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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Licensing trusts - Removal from office

327: District Court may issue removal summons

You could also call this:

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

The District Court in your area can issue a removal summons if they get evidence that a member of a licensing trust is not allowed to keep their job. This can happen if the member is disqualified or unable to hold office under this or another Act. You can find more information about this in the District Court Act 2016.

A removal summons is a formal notice that tells the member to go to the District Court and explain why they should not be removed from their job. The notice must be in a special format and it tells the member that they might be removed because they are disqualified or unable to hold office. The District Court will look at the evidence and decide what to do next.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339864.

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326: Extraordinary vacancies, or

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

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328: District Court may remove member from office, or

"The District Court can sack someone from their job if they've broken the law."

Part 3Licensing trusts, community trusts, and other matters
Licensing trusts: Removal from office

327District Court may issue removal summons

  1. The office of the District Court in the district of a licensing trust may issue a removal summons if evidence is produced in that court by affidavit or in some other form that a member of the trust is or has become, under this or another Act, disqualified from continuing in office or otherwise incapable of holding office.

  2. For the purpose of this section, a removal summons is a summons in the prescribed form requiring the member in question to appear before the District Court and give reasons why he or she should not be removed from office on the ground of disqualification or other incapacity referred to in subsection (1).

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Notes
  • Section 327(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).