1 JULY
NEW ZEALAND GAZETTE
1849

concerned for a period not exceeding 12 months, or resolve that the member be expelled from The Institute.

(5) A resolution of the Ethics Committee that a member be expelled shall not take effect until such resolution is confirmed by an ordinary resolution of the Council of The Institute, and the member concerned shall be given the opportunity to be heard by the Council before it decides whether or not to adopt any such resolution of the Ethics Committee.

(6) A member who is dissatisfied with a decision on an ethics complaint by the Ethics Committee adverse to that member may by notice in writing delivered to the Chief Executive Officer of The Institute within sixty days of the giving of such a decision (or within such later time as the Council may by ordinary resolution allow) appeal against such decision.

(7) The Council shall proceed to hear and determine an appeal from a decision of the Ethics Committee as expeditiously as is reasonable. The member appealing shall be given a reasonable opportunity to be heard on the appeal, but otherwise the procedure to be adopted shall be in the discretion of the Council. The Council shall decide the appeal by ordinary resolution, and shall in reaching a decision as to what should be the outcome of the ethics complaint giving rise to the appeal have all of the powers of the Ethics Committee, and may, within those powers, decide to vary the penalty that was imposed by the Ethics Committee.

(8) On the hearing of an appeal by the Council, and in considering whether or not to confirm a resolution of the Ethics Committee that a member be expelled, the Council shall be provided with a record of the proceedings before the Ethics Committee, including the evidence, and shall be bound by any findings of fact made by the Ethics Committee, unless it is persuaded that it would be manifestly unjust for it to do so, and it shall not be necessary for the evidence before the Ethics Committee to be recalled before the Council.

(9) In any proceeding under this Bylaw neither the Ethics Committee nor the Council shall be bound by the rules of evidence and each shall proceed with as little formality and technicality and as much expedition as a fair consideration permits.

(10) The Ethics Committee or the Council may direct that any finding made by the Ethics Committee or the Council (as the case may be) made against a member as a result of an ethics complaint be reported to members in a publication of The Institute, or be reported to appropriate regulatory authorities.

(11) A member about whom an ethics complaint has been made and which is subsequently dismissed may publicise that dismissal to the same extent as any publicity given the lodging of the ethics complaint.

(12) The Council may from time to time make or amend Guidelines to assist members in the implementation of this Bylaw. Such Guidelines must not be inconsistent with this Bylaw.

(13) All members are bound by a determination of the Ethics Committee or the Council made pursuant to this Bylaw.

(14) Notwithstanding the above, if a member against whom the Council has made an adverse resolution in respect of an ethics complaint is dissatisfied with that resolution, the member shall have the right to appeal to the President of The Institute of Arbitrators Australia to appoint an arbitrator to make a determination in accordance with the procedures of that Institute. The determination of the arbitrator shall be accepted by the Council and by every person concerned.

(15) A member about whom an ethics complaint is made may be represented at any hearing of that ethics complaint or any appeal by a duly qualified legal practitioner.

Bylaw 31—

31. Entrance and transfer fees and annual subscriptions shall be fixed on the recommendation of Council. Council may increase subscriptions in any one year by up to 10 percent without calling an Extraordinary General Meeting of the membership. Should Council resolve to increase subscriptions by more than 10 percent it shall seek approval of the membership.

A member who has reached the age of 60 years and has a combined age plus years of paid subscription amounting to 95 may apply to pay a reduced annual subscription equal to 25 percent of the annual subscription payable by the grade of member to which he belongs. In special cases the Council may waive these requirements.

A member with at least five years service who has reached the age of 55 years and has retired or substantially retired may apply to pay a reduced annual subscription equal to 50 percent of the normal annual subscription for the grade of membership. Substantial retirement means that professional income is less than ten percent of the pre-retirement professional income.

Bylaw 59—

59. The Council may appoint a Finance and Audit Committee as a sub-committee of the Executive Committee. It shall consist of the Chairman of the Executive Committee, the Honorary Treasurer, the Chief Executive Officer and one Councillor. The Finance and Audit Committee shall submit its recommendations for approval at the next meeting of the Executive Committee unless already charged by the Executive Committee to take that decision.

Bylaw 72—

72. Voting for Candidates—The names of all candidates for election to the Council shall be listed on the ballot paper in random lot. A voter shall strike out the names on the list of such persons for whom he does not intend to vote. Any ballot paper which has been returned showing more names than there are vacancies shall be deemed invalid.

Bylaw 75—

75. Any ballot paper received after forty (40) days from the date of posting from The Institute shall be deemed to be invalid. All ballot papers received within forty (40) days shall be opened and examined by two scrutineers appointed by the Council who shall report the results to the Council. The ballot papers shall be destroyed by the Scrutineers after they have certified the results and Council has ratified this decision.

DIANE WILDERSPIN, Acting for Clerk of the Executive Council.

Business Development Boards Act 1991

Notice of Appointment of Deputy Chairperson of the Wairarapa Business Development Board

Pursuant to section 11 of the Business Development Boards Act 1991, the Minister of Business Development is pleased to appoint:

Lesley Jeanette Christian, accountant of Featherston as the deputy chairperson of the Wairarapa Business Development Board for the period commencing on the 1st day