16 Qualifications of officers of charitable entities

(1)

A person who is not disqualified by this section is qualified to be an officer of a charitable entity.

(2)

The following persons are disqualified from being officers of charitable entities:

(a)

an individual who is an undischarged bankrupt:

(b)

an individual who is under the age of 16 years:

(c)

an individual who, or a body corporate that, has been convicted of either of the following and has been sentenced for the offence within the last 7 years:

(i)

a crime involving dishonesty (within the meaning of section 2(1) of the Crimes Act 1961):

(ii)

an offence under section 143B of the Tax Administration Act 1994:

(d)

an individual who 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, the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:

(e)

an individual who, or a body corporate that, is disqualified from being an officer of a charitable entity under section 31(4):

(f)

an individual who is subject to a property order made under the Protection of Personal and Property Rights Act 1988, or whose property is managed by a trustee corporation under section 32 of that Act:

(g)

a body corporate that is being wound up, is in liquidation or receivership, or is subject to statutory management under the Corporations (Investigation and Management) Act 1989:

(h)

in relation to any particular entity, an individual who, or a body corporate that, does not comply with any qualifications for officers contained in the rules of that entity.

(3)

Subsection (2) does not apply to an officer of an entity if that officer was appointed, under an Act, by the Governor-General, by the Governor-General in Council, or by a Minister.

(4)

The Board may waive the application of any of the disqualifying factors set out in subsection (2)(a) to (g) in relation to an officer of that entity.

(5)

If the Board waives the application of a disqualifying factor set out in subsection (2)(a) to (g), the officer to whom the waiver relates must not be treated as being disqualified from being an officer of a charitable entity in relation to the entity by reason of the application of that disqualifying factor.

(6)

The waiver may be granted on any terms or conditions that the Board thinks fit.

(7)

The Board may vary a waiver in the same way as a waiver may be granted under this section.

(8)

The Board may revoke a waiver granted under this section.

(9)

If the Board decides to exercise a power under subsection (4), (7), or (8), it must direct the chief executive to give the entity written notice of the decision.

Section 16(2)(c): replaced, on 14 February 2017, by section 4 of the Charities Amendment Act 2017 (2017 No 1).

Section 16(2)(d): substituted, on 25 October 2006, by section 25 of the Securities Amendment Act 2006 (2006 No 46).

Section 16(2)(d): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Section 16(4): replaced, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 16(5): replaced, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 16(6): replaced, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 16(7): replaced, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 16(8): replaced, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 16(9): inserted, on 1 July 2012, by section 16(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).