✨ Ports of Auckland Limited Rules
22 OCTOBER 2004
NEW ZEALAND GAZETTE, No. 135
4.5
(e) a person who is disqualified to act as a director of ARH under the Act or another enactment;
(f) a person who is an employee of any member of the ARC Group; or
(g) a person who has not, as at the time of appointment or at any time during his or her term in office, complied with any conditions imposed by the ARC regarding his or her appointment as a Director.
Requirement before appointment
Before a person may be appointed as a Director, the person must:
4.6
(a) consent in writing to being a Director; and
(b) certify that he or she is not disqualified from being a Director; and
(c) disclose to ARH and the ARC the nature and extent (including monetary value, if quantifiable) of all Interests (as defined in rule 9.8) that the person has at that time, or is likely to have, in matters relating to the ARC Group.
Rotation
One third of the Directors or, if their number is not a multiple of three, then the number nearest to one third, will retire from office at the end of each financial year of ARH. The Directors to retire will be:
(a) those who have a term of office which expires on that date; and
(b) to the extent that the Directors referred to in paragraph (a) are insufficient to constitute one-third of the Directors, those who have been longest in office since they were last elected or deemed elected. In the case of Directors who were last appointed Directors on the same day, those to retire will be determined by the ARC.
Notwithstanding the previous part of this rule 4.6, none of the initial Directors are required to retire by rotation at the end of the first financial year of ARH.
Subject to rule 4.8, a Director will continue in office despite the expiry of his or her term of office until:
4.7
(c) the Director is reappointed; or
(d) the Director’s successor is appointed; or
(e) the ARC notifies the Director (with a copy to ARH) that the Director is not to be reappointed.
Vacation of office
Without limiting clause 4 of schedule 1 to the Act, a Director will cease to hold office as a Director if the Director:
(a) resigns in accordance with rule 4.8;
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2004, No 135
Gazette.govt.nz —
NZ Gazette 2004, No 135
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