“47 Transitional provisions relating to Board

• “(1) The members of the New Zealand Kiwifruit Marketing Board established by the Kiwifruit Marketing Regulations 1977 may take all steps that are reasonably necessary or desirable to prepare for the establishment and operation of the Board under these regulations.

  “(2) In particular, those members must arrange for an election to be held in accordance with regulation 37, as soon as practicable, to take account of any expected vacancies on the Board.

  “(3) Replacement members are to fill any vacancies on the Board that arise on or after 2 April 2000, and that would otherwise result in the number of members falling below 5, in the following order:

  • “(a) those members elected under subclause (2), in order of votes cast for those members:

  • “(b) the member appointed under regulation 36(b):

  • “(c) the member appointed under regulation 36(c).

  “(4) The members may appoint 1 of their number to be chairperson until a chairperson is appointed under regulation 36(c).

  “(5) No initial member is entitled to compensation for loss of office by reason of the expiry of his or her term of office.

  “(6) The Board may consist of up to 8 members until 1 or more replacement members take office under subclause (3).

  “(7) The directors of the Board who are also directors of ZGL must not participate in discussions or decisions about the enforcement regime to be specified in ZGL's export authorisation as required under regulation 7(1)(a).”