Chapter 5: Removal from Office

Sections in this Chapter: 

Generally, the person with authority to appoint a board member also has the power of removal, which includes:

  • removal or suspension of a person from office
  • reappointing or reinstating a person to the office, or
  • appointing another person in place of a member who has vacated office, has died, is absent, or is incapacitated in a way that affects the performance of their duty.

In the case of Crown entities, an application may be made to the court for injunctive relief to stop a member or a board breaching duties (see section 60 of the Crown Entities Act at www.legislation.govt.nz/act/public/2004/0115/latest/DLM329991.html). The Act also contains a power to remove the whole board of a statutory entity, if the members have breached the collective duties (see section 58 www.legislation.govt.nz/act/public/2004/0115/latest/DLM329989.html). Depending on the circumstances of a breach, and any immunities from proceedings that may apply, the entity itself could take proceedings against a member who has not acted in accordance with the duties of an individual board member.

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