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. 40 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). 41 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. 42 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. 43 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. 31

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