Vote: Local Government (Auckland Reorganisation) Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Vote: Local Government (Auckland Reorganisation) Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:654;Page:3631] 
A party vote was called for on the question  
That the motion be agreed to. 
Ayes 63 
New Zealand National 58; ACT New Zealand 5. 
Noes 51 
New Zealand Labour 42; Green Party 6; Maori Party 3. 
Motion agreed to. 
The question was put that the following amendment in the name of the Hon George Hawkins to be agreed to: 
to add the following new part: 
Part 11 
Auckland Transition Agency Review Commission 
38Auckland Transition Agency Review Commission Established 
(1)The Auckland Transition Agency Review Commission is established immediately before the commencement of this section and which shall have the jurisdiction and powers conferred on it by or pursuant to this Act and any other Act. 
(2)The Commission is independent from the Auckland Transition Agency. 
39Interpretation 
For the purposes of this part  
Auckland Transition Agency Review Commission 
 or  
Commission 
 means the entity established by section 38. 
40Membership of the Auckland Transition Agency Review Commission 
The Commission shall consist of the following members: 
(a)a Chair of the Commission: 
(b)five Commissioners. 
41Eligibility for appointment as Chair of the Commission 
(1)A person shall not be appointed or hold office as Chair of the Commission unless he or she is or is eligible to be a District Court Judge. If an appointee is not a District Court Judge at the time of appointment as a Commissioner he or she shall be appointed as a District Court Judge at that time. 
42Eligibility for Commissioner 
When considering whether a person is suitable to be appointed as a Commissioner the Attorney-General shall have regard to the need to ensure that the Court possesses a mix of knowledge and experience in matters coming before the Court including knowledge and experience in— 
(a)economic commercial and business affairs local government and community affairs: 
(b)planning resource management and heritage protection: 
(c)environmental science including the physical and social sciences: 
(d)architecture engineering surveying minerals technology and building construction: 
(da)alternative dispute resolution processes: 
(e)matters relating to the Treaty of Waitangi and kaupapa Maori. 
43Appointment of Commissioners 
(1)The Governor-General may on the recommendation of the Attorney-General after consultation with the Prime Minister the Minister for Local Government and the Minister of Maori affairs appoint a person as the Chair of the Commission. 
(2)The Commissioners shall hold office for the duration of the transition period. 
44Oath of office 
A person appointed as a Commissioner shall before undertaking any duties as such take an oath of office that he or she will honestly and impartially perform the duties of the office. 
45Special advisors 
(1)The Chair may appoint as a special advisor a person who is able to assist the Commission in a proceeding before it. 
(2)A special advisor is not a member of the Commission but may sit with it and assist it in any way the Commission determines. 
46Registrar and other officers 
(1)The Commission— 
(a)shall have a Registrar; and 
(aa)may have 1 or more Deputy Registrars; and 
(b)may have other persons to assist it in an administrative capacity. 
(2)The Registrar a Deputy Registrar and every other person assisting the Commission shall— 
(a)be appointed under the State Sector Act 1988; and 
(b)be officers of the Commission. 
(2A)A Deputy Registrar has all the powers functions duties and immunity of the Registrar subject to the control of the Registrar. 
(3)An officer of the Commission may also hold another office or employment in the Public Service. 
47Remuneration of Commissioners and special advisors 
There shall be paid out of money appropriated by Parliament for the purpose to every Commissioner and special advisor remuneration by way of fees salary or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 and the provisions of that Act shall apply accordingly and— 
(a) the Commission shall be a statutory Board for the purposes of that Act; and 
(b) every special adviser shall be deemed to be a member of a statutory Board. 
48Commission sittings 
The quorum for the Commission is the Chair of the Commission and one Commissioner sitting together. 
49Commission procedure 
The Commission may regulate its own proceedings in such manner as it thinks fit. 
50Hearings 
The Commission shall meet every Monday and Tuesday of every week for the duration of the transition period. 
51Hearing of submissions  
(1)All hearing of the Commission shall be held in public. 
(1A)Hearings will be informal with the Commission hearing submissions of any ratepayer in the Greater Auckland region that wishes to appear before the Commission. 
(2)The time and place of hearing before the Commission shall be fixed by the Registrar ensuring that all hearings are held within the current boundaries of the Franklin District Papakura District Rodney District North Shore City Waitakere City Manukau City Auckland City Great Barrier Island and Waiheke Island. 
(3)The Commission will also accept submissions by mail or email. 
52Powers of the Commission 
(1)The Commissioners have the same powers that a District Court has in the exercise of its civil jurisdiction. 
(2)The Commission shall have the ability to direct the Transition Agency to reconsider a decision taken. 
53Review of decision by Commission 
Decisions of the Commission are subject to review by the High Court.