Education and Training Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Education
9 Certain persons ineligible to be board members

(1)

The following persons may not become an elected, an appointed, or a co-opted board member:

(a)

a person who is an undischarged bankrupt:

(b)

a person 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, or the Financial Markets Conduct Act 2013, or the Takeovers Act 1993:

(c)

a person who is not capable of being a board member under clause 10(1):

(d)

a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988:

(e)

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 the person’s—

(i)

competence to manage their own affairs in relation to their property; or

(ii)

capacity to make or to communicate decisions relating to any particular aspect or aspects of their personal care and welfare:

(f)

a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more, or who has been sentenced to imprisonment for any other offence, unless that person has obtained a pardon, served the sentence, or otherwise suffered the penalty imposed on the person:

(g)

a person who is not a New Zealand citizen and—

(i)

to whom section 15 or 16 of the Immigration Act 2009 applies; or

(ii)

who is obliged by or under that Act or any other enactment to leave New Zealand immediately by or within a specified time (being a time that, when specified, was less than 12 months); or

(iii)

who is treated for the purposes of that Act as being unlawfully in New Zealand.

(2)

Any permanently appointed member of the board staff may, if otherwise eligible for election, be elected as a staff representative, but no permanently appointed member of the board staff may be otherwise elected to the board or be appointed or co-opted onto the board.

(3)

A non-permanently appointed member of the board staff may, if otherwise eligible, be elected, appointed, or co-opted onto the board.

(4)

A person who has been appointed returning officer for an election of board members is not eligible to be nominated as a candidate in the election.

Compare: 1989 No 80 s 103