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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Community trusts - Trustees

377: Disqualification from continuing to hold office as trustee

You could also call this:

"When you can't keep being a trustee of a community trust because you don't meet the rules."

If you are a trustee of a community trust, you cannot keep being a trustee if you would be stopped from becoming a trustee under section 376. You are stopped from being a trustee if you do not meet the rules in section 376. This means you have to leave your job as a trustee.

If a special order is made about you under section 30 of the Protection of Personal and Property Rights Act 1988, you are not automatically stopped from being a trustee. While the order is in place, you are treated as being on leave and you cannot make decisions as a trustee. This means you cannot do your job as a trustee until the order is lifted.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339930.

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376: Disqualification from election or appointment as trustee, or

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Part 3Licensing trusts, community trusts, and other matters
Community trusts: Trustees

377Disqualification from continuing to hold office as trustee

  1. A trustee of a community trust is disqualified from continuing to hold office as a trustee if he or she would be disqualified under section 376 from election or appointment as a trustee.

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

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

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