Avenues for review

Board appointments can be subject to judicial review proceedings, civil actions and scrutiny by Parliament or an Ombudsman. Minor irregularities in the appointment process may not invalidate the actions of a member while in office, but an appointment may be challenged in the courts. The appointment processes followed must minimise the possibility of questions about the validity of board members' appointments or actions being raised later. Section 34 (www.legislation.govt.nz/act/public/2004/0115/latest/DLM329961.html) and section 35 (www.legislation.govt.nz/act/public/2004/0115/latest/DLM329962.html) of the Crown Entities Act states that appointments and acts stand as valid, notwithstanding any defects in appointments.

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