✨ Rules of the Auckland Regional Transport Authority
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NEW ZEALAND GAZETTE, No. 136
22 OCTOBER 2004
4.5
(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, is convicted of an offence punishable by imprisonment for a term of 2 years or more. This 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. That person is deemed to have been granted leave of absence as a Director until the expiration of that time, and is not capable of acting as a Director during that time; or
(e) a person who:
(i) is a member or employee of any Auckland local authority or an employee of any ARC Group member; or
(ii) has a financial interest in any contract or arrangement entered into by ARTA; or
(iii) is otherwise disqualified to act as a director of ARTA under the Act or another enactment.
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;
(b) certify that he or she is not disqualified from being a Director; and
(c) disclose to ARTA and the ARC the nature and extent (including monetary value, if quantifiable) of all Interests (as defined in rule 8.7) that the person has at that time, or is likely to have, in matters relating to the ARC Group; and
(d) have complied with any requirement of the ARC in relation to any such Interest notified to such person by the ARC on or prior to any such notification of appointment.
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 ARTA. 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 is required to retire by rotation at the end of the first financial year of ARTA.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2004, No 136
Gazette.govt.nz —
NZ Gazette 2004, No 136
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