Education Amendment Act 2015

Governance of tertiary institutions

7 Sections 171 and 173 replaced

Replace sections 171 and 173 with:

170A Constitution to provide for membership of council

(1)

The constitution of a council must provide that it has 8, 9, 10, 11, or 12 members.

(2)

Subsection (1) does not apply to the constitution of the council of a designated polytechnic.

171 Membership of council

(1)

The council of an institution must have a total of 8, 9, 10, 11, or 12 members, as provided in its constitution, comprising—

(a)

the following number of members appointed by the Minister by written notice to the council:

(i)

4 members (in the case of a council comprising 10, 11, or 12 members):

(ii)

3 members (in the case of a council comprising 8 or 9 members); and

(b)

enough members appointed by the council by resolution, in accordance with its statutes, to bring the membership up to that total number.

(2)

Subsection (1) does not apply to the membership of the council of a designated polytechnic (for which sections 222AA and 222AM provide).

171A Certain people disqualified from appointment

(1)

A person cannot be appointed as a member of the council of an institution if he or she—

(a)

has at any time after the commencement of section 7 of the Education Amendment Act 2015 been removed as a member of the council of any institution of any kind; or

(b)

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

(c)

is a person in respect of whom a personal order has been made under the Protection of Personal and Property Rights Act 1988 that reflects adversely on—

(i)

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

(ii)

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

(d)

is a bankrupt—

(i)

who has not obtained his or her order of discharge; or

(ii)

whose order of discharge has been suspended for a term not yet expired or is subject to conditions not yet fulfilled.

(2)

Subsection (1) does not apply to the membership of the council of a designated polytechnic (for which section 222AA provides).

171B Matters to be considered when appointing members

(1)

It is desirable that the council of an institution should, so far as is reasonably practicable, reflect—

(a)

the ethnic and socio-economic diversity of the communities served by the institution; and

(b)

the fact that approximately half the population of New Zealand is male and half the population is female.

(2)

When appointing members of a council, the Minister or council must have regard to subsection (1), but—

(a)

must ensure that at least 1 member of the council is Māori; and

(b)

must appoint people who (in the Minister’s or council’s opinion)—

(i)

have relevant knowledge, skills, or experience; and

(ii)

are likely to be able to fulfil their individual duties to the council; and

(iii)

together with the other members of the council, are capable of undertaking its responsibilities, duties, and functions.

(3)

Subsections (1) and (2) do not apply to the membership of the council of a designated polytechnic (for which section 222AD provides).

171C Statutes relating to appointment of members by councils of institutions

(1)

The council of an institution may make statutes relating to the appointment of members under section 171(1)(b) (or, as the case requires, section 222AA(1)(b)).

(2)

In respect of any of the appointments the council has power to make, the statutes—

(a)

may provide for direct appointment by the council of a member chosen by the council; or

(b)

may require the council to appoint a member—

(i)

of a stated description; or

(ii)

holding a stated office; or

(iii)

nominated by a stated institution or institutions, or an institution or institutions of a stated description; or

(iv)

elected by people of a stated description.

(3)

To the extent that the statutes require the council to appoint any member elected by people of a stated description, they must also provide for the processes by which elections must be held and their results must be determined.

(4)

To the extent that the statutes require the council to appoint any member nominated by a stated institution or institutions, or an institution or institutions of a stated description, they must also provide for the process by which nominations may be called for and must be considered.

(5)

In the case of an appointment pursuant to a statute providing for any of the matters stated in subsection (2)(b), it is a sufficient compliance with section 171B(2)(b) if, when making the statute concerned, the council—

(a)

had regard to section 171B(1); and

(b)

was satisfied that compliance with the statute would be likely to result in the appointment of a person who—

(i)

has relevant knowledge, skills, or experience; and

(ii)

is likely to be able to fulfil his or her individual duties to the council; and

(iii)

together with the other members of the council, is capable of undertaking its responsibilities, duties, and functions.

(6)

Subsections (2) to (4) do not limit the generality of section 194.

171D Limitations on number of occasions on which people may be appointed as members of councils

(1)

The constitution of the council of an institution must contain a provision limiting the number of occasions on which a person may be appointed as a member of the council.

(2)

A person cannot be appointed as a member of the council of an institution if he or she has previously been appointed as a member of the council on the number of occasions, or more than the number of occasions, stated in the provision described in subsection (1).

(3)

For the purposes of subsection (2), appointed means—

(a)

appointed, elected, or co-opted, (otherwise than to fill a casual vacancy) before the commencement of section 7 of the Education Amendment Act 2015; or

(b)

appointed on or after that commencement.

(4)

Except as provided in subsection (2), a person is not ineligible for appointment as a member of the council of an institution just because he or she has previously been a member of the council.

(5)

Subsections (1) to (3) do not apply to the council of a designated polytechnic (for which section 222AF provides).

171E Membership of more than 1 council

A person who is a member of the council of an institution may be appointed as a member of the council of another institution (whether or not they are institutions of the same kind).

171F Certain acts and proceedings not invalidated by defects

(1)

No act or proceeding of a council of an institution, or of any committee of a council of an institution, is invalidated by—

(a)

a defect in the appointment of a member of the council or committee; or

(b)

a defect in the nomination of a member of the council or committee for appointment as a member of the council; or

(c)

a defect in the election of a member of the council or committee for appointment as a member of the council; or

(d)

a disqualification of a member of the council or committee; or

(e)

a vacancy or vacancies in the membership of the council or committee; or

(f)

a defect in the convening of any meeting.

(2)

Subsection (1) does not apply to the council of a designated polytechnic (for which section 222AA provides).

173 Term of office

(1)

When appointing a member of the council of an institution, the Minister or council—

(a)

may appoint the member for any period of not more than 4 years; and

(b)

must state in the notice or resolution appointing him or her—

(i)

the day on which his or her appointment takes effect; and

(ii)

the term for which he or she is appointed.

(2)

If the term of office of a member of a council expires before a successor is appointed, he or she continues in office until his or her successor’s appointment takes effect.