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Sale and Supply of Alcohol Act 2012

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

326: Extraordinary vacancies

You could also call this:

"Filling a sudden empty spot on a licensing trust when someone leaves their job early."

If you are a member of a licensing trust and you leave your job under section 325, this creates an extraordinary vacancy. You can find out more about this in section 325. When this happens, the vacancy must be filled by an election, which follows the rules of the Local Electoral Act 2001.

If the extraordinary vacancy happens 12 months or less before the next triennial general election, the trust can either leave the vacancy empty until the election or appoint a qualified person to fill the vacancy. If they appoint someone, that person is treated as if they were elected.

When someone is elected or appointed to fill an extraordinary vacancy, they only get to be in that job for the rest of the time the previous person was supposed to be there.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339862.

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325: Vacation of office by members, or

"When a member of a licensing trust stops being a member because they die, do something wrong, resign, or miss meetings."

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327: District Court may issue removal summons, or

"The District Court can order someone to explain why they shouldn't be removed from their job on a licensing trust."

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

326Extraordinary vacancies

  1. An extraordinary vacancy in the office of a member of a licensing trust occurs when a member vacates office under section 325.

  2. An extraordinary vacancy must be filled by an election under the applicable provisions of the Local Electoral Act 2001.

  3. However, if the extraordinary vacancy is a vacancy in the office of an elected member that occurs 12 months or less than 12 months before the date fixed for the next triennial general election of members, either—

  4. the vacancy must remain unfilled until the next triennial general election of members; or
    1. the trust may by resolution appoint a person that is qualified to be elected as a member to fill the vacancy, in which case the person appointed is treated for all purposes as if he or she had been elected.

      1. A person elected or appointed to fill an extraordinary vacancy holds office only for the remainder of the previous member's term.

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