sec.234Referee with conflict of interest

### sec.234 Referee with conflict of interest 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— the tribunal is to hear a matter about premises— the referee owns; or 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 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 situated or to be situated in the area of a local government of which the referee is an officer, employee or councillor; 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. 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. 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. 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. (sec.234-ssec.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— the tribunal is to hear a matter about premises— the referee owns; or 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 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 situated or to be situated in the area of a local government of which the referee is an officer, employee or councillor; 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. (sec.234-ssec.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. (sec.234-ssec.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. (sec.234-ssec.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. - (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; - (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. - (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;