133Constitution of Appeals Board in a matter

133 Constitution of Appeals Board in a matter (1) Subject to subsection (2), the Appeals Board, while hearing and determining a particular matter, is constituted by the same member or members.

Building Act 1993 113 (2) Where a member of the Appeals Board is not available after the Appeals Board has commenced to hear a matter, the Chairperson may, on the application of a party, nominate another member (new member) to fill the vacancy to enable the hearing to continue. (3) Where a new member is nominated under subsection (2) in place of a former member: (a) the new member must treat any evidence given, document produced or thing done in the course of earlier proceedings in the same manner and in all respects as if it had been given, produced or done in the course of the proceedings by the Appeals Board as constituted with the new member; and (b) an interim award or order made in the course of the earlier proceedings is taken to be made by the Appeals Board as constituted with the new member; and (c) the Appeals Board as constituted with the new member may adopt and act on a determination of a matter made in the course of the earlier proceedings without the new member applying his or her own judgment to the matter; and the Regulations may make provision for any other matter in relation to the hearing.