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Electricity Act 1992

Transitional provisions

Schedule 2: Provisions applying in respect of Electrical Workers Registration Board

You could also call this:

“Rules for how the Electrical Workers Registration Board works and what it does”

The Electrical Workers Registration Board holds annual elections for a Presiding Member and Deputy Presiding Member. Board members are appointed for up to 3 years and can be reappointed. The Minister can remove members for inability to perform, bankruptcy, neglect of duty, or misconduct.

The Board needs 4 members present for a quorum at meetings. Decisions are made by majority vote, with the presiding member having a casting vote if needed. Members can’t participate in discussions about their own registration or discipline. The Board can appoint committees to help with its work.

Board members can be paid fees and allowances. They aren’t considered government employees. The Board must provide an annual report to the Minister, which is then presented to Parliament. Board members aren’t personally liable for actions done in good faith as part of the Board’s work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM284158.

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Government and voting > Government departments Work and jobs > Job licenses
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2Provisions applying in respect of Electrical Workers Registration Board Empowered by s 157

1Presiding Member and Deputy Presiding Member

  1. At its first meeting in each year beginning with 1 January, the Board shall elect one of its members to be its Presiding Member, and another to be its Deputy Presiding Member.

  2. Every person elected as Presiding Member or Deputy Presiding Member, unless he or she sooner resigns or vacates office as a member of the Board, shall hold office until his or her successor is elected under this clause, and shall be eligible for re-election.

  3. If any person who is for the time being holding office as Presiding Member or Deputy Presiding Member vacates office as a member of the Board, an election to fill the vacancy in the office of Presiding Member or Deputy Presiding Member shall be held at the first meeting of the Board held after the vacancy on the Board has been filled.

  4. Where the office of Presiding Member or Deputy Presiding Member becomes vacant in any other case, the Board shall elect one of its members to fill that vacancy as soon as practicable after its occurrence.

  5. During every vacancy in the office of Presiding Member, or while the Presiding Member is for any reason unable to perform the functions, powers, and duties of the Presiding Member, the Deputy Presiding Member shall perform the functions, powers, and duties of the Presiding Member.

2Term of office

  1. Every member of the Board—

  2. shall be appointed by notice published in the Gazette:
    1. shall be appointed for a term not exceeding 3 years:
      1. shall take office from the date of the notice of appointment or such later date as may be specified in the notice:
        1. shall be eligible for reappointment.

          3Continuation in office after term expires

          1. Notwithstanding clause 2, every member of the Board whose term of office has expired shall, unless sooner vacating office under clause 4, continue to hold office, by virtue of the appointment for the term that has expired, until—

          2. that member is reappointed; or
            1. a successor to that member is appointed; or
              1. that member is informed in writing by the Minister that the member is not to be reappointed and that a successor to that member is not to be appointed.

                4Extraordinary vacancies

                1. Any member of the Board may at any time be removed from office by the Minister for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister.

                2. Any member of the Board may at any time resign his or her office by giving written notice to that effect to the Minister.

                3. Every member of the Board who becomes ineligible for appointment to the Board under the provision of section 150 under which the member was appointed shall cease to be a member of the Board.

                4. If a member dies, resigns, is removed from office, or ceases to be a member in accordance with subclause (3), the vacancy so created shall be deemed to be an extraordinary vacancy.

                5. An extraordinary vacancy may be filled by the appointment of a person by the Minister.

                6. Every person appointed to fill an extraordinary vacancy shall be appointed for a term determined by the Minister, not exceeding 3 years.

                Notes
                • Schedule 2 clause 4(1): amended, on , by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).
                • Schedule 2 clause 4(6): amended, on , by section 53(1) of the Statutes Amendment Act 2019 (2019 No 56).

                5Proceedings not invalidated through vacancy in membership

                1. No act or proceeding of the Board, or of any person acting as a member of the Board, shall be invalidated because there was a vacancy in the membership of the Board at the time of the act or proceeding, or because of the subsequent discovery that there was a defect in the appointment of a person so acting, or that the person was incapable of being, or had ceased to be, a member.

                Notes
                • Schedule 2 clause 5: amended, on , by section 28(b) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 5: amended, on , by section 28(c) of the Electricity Amendment Act 2006 (2006 No 70).

                6Appointment of deputies

                1. The Minister may appoint any person to be the deputy of the Presiding Member of the Board or of any other member of the Board.

                2. No person shall be appointed under subclause (1) as the deputy of any member of the Board unless that person is eligible to be appointed as a member of the Board.

                3. Where a member of the Board is appointed as the deputy of the Presiding Member of the Board and acts as the Presiding Member, the Minister may appoint some other qualified person in that person's place as a member of the Board.

                4. Any person who is appointed under this clause as the deputy of the Presiding Member of the Board or of any other member of the Board may attend any meeting of the Board in the place of the person whose deputy that person is.

                5. The fact that any person appointed under this clause acts as a member of the Board shall, in the absence of proof to the contrary, be sufficient evidence of the person's authority to do so.

                7Meetings

                1. Meetings of the Board shall be held at such times and places as the Board or its Presiding Member from time to time appoints.

                2. Repealed

                3. At every meeting of the Board the quorum necessary for the transaction of business shall be 4 members.

                4. Repealed
                Notes
                • Schedule 2 clause 7(2): repealed, on , by section 28(d) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 7(4): repealed, on , by section 28(d) of the Electricity Amendment Act 2006 (2006 No 70).

                8Presiding Member to preside at meetings

                1. At every meeting of the Board the Presiding Member of that body shall preside if he or she is present.

                2. If the Presiding Member is not present at any meeting of the Board, or if there is no Presiding Member of the Board, the Deputy Presiding Member, if present, shall preside.

                3. If neither the Presiding Member nor the Deputy Presiding Member are present at any meeting of the Board, or if there is no Presiding Member and no Deputy Presiding Member of the Board, the members present shall elect some member present to preside at that meeting, and the person so elected shall have and may exercise in such case all the powers and functions of the Presiding Member for the purposes of that meeting.

                4. Repealed
                Notes
                • Schedule 2 clause 8(1): amended, on , by section 28(c) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 8(4): repealed, on , by section 28(d) of the Electricity Amendment Act 2006 (2006 No 70).

                9Voting at meetings

                1. Every question before the Board shall be determined by a majority of the votes of the members present at a meeting of the Board.

                2. The member presiding at any such meeting shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.

                3. A resolution assented to by letter, telegram, fax message, telex, or electronic message by all members of the Board is as valid and effectual as if it had been passed at a meeting of the Board duly called and constituted.

                Notes
                • Schedule 2 clause 9(1): amended, on , by section 28(b) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 9(1): amended, on , by section 28(c) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 9(3): substituted, on , by section 8 of the Electricity Amendment Act 2000 (2000 No 61).
                • Schedule 2 clause 9(3): amended, on , by section 28(b) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 9(3): amended, on , by section 28(c) of the Electricity Amendment Act 2006 (2006 No 70).

                10Disqualification from attendance

                1. No member of the Board shall be entitled to be present or vote or otherwise participate in the capacity of a member of the Board at any part of a meeting of the Board where any matter relating to the member's registration, suspension, or discipline under this Act is being considered.

                Notes
                • Schedule 2 clause 10: amended, on , by section 28(b) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 10: amended, on , by section 28(c) of the Electricity Amendment Act 2006 (2006 No 70).

                11Procedure

                1. Except as expressly provided in this Act, the Board may regulate its procedure in such manner as it thinks fit.

                Notes
                • Schedule 2 clause 11: amended, on , by section 28(e) of the Electricity Amendment Act 2006 (2006 No 70).

                12Committees

                1. The Board may from time to time appoint committees, consisting of 2 or more members of the Board and such other persons (if any) as the Board thinks fit, to inquire into and report to the Board on such matters within the scope of its functions as are referred to them by the Board, or to exercise on behalf of the Board any of its functions or powers, and may from time to time delegate to any such committee any such function or power.

                2. Every committee appointed under this clause shall be subject in all things to the control of the Board, and may at any time be discharged, altered, or reconstituted by the Board.

                3. Subject to any general or special directions given or conditions imposed by the Board, any committee to which any function or power is delegated under this clause may exercise that function or power in the same manner and with the same effect as if it had been conferred directly by this Act and not by delegation.

                4. Every committee purporting to act pursuant to any delegation under this clause shall, until the contrary is proved, be presumed to be acting in accordance with the terms of the delegation.

                5. Any delegation under this clause may be revoked at any time.

                6. No delegation under this clause shall prevent the exercise of any function or power by the Board.

                13Remuneration and travelling allowances

                1. There may be paid to the members of the Board and the members of any committee appointed by the Board, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

                2. For the purposes of subclause (1), the Board and every committee appointed by the Board is declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951.

                Notes
                • Schedule 2 clause 13(1): amended, on , by section 28(f) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 13(2): amended, on , by section 28(g) of the Electricity Amendment Act 2006 (2006 No 70).

                14Application of certain Acts to members

                1. No person shall be deemed to be employed in the service of the Crown for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956 by reason only of that person's appointment as a member of the Board or any committee appointed by the Board.

                Notes
                • Schedule 2 clause 14: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                • Schedule 2 clause 14: amended, on , by section 28(f) of the Electricity Amendment Act 2006 (2006 No 70).

                15Seal

                1. The Board shall have a seal, which shall be judicially noticed in all courts and for all purposes.

                16Annual report

                1. The Board shall in each year furnish to the Minister a report on the operation of the Board in that year.

                2. A copy of every annual report of the Board shall be laid before the House of Representatives not later than 10 sitting days after the date on which it is received by the Minister.

                Notes
                • Schedule 2 clause 16(2): amended, on , by section 53(2) of the Statutes Amendment Act 2019 (2019 No 56).

                17Members not personally liable

                1. No member of the Board shall be personally liable for any act or default done or made by the Board, or by any member of the Board, in good faith in the course of the operations of the Board.

                Notes
                • Schedule 2 clause 17: amended, on , by section 28(b) of the Electricity Amendment Act 2006 (2006 No 70).
                • Schedule 2 clause 17: amended, on , by section 28(c) of the Electricity Amendment Act 2006 (2006 No 70).