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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Licensing trusts - Disqualification and vacancies

322: Disqualification from election or appointment as member of licensing trust

You could also call this:

"Who can't be on a group that decides about alcohol licences in their area"

You cannot be elected or appointed as a member of a licensing trust if you are not a residential elector of the trust district. You also cannot be a member if you have a connection to the alcohol industry that could make you biased. This means you might not be able to make fair decisions as a member of the licensing trust.

If the boundaries of a trust district or ward change because of a recommendation from the Local Government Commission under section 304 or 337, you might still be able to be a member for a little while. This is only if the change would normally disqualify you because of where you live. You can still be a member for the next two triennial general elections, as long as you do not move to a different house during that time.

You will be treated as if you are still qualified to be a member for those two elections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339857.

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323: Disqualification from continuing to be member of licensing trust, or

"When you can't stay on a licensing trust"

Part 3Licensing trusts, community trusts, and other matters
Licensing trusts: Disqualification and vacancies

322Disqualification from election or appointment as member of licensing trust

  1. A person is disqualified from election or appointment as a member of a licensing trust if he or she—

  2. is not a residential elector of the trust district or, in the case of the election or appointment of any member for a ward of a divided trust district, is not a residential elector entitled to vote at elections of members for that ward:
    1. has (directly or by virtue of his or her relationship with another person) such an involvement or appearance of involvement with the alcohol industry that he or she could not perform the duties of a member of a licensing trust without actual bias or the appearance of bias.

      1. If the effect of the alteration of the boundaries of a trust district or ward on the recommendation of the Local Government Commission under section 304 or 337 is to disqualify a person under subsection (1)(a), he or she is to be treated as if he or she were not disqualified under that subsection for the purposes of the 2 next following triennial general elections of members, unless he or she changes his or her residential address during that period.

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