New Zealand Gazette – 2004 – No. 135

Page 3334

✨ Ports of Auckland Limited Rules



3334

NEW ZEALAND GAZETTE, No. 135
(c)

22 OCTOBER 2004

to the extent practicable, involve the ARC in the procedures specified in section 28 of
the Act.

To the extent that any acquisition or disposition of an asset by Ports of Auckland Limited (or
any subsidiary of Ports of Auckland Limited) requires the approval of ARH, in its capacity as
a shareholder, under the Companies Act 1993, the NZX listing rules or the constitution of
Ports of Auckland Limited, the Board will ensure that ARH gives or does not give any such
approval (as the case may be) in accordance with any direction of the ARC regarding that
matter received by the Board prior to giving or not giving (as the case may be) such
approval.

  1. Appointment and removal of directors

4.1 Number

The number of Directors will not at any time be more than 6 nor less than 4.

4.2 Appointment and removal

The ARC may appoint or remove a Director by written notice to such Director (with a copy to
ARH) and publishing such notice in the Gazette as required by section 24 of the Act or
clause 4(1)(d) of schedule 1 to the Act (as the case may be). The notice may:

4.3

(a) state the date on which the appointment or removal (as the case may be) takes effect
which must not be earlier than the date on which the notice is received by the Director; and

(b) (in the case of a notice of appointment) state the term of the appointment.

Validity of appointment

Subject to rule 4.4, the appointment of a person as Director is not invalid only because a
defect existed in the appointment of that person.

4.4 Persons disqualified as directors

The following persons are disqualified from being Directors:

(a) a person who is an undischarged bankrupt, or is subject to an arrangement or
compromise with that person’s creditors generally;

(b) a person who is prohibited from being a director or promoter of, or being concerned or
taking part in the management of, a company under sections 382, 383 or 385 of the
Companies Act 1993;

(c) a person who is subject to a property order made under sections 10, 11, 12, 30 or 31
of the Protection of Personal and Property Rights Act 1988, or whose property is
managed by a trustee corporation under section 32 of that Act;

(d) a person who, while holding office as a Director of ARH, is convicted of an offence
punishable by a term of imprisonment of 2 years or more. The disqualification does
not take effect until the expiration of the time for appealing against the conviction or
decision; or if there is an appeal against the conviction or decision, until the appeal is
determined; and the person is deemed to have been granted leave of absence until
the expiration of that time, and is not capable of acting as a director during that time;



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Online Sources for this page:

VUW Te Waharoa — PDF NZ Gazette 2004, No 135


Gazette.govt.nz — PDF NZ Gazette 2004, No 135




✨ LLM interpretation of page content

🏘️ Construction Rules for Interpretation (continued from previous page)

🏘️ Provincial & Local Government
Interpretation, Construction, Definitions, Rules, Statutory References, Financial Statements, Valuations, Contingent Liabilities

🏗️ Ports of Auckland Limited Rules

🏗️ Infrastructure & Public Works
Ports, Auckland, Directors, Appointment, Removal, Qualifications