, the decision of the majority of the members dealing with the matter shall be the decision of the Tribunal, and, where those members are equally divided, the decision of the presiding officer shall be the decision of the Tribunal. 8 The Tribunal may meet in private or in public, as the Tribunal from time to time decides. The presiding officer shall cause such notice as he or she thinks fit to be given of any public sitting of the Tribunal to persons likely to be affected thereby. 9 Except as expressly provided in this Act, the Tribunal may regulate its procedure in such manner as it thinks fit, and in doing so may have regard to and adopt such aspects of te kawa o te marae as the Tribunal thinks appropriate in the particular case, but shall not deny any person the right to speak during the proceedings of the Tribunal on the ground of that person's sex. 10 After consulting whoever, in his or her opinion, is appropriate, the Chairperson of the Tribunal may issue practice notes as to the practice and procedure of the Tribunal. Schedule 2 clause 5 : replaced , on 1 January 1989 , by section 7(1) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233). Schedule 2 clause 5(10) : inserted , on 13 December 2006 , by section 7 of the Treaty of Waitangi Amendment Act 2006 (2006 No 77).