✨ Rules of the Auckland Regional Transport Authority
22 OCTOBER 2004 NEW ZEALAND GAZETTE, No. 136 3367
(b) in which judgment is given in his or her favour, or in which he or she is acquitted or
which is discontinued.
10.3 Indemnity – liability
ARTA may indemnify any director or employee of any ARTA Group member in respect of:
(a) liability to any person other than ARTA or any ARC Group member for any act or
omission in his or her capacity as a director or employee; or
(b) costs incurred by that director or employee in defending or settling any claim or
proceeding relating to such liability,
not being criminal liability or liability in respect of a breach, in the case of an employee, of
any fiduciary duty owed to ARTA or any ARC Group member.
10.4 Insurance
ARTA may, in the absence of relevant insurance cover arranged by the ARC, effect
insurance for any director or employee of an ARTA Group member in respect of:
(a) liability, not being criminal liability, for any act or omission in his or her capacity as a
director or employee;
(b) costs incurred by that director or employee in defending or settling any claim or
proceeding relating to any such liability;
(c) costs incurred by that director or employee in defending any criminal proceedings:
(i) that have been brought against the director or employee in relation to any act or
omission in his or her capacity as a director or employee; and
(ii) in which he or she is acquitted.
10.5 Certificate and interests register
The Directors who vote in favour of authorising the effecting of insurance under rule [10.4]
must sign a certificate stating that, in their opinion, the cost of effecting the insurance is fair
to ARTA.
The Board will ensure that particulars of any indemnity given to, or insurance effected for,
any director or employee of any ARTA Group member are forthwith entered in the Interests
Register.
10.6 Definitions
In this rule [10]:
\"director\" includes a former director;
\"effect insurance\" includes paying, whether directly or indirectly, the costs of insurance;
\"employee\" includes a former employee; and
\"indemnify\" includes relieve or excuse from liability, whether before or after the liability
arises, and \"indemnity\" has a corresponding meaning.
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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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