Version as at
1 July 2024
Crown Entities Act 2004
Part 2 s 44
(4)
The responsible Minister must notify the removal in the Gazette as soon as
practicable after the notice is given.
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Just cause
In sections 38 and 39, just cause includes misconduct, inability to perform the
functions of office, neglect of duty, and breach of any of the collective duties of
the board or the individual duties of members (depending on the seriousness of
the breach).
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Process for removal
A responsible Minister may remove, or advise the removal of, a member, as the
case may be, with as little formality and technicality, and as much expedition,
as is permitted by—
(a)
the principles of natural justice; and
(b)
a proper consideration of the matter; and
(c)
the different requirements of this Act in relation to the different types of
statutory entity.
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Judges serving as members
(1)
This section applies to a Judge who is a member of a statutory entity, except as
otherwise provided in the entity’s Act.
(2)
The Judge may be removed as a member in accordance with the removal
provisions of this Act for a breach of the board’s collective duties, but only if
all of the other members are being removed for the same breach at the same
time.
(3)
That removal does not affect his or her tenure as a Judge.
(4)
The Judge may not be removed as a member in accordance with any other
removal provisions of this Act.
(5)
The Judge may be removed as a member at any time under the general law that
applies to removal from office as a Judge.
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No compensation for loss of office
A member of a statutory entity is not entitled to any compensation or other
payment or benefit relating to his or her ceasing, for any reason, to hold office
as a member.
44
Resignation of members
(1)
A member of a statutory entity may resign from office by written notice to the
responsible Minister (with a copy to the entity) signed by the member.
(2)
The resignation is effective on receipt by the responsible Minister of the notice
or at any later time specified in the notice.
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