Lawyers and Conveyancers Act 2006

New Zealand Council of Legal Education

284: Extraordinary vacancies

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"What happens when a Council member leaves their job unexpectedly"

Illustration for Lawyers and Conveyancers Act 2006

You can be removed from the New Zealand Council of Legal Education if you cannot do your job, neglect your duties, or behave badly. The Governor-General decides if you should be removed. You are also considered to have left your position if you are declared bankrupt under the Insolvency Act 2006. You can resign from the Council at any time by writing to the Attorney-General. If you die, resign, or are removed, your position becomes available and must be filled in the same way it was originally. If someone new is appointed to fill the available position, they will be in the role for the rest of the term of the person who left. This means they will be in the role until the time when the original person's term would have ended.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367346.

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Part 8New Zealand Council of Legal Education

284Extraordinary vacancies

  1. An appointed member of the Council may, at any time, be removed from office by the Governor-General for inability to perform the functions of the office, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

  2. An appointed member is deemed to have vacated his or her office if he or she is, under the Insolvency Act 2006, adjudged bankrupt.

  3. Despite subsection (1), if at any time an appointed member holds judicial office, he or she may not be removed from the office of appointed member, except for inability to perform the functions of the office, unless he or she is removed or suspended from his or her judicial office.

  4. An appointed member may, at any time, resign his or her office by giving notice in writing to that effect to the Attorney-General.

  5. If an appointed member dies or resigns or is removed from office, or is deemed to have vacated his or her office, the vacancy so created is deemed to be an extraordinary vacancy and must be filled in the manner in which the appointment to the vacant office was originally made.

  6. Every person appointed to fill an extraordinary vacancy in the office of an appointed member must be appointed for the residue of the term for which the vacating member was appointed.

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Notes
  • Section 284(2): amended, on , by section 445 of the Insolvency Act 2006 (2006 No 55).