Conditions applying to replacement appointments

1 An appointment made under clause 5AA or clause 5AB may be made before or after the Tribunal has begun to inquire into a particular claim or other matter under section 5(1) . 2 The power conferred on the Chairperson by clauses 5AA and 5AB may be exercised only if— a the presiding officer or member holding office under clause 5(1) has ceased to hold office— i as provided for in clause 2 ; or ii in the case of a Judge of the Maori Land Court, as provided for in section 12 of Te Ture Whenua Maori Act 1993 : b the personal circumstances of the presiding officer or member holding office under clause 5(1) make that person unable by reason of his or her physical or mental condition to continue to participate in the inquiry into the particular claim or other matter: c it would be unreasonable to expect the presiding officer or member holding office under clause 5(1) to continue to participate in the inquiry into the particular claim or other matter because of his or her personal circumstances. 3 If the Tribunal has commenced its inquiry into the particular claim or other matter, the Chairperson must not exercise the power conferred by clause 5AA or clause 5AB unless— a there is an adequate record of the inquiry that has already been heard by the Tribunal; and b it is reasonable to expect the person appointed to the Tribunal under clause 5AA or clause 5AB to review the record of that inquiry. 4 For the avoidance of doubt, the power conferred by clauses 5AA and 5AB may be exercised even if the relevant circumstance under subclause (2) arose before the commencement of the Treaty of Waitangi Amendment Act 2003 . Schedule 2 clause 5AC : inserted , on 10 April 2003 , by section 4 of the Treaty of Waitangi Amendment Act 2003 (2003 No 13).