New Zealand Legislation: Bills

13 Disqualified person

• (1) A person is disqualified if,—

  • (a) in the case of an individual, the individual is disqualified under subsection (2); or

  • (b) in the case of a person who is not an individual, the person has a controlling owner, director, or senior manager who is disqualified under subsection (2).

  (2) The following persons are disqualified:

  • (a) an undischarged bankrupt:

  • (b) a person prohibited from being a director or promoter of, or concerned in the management of, an incorporated or unincorporated body under the Companies Act 1993, the Securities Act 1978, the Securities Markets Act 1988, or the Takeovers Act 1993:

  • (c) a person subject to a management banning order under the Securities Act 1978, the Securities Markets Act 1988, the Takeovers Act 1993, or subject to an order under section 108 of the Credit Contracts and Consumer Finance Act 2003:

  • (ca) a person who has been convicted of an offence against section 10, 11, or 40 within the past 5 years:

  • (d) a person who has been convicted of an offence relating to fraud or dishonesty under sections 217 to 266 of the Crimes Act 1961) within the past 5 years:

  • (e) a person who has been convicted of a money laundering offence or an offence relating to the financing of terrorism:

  • (f) a person who is subject to a confiscation order under the Proceeds of Crime Act 1991.

  (3) A member of a local authority must be treated as if he or she is not disqualified.