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Sale and Supply of Alcohol Act 2012

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

328: District Court may remove member from office

You could also call this:

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

The District Court can remove someone from their job if they have been summoned to court under section 327. You will be removed from your job if the court is satisfied that you were given the summons and that you are not allowed to have the job because of something in this or another law. The court will make this decision based on written or spoken evidence given under oath.

The District Court has the power to do what it normally does in civil cases when deciding whether to remove someone from their job. The court will follow its usual procedures as much as possible.

The District Court cannot use this process to decide anything about a disputed election of a member of a licensing 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=DLM3339866.

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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."

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

328District Court may remove member from office

  1. The office of the District Court that has issued a removal summons under section 327 may remove the member in question if, on the day and at the time appointed for the member's appearance, the court is satisfied that—

  2. the summons has been served on the member; and
    1. on the basis of affidavit evidence or oral evidence on oath, the member is or has become, under this or another Act, disqualified from continuing in office or otherwise incapable of holding office.

      1. In proceedings under this section,—

      2. the District Court may exercise all the powers that it may exercise in its ordinary jurisdiction in civil cases; and
        1. the procedure of the District Court applies as far as applicable.

          1. The District Court must not under this section hear any matter in relation to a disputed election of a member of a licensing trust.

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          Notes
          • Section 328(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).