Schedule 5 New Zealand Lottery Grants Board and distribution committees

ss 273, 280(6)

Part 1 New Zealand Lottery Grants Board

1 Term of office of appointed members

(1)

A member of the Board appointed under section 272(2)(d) is to be appointed for a term not exceeding 3 years, as specified by the Governor-General in the member’s instrument of appointment, and may be reappointed.

(2)

Unless sooner vacating office under clause 2, a member continues in office until his or her successor is appointed, despite the expiry of the term of the member’s appointment.

Compare: 1977 No 84 s 116B

2 Extraordinary vacancies

(1)

An appointed member of the Board may at any time be removed from office by the Governor-General for inability in performance of office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Governor-General.

(2)

An appointed member may resign from office by notice to the Governor-General.

(3)

If the office of an appointed member becomes vacant by death, resignation, or removal from office, the vacancy created must as soon as practicable be filled in the manner in which the appointment to the vacant office was originally made.

(4)

A person appointed to fill a vacancy holds office for the residue of the term for which the person’s predecessor would have held office if the vacancy had not occurred.

Compare: 1977 No 84 s 116C

3 Prime Minister and Leader of Opposition may appoint deputies

(1)

The Prime Minister or the Leader of the Opposition may appoint any member of Parliament as an alternate member to attend meetings in his or her stead, either generally or for any particular meeting.

(2)

A person appointed under subclause (1) is deemed for all purposes to be a member of the Board while attending any meeting of the Board.

(3)

No appointment of a person under this clause, and no acts done by the person or by the Board while the person is a member, may in any proceedings be questioned on the ground that the occasion of the person’s appointment had not arisen or had ceased.

Compare: 1977 No 84 s 116D

4 Board’s powers not affected by vacancy in membership

The powers of the Board are not affected by any vacancy in its membership, or by any deficiency in the appointment of any member.

Compare: 1977 No 84 s 116A(3)

5 Meetings of Board

(1)

Meetings of the Board are to be held at the times and places that the Board appoints.

(2)

A special meeting of the Board may at any time be convened by the presiding member. The presiding member must call a special meeting whenever requested to do so in writing by 2 or more members of the Board.

(3)

At least 7 clear days’ notice in writing of each meeting, and of the business to be transacted at the meeting, must be given to each member for the time being present in New Zealand.

(4)

The quorum for any meeting is 4 members.

(5)

The presiding member presides at each meeting of the Board at which he or she is present.

(6)

In the absence from any meeting of the presiding member, the members present must elect one of their number to preside at the meeting.

(7)

Every question that arises at a meeting is determined by a majority of votes of the members present and voting on it.

(8)

The presiding member has a deliberative vote on each question and, in the case of an equality of votes, also has a casting vote.

(9)

A resolution that is signed, or that is assented to in writing by letter, telegram, facsimile, email, telex message, or other method of communication, by every member who is for the time being in New Zealand (being at least the number required for a quorum) has the same effect as a resolution passed at a meeting of the Board.

(10)

Subject to this schedule and to subpart 3 of Part 3, the Board may regulate its procedure in the manner that it thinks fit.

Compare: 1977 No 84 s 116E

Part 2 Distribution committees

6 Terms of office of members

(1)

A member of a distribution committee is to be appointed for a term not exceeding 3 years, as specified by the Minister in the member’s instrument of appointment, and may be reappointed.

(2)

Unless sooner vacating office under clause 7, a member continues in office until his or her successor is appointed, despite the expiry of the term of the member’s appointment.

Compare: 1977 No 84 s 116L

7 Extraordinary vacancies

(1)

A member of a distribution committee may at any time be removed from office by the Minister for inability in performance of office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister.

(2)

A member may resign office by notice to the Minister.

(3)

When the office of an appointed member of a distribution committee becomes vacant by death, resignation, or removal from office, that vacancy must as soon as practicable be filled in the manner in which the appointment to the vacant office was originally made.

(4)

Every person so appointed holds office for the residue of the term for which the person’s predecessor would have held office if the vacancy had not occurred.

Compare: 1977 No 84 s 116M

8 Powers not affected by vacancy in membership

The powers of a distribution committee are not affected by any vacancy in its membership, or by any deficiency in the appointment of any member.

Compare: 1977 No 84 s 116K(6)

9 Meetings

(1)

Meetings of a distribution committee are to be held at the times and places that the committee appoints.

(2)

A special meeting of a distribution committee may at any time be convened by the presiding member. The presiding member must call a special meeting whenever requested to do so in writing by 2 or more members of the committee.

(3)

At least 7 clear days’ notice of each meeting, and of the business to be transacted at the meeting, must be given to each member for the time being present in New Zealand.

(4)

The quorum for any meeting is a number of members that is not less than half of the membership of the committee.

(5)

The presiding member presides at each meeting of the committee at which he or she is present.

(6)

In the absence from any meeting of the presiding member, the members present must elect one of their number to preside at the meeting.

(7)

Every question that arises at a meeting is determined by a majority of votes of the members present and voting on it.

(8)

The presiding member has a deliberative vote on each question and, in the case of an equality of votes, also has a casting vote.

(9)

A resolution that is signed, or that is assented to in writing by letter, telegram, facsimile, email, telex message, or other method of communication, by every member who is for the time being in New Zealand (being at least the number required for a quorum) has the same effect as a resolution passed at a meeting of the committee.

(10)

Subject to this schedule and to subpart 3 of Part 3, a distribution committee may regulate its procedure in the manner that it thinks fit.

Compare: 1977 No 84 s 116N

10 Distribution committee may delegate functions

(1)

A distribution committee may appoint any 1 or more persons (whether or not a member of the committee) to be a subcommittee and may, in writing, delegate to a subcommittee its power to determine any application or class of applications made under section 282.

(2)

Subject to any general or special directions given or conditions or restrictions imposed by the distribution committee, the subcommittee to which the power is delegated may perform and exercise it in the same manner and with the same effect as if it had been conferred directly by this Act and not by delegation.

(3)

A subcommittee that purports to act under a delegation under this clause is, in the absence of proof to the contrary, presumed to be acting within the terms of the delegation.

(4)

An appointment of a subcommittee or a delegation of power under this section—

(a)

is revocable at will:

(b)

does not prevent the exercise of the power by the distribution committee.

(5)

A delegation continues in force according to its tenor until it is revoked, and the appointment of a subcommittee continues in force, despite any change in the membership of the distribution committee.

Compare: 1977 No 84 s 116P