Education Act 1989

Eligibility to be trustee

Heading: inserted, on 19 May 2017, by section 85 of the Education (Update) Amendment Act 2017 (2017 No 20).

103 Certain persons ineligible to be trustees

(1)

A person who—

(a)
[Repealed]

(b)
[Repealed]

(c)

is an undischarged bankrupt; or

(d)

is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Financial Markets Conduct Act 2013, or the Takeovers Act 1993; or

(da)
[Repealed]

(db)

is ineligible to be a trustee under section 103A(2); or

(dc)

is subject to a property order under the Protection of Personal and Property Rights Act 1988; or

(dd)

is a person in respect of whom a personal order has been made under that Act that reflects adversely on the person’s—

(i)

competence to manage his or her own affairs in relation to his or her property; or

(ii)

capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or

(de)

is a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person; or

(e)

is not a New Zealand citizen, and is—

(i)

a person to whom section 15 or 16 of the Immigration Act 2009 applies; or

(ii)

a person obliged by or under that Act or any other enactment to leave New Zealand immediately by or within a specified time (being a time that, when specified, was less than 12 months); or

(iii)

treated for the purposes of that Act as being unlawfully in New Zealand—

may not become an elected, appointed, or co-opted trustee.

(2)

[Repealed]

(2A)

[Repealed]

(3)

Any permanently appointed member of the board staff may, if otherwise eligible for election, be elected as a staff representative; but no permanently appointed member of the board staff may be otherwise elected to the board or be appointed or co-opted on to the board.

(4)

A non-permanently appointed member of the board staff may, if otherwise eligible, be elected, appointed, or co-opted on to the board.

(5)

No person who has been appointed returning officer for an election of trustees is eligible to be nominated as a candidate in the election.

Compare: 1989 No 3 s 13

Section 103(1)(a): repealed, on 8 July 2000, by section 17 of the Education Amendment Act 2000 (2000 No 21).

Section 103(1)(b): repealed, on 10 September 2008, by section 4(2) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 103(1)(c): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 103(1)(d): replaced, on 25 October 2006, by section 25 of the Securities Amendment Act 2006 (2006 No 46).

Section 103(1)(d): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 103(1)(da): repealed, on 17 May 2006, by section 14(1) of the Education Amendment Act 2006 (2006 No 19).

Section 103(1)(db): replaced, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 103(1)(dc): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 103(1)(dd): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 103(1)(de): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 103(1)(e): replaced, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 103(2): repealed, on 8 July 2000, by section 17 of the Education Amendment Act 2000 (2000 No 21).

Section 103(2A): repealed, on 17 May 2006, by section 14(2) of the Education Amendment Act 2006 (2006 No 19).

Section 103(3): replaced, on 17 May 2006, by section 14(2) of the Education Amendment Act 2006 (2006 No 19).

Section 103(4): replaced, on 17 May 2006, by section 14(2) of the Education Amendment Act 2006 (2006 No 19).