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PLANNING ACT 2016 - SECT 233
Referee with conflict of interest
233 Referee with conflict of interest
(1) This section applies if the chief executive informs a referee that the
chief executive proposes to appoint the referee as a tribunal member, and
either or both of the following apply— (a) the tribunal is to hear a matter
about premises— (i) the referee owns; or
(ii) for which the referee was,
is, or is to be, an architect, builder, drainer, engineer, planner, plumber,
plumbing inspector, certifier, site evaluator or soil assessor; or
(iii) for
which the referee has been, is, or will be, engaged by any party in the
referee’s capacity as an accountant, lawyer or other professional; or
(iv)
situated or to be situated in the area of a local government of which the
referee is an officer, employee or councillor;
(b) the referee has a direct
or indirect personal interest in a matter to be considered by the tribunal,
and the interest could conflict with the proper performance of the referee’s
functions for the tribunal’s consideration of the matter.
(2) However, this
section does not apply to a referee only because the referee previously acted
in relation to the preparation of a relevant local planning instrument.
(3)
The referee must notify the chief executive that this section applies to the
referee, and on doing so, the chief executive must not appoint the referee to
the tribunal.
(4) If a tribunal member is, or becomes, aware the member
should not have been appointed to the tribunal, the member must not act, or
continue to act, as a member of the tribunal.
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