The Tribunal constituted by section 45 of the Human Rights Commission Act 1977 and, immediately before 1 January 2002 (being the date of the commencement of the Human Rights Amendment Act 2001), known as the Complaints Review Tribunal shall continue in being, and, on and after 1 January 2002, is called the Human Rights Review Tribunal.
Subpart 1. Functions and powers of Tribunal
94. Functions of Tribunal
The functions of the Tribunal shall be—
to consider and adjudicate upon proceedings brought pursuant to sections 92B, 92E, 95, and 97:
to exercise and perform such other functions, powers, and duties as are conferred or imposed on it by or under this Act or any other enactment.
95. Power to make interim order
In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Chairperson of the Tribunal shall have power to make an interim order if he or she is satisfied that it is necessary in the interests of justice to make the order to preserve the position of the parties pending a final determination of the proceedings.
An application for an interim order may be made,—
in the case of proceedings under section 92B(1), (2), (3), or (4), by the person or body bringing the proceedings; and
in the case of proceedings under section 92E, by the Commission.
A copy of the application shall be served on the defendant who shall be entitled to be heard before a decision on the application is made.
96. Review of interim orders
Where an interim order has been made, the defendant may, with the leave of the Tribunal and instead of appealing against the order, apply to the High Court to vary or rescind the order unless that order was made with the defendant’s consent.
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97. Power in respect of exception for genuine occupational qualification or genuine justification
The Tribunal may exercise the power referred to in subsection (2), but only—
in respect of a matter in which it has jurisdiction under this Act to make a final determination; and
on an application by the Commission, a person or persons against whom a complaint under section 76(2)(a) has been made, or a person who is the subject of an inquiry under section 5(2)(h).
The power is to declare that an act, omission, practice, requirement, or condition that would otherwise be unlawful under Part 2 is not unlawful because it constitutes either or both—
a genuine occupational qualification, in respect of sections 22 to 41:
a genuine justification, in respect of sections 42 to 60.
Subpart 2. Constitution of Tribunal
98. Membership of Tribunal
The Tribunal shall consist of—
a Chairperson; and
2 other persons appointed by the Chairperson for the purposes of each hearing from a panel maintained by the Minister under section 101.
99. Chairpersons of Tribunal
Every Chairperson of the Tribunal shall be appointed by the Governor-General on the recommendation of the Minister.
Where the Governor-General on the recommendation of the Minister considers it necessary, the Governor-General may appoint 2 persons to the office of Chairperson of the Tribunal.
Where there are 2 Chairpersons of the Tribunal, each Chairperson shall exercise principally those parts of the Tribunal’s jurisdiction that are specified from time to time in his or her warrant of appointment but nothing shall prevent each Chairperson from exercising any other part of the Tribunal’s jurisdiction.
Where a second Chairperson of the Tribunal is appointed, a new warrant of appointment may be issued to the existing Chairperson specifying the parts of the Tribunal’s jurisdiction that the existing Chairperson is principally to exercise.
In this Part, a reference to the Chairperson or the Chairperson of the Tribunal shall be read as a reference to either Chairperson where there are 2 Chairpersons of the Tribunal.
99A. Criteria and requirement for appointment of Chairpersons
In recommending a person for appointment as a Chairperson of the Tribunal, the Minister must have regard not only to the matters stated in section 101(2) but also to the person’s—
experience in dispute resolution:
experience as a Chairperson and in other leadership roles:
ability to perform the functions of a Chairperson of the Tribunal.
Every person appointed as a Chairperson of the Tribunal must be a barrister or solicitor of the High Court of not less than 5 years’ practice.
100. Appointment and term of office
[Repealed]
Except as otherwise provided in section 103, every person appointed as a Chairperson of the Tribunal shall hold office for such term, not exceeding 5 years, as the Governor-General on the recommendation of the Minister shall specify in the instrument appointing that Chairperson.
Any person appointed as a Chairperson may hold that office concurrently with any other office held by him or her and may from time to time be reappointed.
Where the term for which a Chairperson has been appointed expires, that Chairperson, unless sooner vacating or removed from office under section 103, shall continue to hold office, by virtue of the appointment for the term that has expired, until—
that Chairperson is reappointed; or
a successor to that Chairperson is appointed; or
that Chairperson is informed in writing by the Minister that that Chairperson is not to be reappointed and that a successor to that Chairperson is not to be appointed.
101. Panel
The Minister shall maintain a panel of not more than 20 persons who may be appointed pursuant to section 98.
In considering the suitability of persons for inclusion on the panel, the Minister must have regard to the need for persons included on the panel to have between them 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:
cultural issues and the needs and aspirations (including life experiences) of different communities of interest and population groups in New Zealand society.
At least 3 members of the panel must be barristers or solicitors of the High Court of not less than 5 years’ practice.
The name of a person shall be removed from the panel if—
the person dies or is, under the Insolvency Act 2006, adjudged bankrupt; or
the Minister directs that the name of the person be removed from the panel for disability affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Minister; or
a period of 5 years has elapsed since the date on which the Minister last approved the entry of the person’s name; or
the person requests by writing addressed to the Minister that his or her name be removed.
Where subsection (3)(c) or subsection (3)(d) applies, the name of the person shall not be removed from the panel until any hearings in respect of which that person was appointed to the Tribunal have concluded.
102. Deputy Chairperson
In any case in which a Chairperson of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if a Chairperson deems it not proper or desirable that he or she should adjudicate on any specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person to be the deputy of that Chairperson to act for that Chairperson for the period or purpose stated in the appointment.
No person shall be appointed as a Deputy Chairperson unless he or she is eligible for appointment as a Chairperson.
Every Deputy Chairperson appointed under this section shall, while acting for a Chairperson, be deemed to be a Chairperson of the Tribunal.
No appointment of a Deputy Chairperson, and no act done by a Deputy Chairperson as such, and no act done by the Tribunal while he or she is acting as such, shall in any proceedings be questioned on the ground that the occasion for the appointment had not arisen or had ceased.
103. Vacation of office by Chairperson and Deputy Chairperson
A Chairperson and any Deputy Chairperson of the Tribunal may at any time resign his or her office by delivering a notice in writing to that effect to the Minister.
A Chairperson and any Deputy Chairperson of the Tribunal shall be deemed to have vacated his or her office if he or she dies or is, under the Insolvency Act 2006, adjudged bankrupt.
A Chairperson and any Deputy Chairperson of the Tribunal 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.
Subpart 3. Procedure of Tribunal
104. Sittings of Tribunal
Sittings of the Tribunal shall be held at such times and places as the Tribunal or Chairperson from time to time appoints.
Any sitting may be adjourned from time to time and from place to place by the Tribunal or a Chairperson or by the Secretary to the Tribunal.
No sitting of the Tribunal shall take place unless all the members are present, but the decision of a majority of the members shall be the decision of the Tribunal.
A Chairperson shall preside at all sittings of the Tribunal.
Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal may regulate its procedure in such manner as the Tribunal thinks fit and may prescribe or approve forms for the purposes of this Act.
105. Substantial merits
The Tribunal must act according to the substantial merits of the case, without regard to technicalities.
In exercising its powers and functions, the Tribunal must act—
in accordance with the principles of natural justice; and
in a manner that is fair and reasonable; and
according to equity and good conscience.
106. Evidence in proceedings before Tribunal
The Tribunal may—
call for evidence and information from the parties or any other person:
request or require the parties or any other person to attend the proceedings to give evidence:
fully examine any witness:
receive as evidence any statement, document, information, or matter that may, in its opinion, assist to deal effectively with the matter before it, whether or not it would be admissible in a court of law.
The Tribunal may take evidence on oath, and for that purpose any member or officer of the Tribunal may administer an oath.
The Tribunal may permit a person appearing as a witness before it to give evidence by tendering a written statement and, if the Tribunal thinks fit, verifying it by oath.
Subject to subsections (1) to (3), the Evidence Act 2006 shall apply to the Tribunal in the same manner as if the Tribunal were a court within the meaning of that Act.
107. Sittings to be held in public except in special circumstances
Except as provided by subsections (2) and (3), every hearing of the Tribunal shall be held in public.
The Tribunal may deliberate in private as to its decision in any matter or as to any question arising in the course of any proceedings before it.
Where the Tribunal is satisfied that it is desirable to do so, the Tribunal may, of its own motion or on the application of any party to the proceedings,—
order that any hearing held by it be heard in private, either as to the whole or any portion thereof:
make an order prohibiting the publication of any report or account of the evidence or other proceedings in any proceedings before it (whether heard in public or in private) either as to the whole or any portion thereof:
make an order prohibiting the publication of the whole or part of any books or documents produced at any hearing of the Tribunal.
Every person commits an offence and is liable on conviction to a fine not exceeding $3,000 who acts in contravention of any order made by the Tribunal under subsection (3)(b) or subsection (3)(c).
108. Persons entitled to be heard
Any person who is a party to the proceedings before the Tribunal, and any person who satisfies the Tribunal that he or she has an interest in the proceedings greater than the public generally, may appear and may call evidence on any matter that should be taken into account in determining the proceedings.
If any person who is not a party to the proceedings before the Tribunal wishes to appear, the person must give notice to the Tribunal and to every party before appearing.
A person who has a right to appear or is allowed to appear before the Tribunal may appear in person or be represented by his or her counsel or agent.
108A. Tribunal to give notice of proceedings
The Tribunal must notify the Attorney-General promptly of the bringing of proceedings before the Tribunal alleging a breach of Part 1A, or alleging a breach of Part 2 by a person or body referred to in section 3 of the New Zealand Bill of Rights Act 1990, if the Attorney-General is not a party to the proceedings.
108B. Submissions in relation to remedies
Before the Tribunal grants any remedy under Part 3, it must give the parties to the proceedings and, if the remedy under consideration is a declaration under section 92J, the Attorney-General, an opportunity to make submissions on—
the implications of granting that remedy; and
the appropriateness of that remedy.
Subsection (1) does not limit any provision in Part 3 or section 108.
109. Witness summons
The Tribunal may, if it considers it necessary, of its own motion, or on the application of any party to the proceedings, issue a witness summons to any person requiring that person to attend before the Tribunal to give evidence at the hearing of the proceedings.
The witness summons shall state—
the place where the person is to attend; and
the date and time when the person is to attend; and
the papers, documents, records, or things which that person is required to bring and produce to the Tribunal; and
the entitlement to be tendered or paid a sum in respect of allowances and travelling expenses; and
the penalty for failing to attend.
The power to issue a witness summons may be exercised by the Tribunal or a Chairperson, or by any officer of the Tribunal purporting to act by the direction or with the authority of the Tribunal or a Chairperson.
110. Service of summons
A witness summons may be served—
by delivering it personally to the person summoned; or
by posting it by registered letter addressed to the person summoned at that person’s usual place of residence.
The summons shall,—
where it is served under subsection (1)(a), be served at least 24 hours before the attendance of the witness is required; or
where it is served under subsection (1)(b), be served at least 10 days before the date on which the attendance of the witness is required.
If the summons is posted by registered letter, it shall be deemed for the purposes of subsection (2)(b) to have been served at the time when the letter would be delivered in the ordinary course of post.
111. Witnesses’ allowances
Every witness attending before the Tribunal to give evidence pursuant to a summons shall be entitled to be paid witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations shall apply accordingly.
On each occasion on which the Tribunal issues a summons under section 109(1), the Tribunal, or the person exercising the power of the Tribunal under subsection (3) of that section, shall fix an amount which, on the service of the summons, or at some other reasonable time before the date on which the witness is required to attend, shall be paid or tendered to the witness.
The amount fixed under subsection (2) shall be the estimated amount of the allowances and travelling expenses to which, in the opinion of the Tribunal or person, the witness will be entitled according to the prescribed scales if the witness attends at the time and place specified in the summons.
Where a party to the proceedings has requested the issue of the witness summons, the fees, allowances, and travelling expenses payable to the witness shall be paid by that party.
Where the Tribunal has of its own motion issued the witness summons, the Tribunal may direct that the amount of those fees, allowances, and travelling expenses—
form part of the costs of the proceedings; or
be paid from money appropriated by Parliament for the purpose.
112. Privileges and immunities
Witnesses and counsel appearing before the Tribunal shall have the same privileges and immunities as witnesses and counsel have in proceedings in a District Court.
113. Non-attendance or refusal to co-operate
Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to the Tribunal any papers, documents, records, or things, without sufficient cause,—
fails to attend in accordance with the summons; or
refuses to be sworn or to give evidence, or, having been sworn, refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer concerning the proceedings; or
fails to produce any such paper, document, record, or thing.
Every person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,500.
No person summoned to attend before a Tribunal shall be convicted of an offence against subsection (1) unless there was tendered or paid to that person travelling expenses in accordance with section 111.
114. Power to commit for contempt
If any person—
assaults, threatens, or intimidates, or intentionally insults, the Tribunal or any member of it or any special adviser to or officer of the Tribunal, during a sitting of the Tribunal, or in going to, or returning from, any sitting; or
intentionally interrupts the proceedings of the Tribunal or otherwise misbehaves while the Tribunal is sitting; or
intentionally and without lawful excuse disobeys an order or direction of a member of the Tribunal in the course of any proceedings before the Tribunal,— any officer of the Tribunal, with or without the assistance of any constable or other person, may, in accordance with any order given by a member of the Tribunal, take the person into custody and detain him or her for a period expiring not later than 1 hour following the rising of the Tribunal, and the Chairperson may, if he or she thinks fit, by warrant under his or her hand, commit the person to prison for any period not exceeding 10 days or impose a fine not exceeding $1,500.
A warrant under subsection (1) may be filed in any District Court and shall then be enforceable as an order made by that court.
115. Tribunal may dismiss trivial, etc, proceedings
The Tribunal may at any time dismiss any proceedings brought under section 92B or section 92E if it is satisfied that they are trivial, frivolous, or vexatious or are not brought in good faith.
116. Reasons to be given
This section applies to the following decisions of the Tribunal:
a decision to grant 1 or more of the remedies described in section 92I or the remedy described in section 92J or an order under section 95:
a decision to make a declaration under section 97:
a decision to dismiss proceedings brought under section 92B or section 92E or section 95 or section 97.
Every decision to which this section applies must be in writing and must show the Tribunal’s reasons for the decision, including—
relevant findings of fact; and
explanations and findings on relevant issues of law; and
conclusions on matters or issues it considers require determination in order to dispose of the matter.
The Tribunal must notify the parties, the Attorney-General, and the Human Rights Commission of every decision of the Tribunal.
117. Seal of Tribunal
The Tribunal shall have a seal, which shall be judicially noticed in all courts and for all purposes.
118. Members of Tribunal not personally liable
No member of the Tribunal shall be personally liable for any act done or omitted to be done by the Tribunal or any member thereof in good faith in pursuance or intended pursuance of the functions, duties, powers, or authorities of the Tribunal.
119. Fees of members of Tribunal
A member of the Tribunal is entitled—
to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
For the purposes of subsection (1), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.
120. Services for Tribunal
The Ministry of Justice shall furnish such secretarial, recording, and clerical services as may be necessary to enable the Tribunal to discharge its functions.
The cost of any services provided by the Ministry of Justice pursuant to this section shall be paid from public money appropriated by Parliament for the purpose.
121. Enforcement
The following orders made by the Tribunal may, on registration of a certified copy in the District Court, be enforced in all respects as if they were an order of that court:
an order for the award of costs under section 92L; and
an order for the award of damages under section 92M; and
an interim order under section 95.
Every person commits an offence and is liable on conviction to a fine not exceeding $5,000 who contravenes or refuses to comply with any other order of the Tribunal made under section 92I or an interim order of the Tribunal made under section 95.
122. Stating case for High Court
The Tribunal may, at any time, before or during the hearing or before delivering its decision, on the application of any party to the proceedings or of its own motion, state a case for the opinion of the High Court on any question of law arising in any proceedings before the Tribunal.
If, in any proceedings before the Tribunal, the validity of any regulation is questioned, the Tribunal must, unless it considers that there is no arguable case in support of the contention that the regulation is invalid, either—
state a case for the opinion of the High Court on the relevant question or questions of law; or
if the leave of the High Court is obtained, order, under section 122A(1), that the proceedings before it or the relevant matter or matters at issue be removed to the High Court for determination.
The Tribunal shall give notice to the parties to the proceedings of the Tribunal’s intention to state a case under this section, specifying the registry of the High Court in which the case is to be filed.
Except where the Tribunal intends to state the case of its own motion, the question shall be in the form of a special case drawn up by the parties to the proceedings, and, if the parties do not agree, to be settled by the Tribunal.
Where the Tribunal intends to state the case of its own motion, it shall itself state and sign a case setting forth the facts and questions of law arising for the determination of the High Court.
The High Court shall hear and determine any question submitted to it under this section, and shall remit the case with its opinion to the Tribunal.
122A. Removal to High Court of proceedings or issue
The Tribunal may, with the leave of the High Court, order that proceedings before it under this Act, or a matter at issue in them, be removed to the High Court for determination.
The Tribunal may make an order under this section, with the leave of the High Court, before or during the hearing, and either on the application of a party to the proceedings or on its own initiative, but only if—
an important question of law is likely to arise in the proceedings or matter other than incidentally; or
the validity of any regulation is questioned in proceedings before the Tribunal (whether on the ground that it authorises or requires unjustifiable discrimination in circumstances where the statutory provision purportedly empowering the making of the regulation does not authorise the making of a regulation authorising or requiring unjustified discrimination, or otherwise); or
the nature and the urgency of the proceedings or matter mean that it is in the public interest that they or it be removed immediately to the High Court; or
the High Court already has before it other proceedings, or other matters, that are between the same parties and involve issues that are the same as, or similar or related to, those raised by the proceedings or matter; or
the Tribunal is of the opinion that, in all the circumstances, the High Court should determine the proceedings or matter.
Despite subsection (2), if the validity of any regulation is questioned in proceedings before the Tribunal and the leave of the High Court is obtained for the making of an order under this section, the Tribunal must make an order under this section.
If the Tribunal declines to remove proceedings, or a matter at issue in them, to the High Court (whether as a result of the refusal of the High Court to grant leave or otherwise), the party applying for the removal may seek the special leave of the High Court for an order of the High Court that the proceedings or matter be removed to the High Court and, in determining whether to grant an order of that kind, the High Court must apply the criteria stated in subsection (2)(a) to (d).
An order for removal to the High Court under this section may be made subject to any conditions the Tribunal or the High Court, as the case may be, thinks fit.
Nothing in this section limits section 122.
122B. Proceedings or issue removed to High Court
If the Tribunal, acting under section 122A, orders the removal of proceedings, or a matter at issue in them, to the High Court, unless section 122A(2)(b) applies the High Court may, if it considers that the proceedings or matter ought instead to be determined by the Tribunal, order that the Tribunal determine the matter.
If the Tribunal, under section 122A, orders that proceedings, or a matter at issue in them, be removed to the High Court, and the High Court makes no order under subsection (1),—
the High Court must determine the proceedings or matter and may exercise any power that the Tribunal could have exercised in, or in relation to, the proceedings or matter; and
a party to the proceedings may, under section 124, appeal to the Court of Appeal against the determination of the High Court on a question of law arising in the proceedings.
123. Appeals to High Court
Where any party is dissatisfied with any interim order made by the Chairperson under section 95, that party may appeal to the High Court against the whole or part of that order.
A party to a proceeding under section 92B or section 92E may appeal to the High Court against all or any part of a decision of the Tribunal—
dismissing the proceeding; or
granting 1 or more of the remedies described in section 92I; or
granting the remedy described in section 92J; or
refusing to grant the remedy described in section 92J; or
constituting a final determination of the Tribunal in the proceeding.
For the purposes of subsection (2)(d), the Tribunal does not in a proceeding refuse to grant the remedy described in section 92J unless—
a party to the proceeding expressly applies to the Tribunal for the remedy in relation to a particular enactment; and
the Tribunal does not grant the remedy in relation to that enactment.
Where any party is dissatisfied with any decision of the Tribunal making a declaration under section 97, that party may appeal to the High Court against the whole or any part of that decision.
Every appeal under this section shall be made by giving notice of appeal within 30 days after the date of the giving by the Tribunal in writing of the decision to which the appeal relates.
In determining any appeal under this section the High Court shall have the powers conferred on the Tribunal by sections 105 and 106, and those sections shall apply accordingly with such modifications as are necessary.
In its determination of any appeal, the court may—
confirm, modify, or reverse the order or decision appealed against, or any part of that order or decision:
exercise any of the powers that could have been exercised by the Tribunal in the proceedings to which the appeal relates.
Notwithstanding anything in subsection (6), the court may in any case, instead of determining any appeal, refer to the Tribunal, in accordance with the rules of court, for further consideration by the Tribunal, the whole or any part of the matter to which the appeal relates.
Subject to the provisions of this Act, the procedure in respect of any such appeal shall be in accordance with the rules of court.
Notice of appeal shall not operate as a stay of proceedings in respect of the decision to which the appeal relates unless the Tribunal or the High Court so orders.
124. Appeal to Court of Appeal on a question of law
Any party to any proceedings before the High Court under this Act may, with the leave of the High Court, appeal to the Court of Appeal against any determination of the High Court on a question of law arising in those proceedings: provided that, if the High Court refuses to grant leave to appeal to the Court of Appeal, the Court of Appeal may grant special leave to appeal.
A party desiring to appeal to the Court of Appeal under this section shall, within 21 days after the determination of the High Court, or within such further time as that court may allow, give notice of his or her application for leave to appeal in such manner as may be directed by the rules of that court, and the High Court may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 21 days after the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by the rules of that court, for special leave to appeal to that court, and the Court of Appeal may grant leave accordingly if, in the opinion of that court, the question of law involved in the appeal is one which, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
On any appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had.
The same judgment must be entered in the High Court, and the same execution and other consequences and proceedings must follow on it, as if the decision of the Court of Appeal on an appeal under this section had been given in the High Court.
The decision of the Court of Appeal on any application to that court for leave to appeal shall be final.
125. Costs of appeal
The High Court shall have power to make such order as to the whole or any part of the costs of an appeal under section 123 as may seem just but every order for costs shall follow the outcome of the appeal unless the court otherwise orders.
126. Additional members of High Court for purposes of Act
For the purpose of the exercise by the High Court of its jurisdiction and powers—
under section 92T; or
under section 123 in respect of any appeal under section 123(2) or section 123(3) in which a question of fact is involved,—
there shall be 2 additional members of the court who shall be persons appointed by a Judge of the court for the purposes of the hearing or appeal from the panel maintained by the Minister under section 101.
Before entering upon the exercise of the duties of their office, the additional members shall take an oath before a Judge of the High Court that they will faithfully and impartially perform the duties of their office.
The presence of a Judge of the High Court and of at least 1 additional member shall be necessary to constitute a sitting of the court.
The decision of a majority (including the Judge, or, where more than 1 Judge sits, including a majority of the Judges) of the members present at a sitting of the court shall be the decision of the court. If the members present are equally divided in opinion, the decision of the Judge, or of a majority of the Judges, shall be the decision of the court.
If any question before the court cannot be decided in accordance with subsection (4), the question shall be referred to the Court of Appeal for decision in accordance with the practice and procedure of that court, which for the purpose shall have all the powers of the court under this Act. The decision of the Court of Appeal in any proceedings under this subsection shall be final and shall take effect and be entered as if it were a decision of the court under this Act.
An additional member is entitled—
to receive remuneration not within paragraph (b) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework; and
in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
For the purposes of subsection (6), fees framework means the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies in which the Crown has an interest.
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