Parliamentary Service Act 2000

Schedule 4 Provisions applying in respect of Parliamentary Corporation

s 32

1 Chairperson of Corporation

(1)

The Speaker is the chairperson of the Corporation.

(2)

When there is a vacancy in the office of Speaker, or when the Speaker is (for whatever reason) absent from duty, the Deputy Speaker is the chairperson of the Corporation.

2 Chief executive and Secretary

(1)

The General Manager is the chief executive of the Corporation.

(2)

The chief executive may appoint an employee of the Parliamentary Service to be the Secretary of the Corporation.

3 Meetings

(1)

Meetings of the Corporation are held at times and places appointed by the Corporation or by the chairperson of the corporation.

(2)

Every meeting of the Corporation requires the presence of—

(a)

the chairperson or a deputy appointed, under clause 5, by the chairperson; and

(b)

the General Manager or a deputy appointed, under clause 5, by the General Manager; and

(c)

1 member appointed under section 29(1)(c) or a deputy appointed, under clause 5, by such a member.

4 Person presiding

(1)

At all meetings of the Corporation, the chairperson, if present, presides.

(2)

If the chairperson is absent from a meeting and there is no deputy, appointed under clause 5 by the chairperson, the members present must appoint one of their number to be the chairperson of that meeting.

5 Deputies

(1)

A member of the Corporation may, by notice in writing, appoint a person to attend 1 or more meetings of the Corporation as the deputy of that member.

(2)

The appointment of a deputy ceases if—

(a)

the person who appointed the deputy, by written notice, revokes the appointment; or

(b)

the person who appointed the deputy ceases to be a member of the Corporation.

(3)

For the purposes of a meeting that a deputy attends in the place of a member, the deputy—

(a)

has and may exercise all the rights, privileges, and duties of that member; and

(b)

is to be regarded as a member of the Corporation.

6 Voting

(1)

If the members of the Corporation cannot reach consensus on a question, the question must be decided by a majority of the votes cast.

(2)

Each member has 1 vote and, if the votes are equal, the chairperson or other person presiding also has a casting vote.

7 Resolution assented to by all members

(1)

A resolution in writing signed or assented to by letter, telegram, telex, fax message, or electronic message by all members of the Corporation is as valid and effective as if it had been passed at a meeting of the Corporation duly called and constituted.

(2)

Any such resolution may consist of several documents that are similar in form, each signed or appearing to have been sent by 1 or more members.

8 Procedure

Subject to the provisions of this Act, the Corporation may regulate its procedure and exercise its functions in any manner that it thinks fit.

9 Seal

(1)

The Corporation must provide for the safe custody of the common seal of the Corporation, which must be in a form that the Corporation decides.

(2)

The common seal may be used only by the authority of a resolution of the Corporation, and each document to which the seal is affixed must, subject to subclauses (3) and (4), be signed by 2 members of the Corporation.

(3)

A member of Parliament may sign, in the place of the Speaker, a document to which the common seal is affixed if that member is authorised by a delegation, given under section 34, to sign the document or documents of that kind.

(4)

An employee of the Parliamentary Service may sign, in the place of the General Manager, a document to which the common seal is affixed if that employee is authorised by a delegation, given under clause 8 of Schedule 1, to sign the document or documents of that kind.

(5)

The seal of the Corporation must be judicially noticed in all courts and for all purposes.

10 Contracts

(1)

A contract or other enforceable obligation may be entered into by the Corporation as follows:

(a)

an obligation that, if entered into by a natural person, would be required to be by deed must be entered into on behalf of the Corporation in writing under the common seal of the Corporation:

(b)

an obligation that, if entered into by a natural person, would be required to be in writing may be entered into on behalf of the Corporation in writing by a person acting under the Corporation’s express or implied authority:

(c)

an obligation that, if entered into by a natural person, would not be required to be in writing may be entered into on behalf of the Corporation in writing or orally by a person acting under the Corporation’s express or implied authority.

(2)

Subclause (1)(b) and (c) do not prevent the Corporation from entering into any obligation in accordance with paragraph (a) of that subclause.

(3)

Despite subclause (1), no obligation entered into by or on behalf of the Corporation, under the authority of a general or specific resolution of the Corporation, is invalid only because the obligation was not entered into in accordance with this clause.

Compare: 1959 No 98 s 3; 1993 No 105 s 180(1)

11 Records

The Corporation must keep a record of all decisions made by the Corporation, but need not keep financial records or produce financial statements in respect of the Corporation.