20 Appointment of persons
person include the power of
(a) fixing the person's term of office;
(b) terminating the person's appointment or removing or
suspending the person;
(c) reappointing or reinstating the person;
(d) fixing the person's remuneration and varying or terminatin g
it;
(e) appointing anot her in the person's place or to act in the
person's place whether or not the office is vacant;
(f) appointing a person as that person's deputy.
(2) If a person is appointed by or under the authority of an
enactment to an office effective on a specified day, the appointment
is deemed to be effective immediately on the beginning of that day.
(3) If a person is appointed by or under the authority of an
enactment to an office for a term of office that is to conclude,
expire or otherwise come to an end on an expressed day, the term
of office includes that day.
(3.1) If a person appointed by or under the authority of an
enactment to an office resigns, the person's resignation is deemed
to terminate the appointment.
(3.2) A resignation referred to in subsection (3.1) is not effective
unless it is provided in writing.
RSA 2000
(3.3) The effective date of a resignation referred to in subsection
(3.1) is the later of
(a) the date the resignation is provided, or
(b) the date specified in the written resignation.
(4) If the appointment of a person by or under the authority of an
enactment is terminated, revoked or rescinded effective on a
specified day, that termination, revocation or rescission, whether or
not that person holds office for a term of office that is to conclude,
expire or otherwise come to an end on an expressed day, is deemed
to be effective immediately on the beginning of the specified day.
(5) Unless otherwise expressed in an enactment and subject to
section 36(1)(a), if
(a) a person is appointed by or under the authority of an
enactment to an office, and
(b) while that appoin tment is still in effect,
(i) the office or position of the person making the
appointment has changed or the occupant of that office
or position has changed,
(ii) the name or designation of the office to which the person
has been appointed has changed but the functions, duties
and undertakings of the office remain the same or
substantially the same as they were at the time of the
appointment, or
(iii) the authority under which the appointment was made has
changed in some manner but the authority to make the
appointment remains substantially the same as it was at
the time that the appointment was made,
the person appointed continues to hold the office to which the
person has been appointed until the term of office expires or the
appointment is terminated, revoked or rescinded.
(6) Unless otherwise expressed in an enactment, if
(a) a delegation, including any appointment made or authority
given that is in the nature of a delegation, is made or
otherwise given to a person by or under the authority of an
enactment, and
(b) while that delegation is in effect,
RSA 2000
(i) the office or position of the person making or otherwise
giving the delegation has changed or the occupant of that
office or position has changed,
(ii) the name or designation of the office or position of the
person to whom the delegation was made or otherwise
given has changed but the functions, duties and
undertakings of the office or position remain the same or
substantially the same as they were at the time that the
delegation was made or otherwise given, or
(iii) the authority under which the delegation was made or
otherwise given has changed in some manner but the
authority to make or otherwise give the delegation
remains substantially the same as it was at the time that
the delegation was made or otherwise given,
that delegation remains in effect until the delegation is terminated,
revoked or rescinded or expires.
(7) Unless otherwise expressed in an enactment, if
(a) a person who is appointed by or under the authority of an
enactment to an office is engaged in an investigation, a
hearing, a review, an appeal or a similar undertaking or in
carrying out some other duty or function provided for under
an enactment, and
(b) that appointment expires or otherwise ends before that
person concludes the investigation, hearing, review, appeal
or undertaking or the carrying out of the duty or function,
that person, unless otherwise directed by the person who has the
authority to make the appointment referred to in clause (a) or the
Minister responsible for the enactment under which the
appointment was made, remains empowered to conclude that
investigation, hearing, review, appeal or undertaking or the
carrying out of that duty or function, including the making of any
recommendation, report, determination or other conclusion that
forms a part of that investigation, hearing, review, appeal,
undertaking, duty or function.
(8) Notwithstanding subsections (6) and (7), in the case of an
appointment referred to in subsection (4) that is terminated,
revoked or rescinded, the person whose appointment is terminated,
revoked or rescinded is not, at any time after the termination,
revocation or rescission becomes effective, eligible to exercise any
power, duty or function under subsection (6) or (7) unless expressly
permitted to do so by the person who terminated, revoked or
RSA 2000
rescinded the appointment or by the Minister responsible for the
enactment under which the termination, revocation or rescission
was effected.
RSA 2000 cI-8 s20;2002 c17 s3;2020 c23 s8;2022 c14 s5