Schedule 17B
Provisions relating to Infrastructure Auckland

1 Extraordinary vacancies

• (1) Any member of Infrastructure Auckland may at any time be removed from office by the Electoral College for disability affecting performance of duty, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Electoral College.

  (2) Any member of Infrastructure Auckland may at any time resign his or her office by writing addressed to the Electoral College.

  (3) If any member of Infrastructure Auckland dies, or resigns, or is removed from office or ceases to hold any qualification necessary for his or her appointment to office as a member of Infrastructure Auckland, his or her office becomes vacant and the vacancy is deemed to be an extraordinary vacancy.

  (4) An extraordinary vacancy must be filled in the manner in which the appointment to the vacant office was originally made.

  (5) Every person appointed to fill an extraordinary vacancy must be appointed for the residue of the term for which the vacating member was appointed.

2 Committees

• (1) Infrastructure Auckland may from time to time appoint, discharge, alter, or continue, or reconstitute committees comprising 2 or more members of Infrastructure Auckland, of whom 1 must be appointed as the chairperson of the committee.

  (2) Infrastructure Auckland may refer to any committee appointed by it under this clause any matter relevant to the performance of its functions, and may delegate to any such committee any of the functions, powers, or duties conferred or imposed upon Infrastructure Auckland by this Act or any other enactment, except the power to delegate any function, duty, or power.

  (3) Subject to any general or special directions given or conditions attached by Infrastructure Auckland, any functions, powers, or duties delegated to a committee may be performed and exercised by the committee with the same effect as if those functions, powers, or duties had been directly conferred or imposed and not by delegation.

  (4) Every committee purporting to act under any delegation under this clause is presumed, in the absence of proof to the contrary, to be acting in accordance with the terms of the delegation.

  (5) Every delegation under this clause is revocable at will, and no delegation prevents the performance or exercise of any function, duty, or power by Infrastructure Auckland.

  (6) Until any delegation under this clause is revoked, it continues in force, notwithstanding any change in the membership of Infrastructure Auckland or of the committee.

3 Chairperson

• (1) The Electoral College must appoint 1 of the members of Infrastructure Auckland to be the chairperson of Infrastructure Auckland.

  (2) The chairperson holds office as such until the chairperson's successor is appointed or the chairperson sooner ceases to be a member of Infrastructure Auckland.

  (3) If a vacancy occurs in the office of chairperson, the Electoral College must, at its first meeting after the vacancy occurs, elect some other member of Infrastructure Auckland to be chairperson.

4 Meetings

• (1) Meetings of Infrastructure Auckland or any committee appointed by it, are to be held at such times and places as Infrastructure Auckland or its chairperson or the committee or its chairperson, as the case may be, appoints.

  (2) At every meeting of Infrastructure Auckland or any committee appointed by it the quorum is—

  • (a) Half of the members, if the number of members (excluding vacancies) is even:

  • (b) A majority of the members, if the number of members (excluding vacancies) is odd.

  (3) At all meetings of either Infrastructure Auckland or a committee of Infrastructure Auckland the presiding member must be, respectively, the chairperson of Infrastructure Auckland or the chairperson of the committee if he or she is present. If he or she is not present, the members present must elect 1 of their number to preside at the meeting, and the member presiding has all the powers of the chairperson for the purpose of that meeting.

  (4) Every question before Infrastructure Auckland or any committee is to be determined by a majority of the votes of the members present at the meeting.

  (5) The presiding member has a deliberative vote, and, in any case where there are more than 2 members voting and there is an equality of votes, also has a casting vote.

  (6) Subject to this Act and, in the case of a committee, subject to any directions by Infrastructure Auckland, Infrastructure Auckland and any committee may regulate their procedures in such manner as they think fit.

5 Employees

• (1) Subject to this clause, Infrastructure Auckland may from time to time appoint a person to be the chief executive of Infrastructure Auckland and may appoint a temporary chief executive during the temporary absence of the chief executive.

  (2) No person may be employed by Infrastructure Auckland while that person is a member of Infrastructure Auckland or a member or employee of any local authority that is wholly or partly within the Auckland Region.

  (3) Subject to section 707ZZM(2), the chief executive may from time to time appoint such employees (including employees on secondment from other organisations and acting, temporary, or casual employees) as the chief executive thinks necessary for the efficient performance and exercise of the functions and powers of Infrastructure Auckland.

  (4) Infrastructure Auckland may at any time terminate or suspend the employment of the chief executive and the chief executive may terminate or suspend the employment of any employee appointed under subclause (3) by the chief executive.

  (5) The employees of Infrastructure Auckland are to be employed on such terms and conditions of employment and are to be paid such salaries and allowances as, in the case of the chief executive or any temporary chief executive, Infrastructure Auckland from time to time determines, and as, in any other case, the chief executive or temporary chief executive from time to time determines.

  (6) Any determination under subclause (4) takes effect on such date (whether the date of the determination or any earlier or later date) as may be specified in the determination, or, if no date is so specified, on the date of determination.

6 Specialist advice

• Infrastructure Auckland may invite any person or body who or which, in the opinion of Infrastructure Auckland, has specialist knowledge that is likely to be of assistance to Infrastructure Auckland to attend any meeting or discussion held by Infrastructure Auckland and to take part in the proceedings.

  Compare: 1974 No 66 Schedule 3A, cl 5

7 Consultants

• (1) Infrastructure Auckland may engage such consultants as it thinks necessary or desirable to assist it to carry out its functions.

  (2) Infrastructure Auckland may pay to any person engaged under subclause (1), for services rendered by that person, such fees or commissions or both as it thinks fit, and may reimburse any such person for expenses reasonably incurred in rendering services to Infrastructure Auckland.

8 Investment of money

• Any money which belongs to Infrastructure Auckland and which is not immediately required by Infrastructure Auckland may be invested—

  • (a) On deposit with any bank which is operating in New Zealand and which is a bank within the meaning of the Public Finance Act 1989; or

  • (b) In public securities within the meaning of the Public Finance Act 1989.