Lay Member of the High Court under the Commerce Act 1986 Vacancies | Other
|Category:||Boards and Governance|
|Position Type:||Ongoing - Part Time|
|Attachments:|| PD - Lay Members of the High Court.doc (Word, 97KB)
|Application Close Date:||19-Aug-2021|
The Ministry of Business, Innovation and Employment is seeking candidates who wish to be considered for appointment to the pool of lay members under the Commerce Act 1986 for competition and regulatory cases. Multiple candidates may be appointed as a result of this search.
This is an ‘as required' position. Once appointed to the pool, lay members may be considered for appointment to sit with a High Court judge to determine specified cases and appeals from Commerce Commission determinations. A lay member becomes a member of the Court for the purposes of the case. Lay members play a key role in ensuring that expert evidence on complex competition or regulation issues is properly understood, tested and assessed by the Court. A lay member must take an oath to faithfully and impartially perform the duties of their office.
At this time, the Ministry is looking for candidates who have expertise relevant to competition or regulatory cases or both. In particular, candidates with one of the following specialist skills and expertise are sought:
- expertise and experience in regulatory economic analysis and/or competition economic analysis, and an understanding of a range of methods, models and techniques engaged in economic analysis in competition and/or regulatory settings; and/or
- expertise and experience in the theory or practice of determining matters required to be covered by input methodologies under section 52T of the Commerce Act 1986 and section 176 of the Telecommunications Act 2001. This includes the cost of capital, valuation of assets (including depreciation and treatment of revaluations), allocation of common costs (including between activities, businesses, consumer classes and geographic areas), treatment of taxation, pricing methodologies and regulatory processes and rules.
The following attributes are also relevant to this position:
- an understanding of the role of the Court, with experience in giving expert evidence before a court or tribunal being desirable; and
- similar attributes to those required for judicial appointments, relating to qualities of character, personal technical skills and an appreciation of diversity.
An absence of any conflicts of interest and some evidence of flexibility in scheduling to be available for court cases may also be taken into account.
Candidates must be willing to travel to participate in person for hearings at the relevant Court in New Zealand.
Lay members of the Court are appointed by the Governor-General on the recommendation of the Attorney-General after consultation with the Chief Justice and the Minister of Commerce and Consumer Affairs.
Please note that the Ministry nominates suitable candidates to the Crown Law Office, which assists the Attorney-General with the consultation and documentation required for the appointment process. The Ministry of Justice will also be engaged for the purposes of vetting candidates and checking for conflict of interest for appointments to specific cases.
Candidates wishing to apply for this position should enclose a copy of their CV and submit a cover letter outlining why they wish to be a lay member of the High Court under the Commerce Act 1986. Please refer to the attached position description for more details.
For enquiries about the position, please contact email@example.com.
Applications close at 8:00 am on Thursday 19 August 2021.