β¨ Rules of Auckland Regional Holdings
7 NOVEMBER 2005 NEW ZEALAND GAZETTE, No. 185 4689
(a) that relate to liability for any act or omission in his or her capacity as a director or employee; and
(b) in which judgment is given in his or her favour, or in which he or she is acquitted or which is discontinued.
11.3 Indemnity β Liability
ARH may indemnify any director or employee of any ARH Group member in respect of:
(a) liability to any person other than ARH 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 ARH or any ARC Group member.
11.4 Insurance
ARH may, in the absence of relevant insurance cover arranged by the ARC, effect insurance for any director or employee of an ARH Group member (or any employee of the ARC seconded to an ARH Group member or undertaking activities on behalf of an ARH 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.
11.5 Certificate & Interests Register
The Directors who vote in favour of authorising the effecting of insurance under rule 11.4 must sign a certificate stating that, in their opinion, the cost of effecting the insurance is fair to ARH.
The Board will ensure that particulars of any indemnity given to, or insurance effected for, any director or employee of any ARH Group member are forthwith entered in the Interests Register.
11.6 Definitions
In this rule 11:
"director" includes a former director;
"effect insurance" includes paying, whether directly or indirectly, the costs of insurance;
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2005, No 185
Gazette.govt.nz —
NZ Gazette 2005, No 185
β¨ LLM interpretation of page content
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Rules of Auckland Regional Holdings
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ποΈ Provincial & Local Government26 September 2005
Rules, Auckland Regional Holdings, Local Government, Directors, Remuneration, Indemnity, Insurance