5Provisions applying in relation to New Zealand Council of Legal Education Empowered by s 287
1Meetings
Meetings of the Council must be held at least once in each year and at such times and places as the chairperson or the Council determines.
At any meeting of the Council, a quorum consists of any 8 members of the Council.
Any member who is unable to be present at a meeting of the Council or any committee of the Council may, by instrument in writing signed by that member and supplied to the chief executive, appoint some other person to attend in his or her place.
The fact that any person so attends is sufficient evidence of his or her authority to do so; and, while attending, he or she is deemed to be a member of the Council.
The chairperson presides at every meeting of the Council at which he or she is present.
If at any meeting the chairperson is not present or there is no chairperson, the Council may appoint some member present to act as chairperson for that meeting; and the person so appointed has, in respect of that meeting, all the powers of the chairperson.
At any meeting of the Council, the person presiding has a deliberative vote, and, in the case of an equality of votes, also has a casting vote.
Every question before the Council is to be decided by a majority of the valid votes recorded on the question.
A resolution in writing signed, or assented to by letter, facsimile, electronic mail, telegram, cable, or telex message, by all the members of the Council for the time being present in New Zealand is as valid and effectual as if it had been passed at a duly constituted meeting of the Council; but the chairperson must report to the Council every resolution so signed since its previous meeting, and lay before it a copy of every such resolution.
Except as expressly provided in this Act, the Council may determine its own procedure.
Compare
- 1982 No 123 s 36
2Special meetings
The chairperson of the Council must call a special meeting of the Council on the requisition in writing of any 3 members.
Notice of the meeting must be posted to each member at his or her usual address at least 7 clear days before the date of the meeting.
Compare
- 1982 No 123 s 37
3Teleconference meeting
A resolution is as valid and effectual as if it had been passed at a meeting of the Council duly called and constituted if—
- a telephone or video conference of at least 8 members of the Council is held; and
- all reasonable efforts have been made to enable every member to participate in the conference; and
- each member who participates in the conference is able to express individually his or her consensus with, or vote on, any question arising during the meeting; and
- the resolution is assented to by consensus or by a majority of at least 75% of the members participating in the conference.
4Power to adjourn
The chairperson may, with the consent of any meeting of the Council at which a quorum is present (other than a special meeting or a teleconference meeting), and must if so directed by the meeting, adjourn the meeting from time to time and from place to place.
No business may be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.
An adjourned meeting must be held in the same place unless another place is specified in the resolution for the adjournment.
If the meeting is adjourned for 10 days or more,—
- notice of the adjourned meeting must be given as in the case of an original meeting; but
- it is not necessary in any other case to give any notice of adjournment or of the business to be transacted at an adjourned meeting.
5Remuneration and travelling allowances
The members of the Council, and the members of any committee appointed by the Council, are to be paid such fees, salaries, and allowances, and such travelling allowances and expenses, as are, from time to time, determined by the Attorney-General after consultation with the Council.
Compare
- 1982 No 123 s 41
6Employees
The Council may appoint a chief executive and any other employees it thinks necessary for the efficient performance of its functions.
Subject to the employee's terms and conditions of employment, the Council may, at any time, terminate or suspend the employment of any employee.
Subject to subclause (4), employees appointed under subclause (1) are to be employed on such terms and conditions of employment, and are to be paid such salaries and allowances, as the Council from time to time determines.
The terms and conditions of employment of the chief executive and the salary and allowances paid to the chief executive are to be determined by the Council after consultation with the Public Service Commission.
Any determination under subclause (3) or subclause (4) takes effect on a day (whether the day it is made or any earlier or later day) specified in it.
If no day is specified, the determination takes effect on the date on which it is made.
Compare
- 1982 No 123 s 42
Notes
- Schedule 5 clause 6(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
7Personnel policy
The Council must operate a personnel policy that complies with the principle of being a good employer.
For the purposes of this clause, a good employer is an employer that operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring—
- good and safe working conditions; and
- an equal employment opportunities programme; and
- the impartial selection of suitably qualified people for appointment; and
- recognition of—
- the aims and aspirations of Māori; and
- the employment requirements of Māori; and
- the need for involvement of Māori as employees of the employer operating the policy; and
- the aims and aspirations of Māori; and
- opportunities for the enhancement of the abilities of individual employees; and
- recognition of the aims and aspirations, and the cultural differences, of ethnic or minority groups; and
- recognition of the employment requirements of women; and
- recognition of the employment requirements of people with disabilities.
Compare
- 1982 No 123 s 42A
8Equal employment opportunities programme
The Council—
- must, each year, develop and publish an equal employment opportunities programme:
- must, each year, ensure that the equal employment opportunities programme for that year is complied with.
For the purposes of this clause and clause 7, an equal employment opportunities programme is a programme aimed at identifying and eliminating all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect of the employment of any people or group of people.
The Council must include in every annual report a statement of the extent to which its equal employment opportunities programme for the year to which the report relates was complied with.
Compare
- 1982 No 123 s 42B
9Superannuation or retiring allowances
For the purpose of providing a superannuation fund or retiring allowance for any of the employees of the Council, sums by way of subsidy may, from time to time, be paid into a retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).
Despite anything in this Act, any person who, immediately before becoming an employee of the Council, was a contributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 is, for the purposes of that Act, to be treated as employed in the Government service so long as that person continues to be an employee of the Council; and that Act applies to that person in all respects as if that person's service as such an employee of the Council were Government service.
Subject to the Government Superannuation Fund Act 1956, nothing in subclause (2) entitles any person to become a contributor to the Government Superannuation Fund after that person has once ceased to be a contributor.
For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with subclause (2), to a person who is in the service of the Council as an employee and is a contributor to the Government Superannuation Fund, controlling authority, in relation to that person, means the Council.
Compare
- 1982 No 123 s 42C
Notes
- Schedule 5 clause 9(1): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
10Application of certain Acts to members and employees
No person is to be treated as being employed in the service of the Crown for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956 by reason only of that person's membership of the Council or by reason only of that person's employment under clause 6.
Compare
- 1982 No 123 s 42E
Notes
- Schedule 5 clause 10: amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
11Crown may provide services for Council
The Crown, acting through any department of State, may, from time to time, at the request of the Council, execute any work or enter into any arrangements for the execution or provision by the department for the Council of any work or service, or for the supply to the Council of any goods, stores, or equipment, on and subject to any terms and conditions agreed between the Council and the department's chief executive.
Compare
- 1982 No 123 s 42D
12Funds of Council
The Council's funds comprise—
- all money appropriated by Parliament for the purposes of the Council and paid to the Council for the purposes of the Council:
- all other money lawfully received by the Council for the purposes of the Council:
- all accumulations of income derived from any such money.
Compare
- 1982 No 123 s 42F
13Bank accounts
The Council may open at such bank or banks as may be determined, from time to time, by the Council such accounts as are necessary for the exercise of its functions and powers.
All money received by the Council, or by any employee of the Council, must, as soon as practicable after it has been received, be paid into bank accounts of the Council from time to time determined by the Council.
The withdrawal or payment of money from any such account may be authorised in any manner the Council thinks fit.
Compare
- 1982 No 123 s 42G
14Investment of money
Any money which belongs to the Council and which is not immediately required for expenditure by the Council may be invested subject to the restrictions in section 161 of the Crown Entities Act 2004.
Compare
- 1982 No 123 s 42H
15Seal
The common seal of the Council must be held in the custody of such officer of the Council as the Council, from time to time, appoints.
The common seal must not be affixed to any document except under a resolution of the Council, or of a committee of the Council acting with the authority of the Council.
The execution of any document so sealed must be attested to—
- by the chairperson of the Council or the chief executive of the Council; and
- by 2 members of the Council.
The common seal of the Council must be judicially noticed in all courts and for all purposes.
Compare
- 1982 No 123 s 42I
16Exemption from income tax
The income of the Council is exempt from income tax.
Compare
- 1982 No 123 s 42J
17Council and members, etc, not personally liable
Neither the Council, nor a committee appointed under section 280, nor any member, officer, agent, or employee of either of those bodies, is under any criminal or civil liability in respect of—
- any act done or omitted to be done in the course of the performance or exercise or intended performance or exercise of any of their functions, duties, or powers under this Act or any regulations or rules made under this Act; or
- any words spoken or written at, or for the purposes of, the hearing of any inquiry or other proceedings under this Act or any regulations or rules made under this Act; or
- anything contained in any notice given under this Act or any regulations or rules made under this Act,—
Compare
- 1982 No 123 s 31B


