Sale and Supply of Alcohol Act 2012

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

323: Disqualification from continuing to be member of licensing trust

You could also call this:

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

You cannot keep being a member of a licensing trust if you would be stopped from being elected or appointed as a member under section 322. If a court makes a special order about you under section 30 of the Protection of Personal and Property Rights Act 1988, this order does not automatically stop you from being a member. However, while the order is in place, you are considered to be on leave and cannot make decisions as a member of the trust.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339859.


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

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324: Offence of acting as member of licensing trust while disqualified, or

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

323Disqualification from continuing to be member of licensing trust

  1. A member of a licensing trust is disqualified from continuing to be a member of the trust if he or she would be disqualified under section 322 from election or appointment as a member.

  2. However, where an order is made under section 30 of the Protection of Personal and Property Rights Act 1988 in respect of a member of a licensing trust,—

  3. the member is not disqualified from continuing as a member of the trust by reason only of the order; but
    1. while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member of the trust.
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