Deposit Takers Act 2023

Crisis management and resolution - Conduct of resolution - Auditors

342: Bank may remove auditor from office

You could also call this:

"The Bank can fire an auditor if they have a good reason and follow the rules."

Illustration for Deposit Takers Act 2023

The Bank can remove an auditor from their job at any time if they have a good reason. You might wonder what a good reason is - it means the auditor cannot do their job, has gone bankrupt, has not done their job properly, or has done something wrong. The Bank must tell the auditor in writing that they are being removed.

The written notice must say when the removal will happen, and it cannot be before the notice is given. You will be able to find out about the removal because the Bank must publish it in the Gazette. If you want to know more about similar rules, you can look at the link to legislation from 1989.

The Bank has to follow these rules when removing an auditor. They must be fair and have a good reason for removing the auditor. This is how the Bank removes an auditor from their job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS536640.


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341: Existing auditor ceases to hold office, or

"When a deposit taker has problems, its auditor stops the job but might work with them again later."


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343: Auditor’s fees, or

"The Bank decides how much to pay the auditor who checks their work."

Part 7Crisis management and resolution
Conduct of resolution: Auditors

342Bank may remove auditor from office

  1. The Bank may, at any time for just cause, remove an auditor from office.

  2. In this section, just cause means any of the following proved to the satisfaction of the Bank:

  3. inability to perform the functions of the office:
    1. bankruptcy:
      1. neglect of duty:
        1. misconduct.
          1. The removal must be made by written notice to the auditor.

          2. The notice must—

          3. state the date on which the removal takes effect, which must not be earlier than the date on which the notice is given; and
            1. be published in the Gazette.
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