Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Licensing trusts - Members

320: Minister may appoint deputy of member

You could also call this:

"The Minister can choose a helper to replace a sick or absent trust member."

The Minister can appoint someone to help a member of a licensing trust if that member is unable to do their job because they are sick, away, or have another good reason. You might wonder who the Minister can choose to be the deputy - it must be someone the trust nominates, or if the trust does not choose someone, the Minister can pick anyone they like. The Minister can only appoint one deputy for a trust at a time.

If the Minister appoints a deputy, that person is treated like a regular member of the trust while they are acting as deputy. This means they have the same powers and responsibilities as a regular member. When a deputy is appointed, you cannot challenge their appointment or the decisions they make in court, even if you think the Minister should not have appointed them or if the reason for the appointment is no longer valid.

The rules about appointing a deputy are similar to rules in other laws, such as s 198, which you can read about on the legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339854.


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319: Deputy president, or

"The deputy president is a person chosen to replace the president if they are away or unable to do their job."


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321: Remuneration, or

"Getting paid for being on a licensing trust"

Part 3Licensing trusts, community trusts, and other matters
Licensing trusts: Members

320Minister may appoint deputy of member

  1. This section applies where the Minister is satisfied that a member of a licensing trust is unable through illness, absence, or some other adequate reason to perform his or her duties.

  2. In any case to which this section applies, the Minister may appoint a person to act as deputy for the member, and the person appointed must be a person nominated by the trust or, if the trust fails to nominate a person, a person selected by the Minister at his or her discretion.

  3. There may not be more than 1 deputy in respect of a licensing trust at any one time.

  4. A person appointed as a deputy under this section and acting in that capacity is treated for all purposes as if he or she were a member of the trust.

  5. The validity of the appointment of a person as deputy, and the acts of that person as deputy and of the trust while that person is acting in that capacity, must not be challenged in any proceeding on the basis that—

  6. there was no ground for making the appointment; or
    1. the ground for making the appointment had come to an end.
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