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Health Practitioners Competence Assurance Act 2003
THIRD: Provisions applying to authorities
Schedule 3 s 135
Provisions applying to authorities
Proceedings generally
1 Procedure
2 Information authorities may act on
Chairperson and deputy chairperson
3 Chairperson and deputy chairperson
4 Deputy chairperson may act for chairperson
Conduct of meetings, conflict of interest, and resolutions passed without
meetings
5 Meetings
6 Members representing other members
7 Chairperson to preside at meetings
8 Voting at meetings
9 Teleconference meetings
10 Member may not be present if subject of authority consideration
11 Meaning of interested
12 Obligation to disclose interest
13 Method of disclosure of interest
14 Consequences of interest
15 Resolution assented to by members
Matters of administration
16 Appointment of committees
17 Delegation by authorities
18 Review of decisions of delegate
19 Delegation by Registrars
Dealings with third parties by authorities
20 Method of contracting
21 Attorneys
22 Presumptions and savings of certain transactions
Proceedings generally
1 Procedure
(1) Each authority may regulate its procedure in any manner that it thinks
fit.
(2) Subclause (1) is subject to this Act and any regulations made under this
Act.
Compare: 1995 No 95 cl 13(2) of Second Schedule
2 Information authorities may act on
Each authority must observe the rules of natural justice but, subject to
that requirement, may receive as evidence any statement, document, information,
or matter, whether or not it would be admissible in a court of law.
Compare: 1995 No 95 cl 13(1) of Second Schedule
Chairperson and deputy chairperson
3 Chairperson and deputy chairperson
(1) At its first meeting in each year, each authority must elect 1 of its
members to be the chairperson of the authority, and another to be the deputy
chairperson of the authority.
(2) A member who holds the office of chairperson or deputy chairperson
continues in office until his or her successor is elected, and is eligible for
re-election (subject to section 122).
(3) A member who holds the office of chairperson or deputy chairperson
may---
(a) at any time be removed from the office of chairperson or deputy
chairperson by the authority; or
(b) at any time resign his or her office by giving notice to that effect
to the Registrar of the authority.
(4) If a person who holds the office of chairperson or deputy chairperson
ceases to be a member of the authority, the authority must elect 1 of its
members to fill that vacancy in the office of chairperson or deputy chairperson
as soon as reasonably practicable.
Compare: 1995 No 95 cl 1 of Second Schedule
4 Deputy chairperson may act for chairperson
(1) The deputy chairperson of an authority has and may exercise or perform
all the functions, duties, and powers of the chairperson if---
(a) the chairperson of the authority is at any time incapable of acting
as chairperson because of illness, absence, or any other reason; or
(b) there is a vacancy in the office of chairperson.
(2) The deputy chairperson is, while acting for the chairperson, to be
regarded as the chairperson of the authority.
(3) No act done by the deputy chairperson while acting for the chairperson
and no act done by the authority while the deputy chairperson is acting for the
chairperson, may in any proceedings be questioned on the ground that the
occasion entitling the deputy chairperson to act had not arisen or had
ceased.
Compare: 1995 No 95 cl 2 of Second Schedule
Conduct of meetings, conflict of interest, and resolutions passed without
meetings
5 Meetings
(1) Meetings of every authority are held at---
(a) times appointed by each authority; and
(b) subject to clause 9, places appointed by the authority.
(2) The Registrar of each authority must give each member of the authority
notice of a meeting of the authority, but the Registrar is not required to give
notice to a member who is absent from New Zealand.
(3) At meetings of authorities, the quorum necessary for the transaction of
business is,---
(a) 3 members, in the case of an authority that at any time has 5 or 6
members; and
(b) 4 members, in the case of an authority that at any time has 7 or 8
members; and
(c) 5 members, in the case of an authority that at any time has 9 or 10
members; and
(d) 6 members, in the case of an authority that at any time has 11 or
more members.
(4) Each quorum must include at least 1 member who is a layperson.
(5) For the purposes of determining the quorum, a member who is a
representative under clause 6 may be counted only once.
(6) A meeting of an authority at which the quorum is present is competent to
perform or exercise any of the functions, duties, and powers exercisable by the
authority.
Compare: 1995 No 95 cl 8 of Second Schedule
6 Members representing other members
(1) A member of an authority may be represented by another member of the
authority (that other member is in this clause referred to as a
representative).
(2) A member may, by written notice to the appropriate Registrar, appoint a
representative to represent the member on the authority, for 1 or more specific
meetings that have been called or are proposed to be called, whenever the
member is absent or unable to act as a member of the authority.
(3) The appointment of a representative ceases if---
(a) the person who appointed the representative revokes, by written
notice, the appointment; or
(b) the person who appointed the representative ceases to be a member of
the authority; or
(c) the representative ceases to be a member of the authority.
(4) A notice referred to in subclause (2) or subclause (3) may be sent by
electronic transmission.
(5) Subject to subclause (6), a representative may vote on behalf of the
member whom he or she represents, and has and may exercise all the powers,
rights, privileges, and duties of that member.
(6) A representative may not, in his or her capacity as representative,---
(a) act as chairperson or deputy chairperson of the authority; or
(b) vote on any matter arising under Part 4.
(7) The voting and other powers that a person has as a representative are in
addition to the powers that the person has as a member of the authority.
Compare: 1995 No 95 cl 7 of Second Schedule
7 Chairperson to preside at meetings
(1) The chairperson of each authority presides at each meeting of the
authority if he or she is present and willing to preside.
(2) If the chairperson is not present or willing to preside at a meeting of
the authority, the deputy chairperson, if present and willing to preside,
presides.
(3) If neither the chairperson nor the deputy chairperson is present and
willing to preside at a meeting of the authority, the members present must
elect a member who is present and willing to preside at that meeting.
Compare: 1995 No 95 cl 9 of Second Schedule
8 Voting at meetings
(1) All questions arising at any meeting of an authority are decided by a
majority of the votes cast by the members present.
(2) The person presiding at the meeting has a deliberative vote, and, in the
case of an equality of votes, also has a casting vote.
Compare: 1995 No 95 cl 10(1),(2) of Second Schedule
9 Teleconference meetings
(1) The contemporaneous linking together by telephone or videolink or other
means of communication of a number of members of an authority, being not less
than the appropriate quorum stated in clause 5(3), whether or not 1 or more of
those members are out of New Zealand, is to be taken as constituting a meeting
of the authority to which the provisions of this Act apply if the following
conditions are met:
(a) notice must have been given, by letter or telephone or electronic
transmission, to every member of the authority entitled to receive notice of a
meeting of the authority; and
(b) each member taking part in the meeting must---
(i) be linked by telephone or videolink or other means of
communication for the purposes of the meeting; and
(ii) at the commencement of the meeting acknowledge, to all the
other members taking part, the member's presence for the purpose of a meeting
of the authority; and
(iii) be able throughout the meeting to hear each of the other
members taking part; and
(iv) on any vote, individually express his or her vote to the
meeting.
(2) A member may not stop participating in a meeting held under this clause
by disconnecting the member's telephone or videolink or other means of
communication without the express consent of the person presiding at the
meeting.
(3) A minute of the proceedings at a meeting held under this clause is
sufficient evidence of those proceedings, and the observance of all necessary
formalities, if certified as a correct minute by the person presiding at the
meeting.
Compare: 1995 No 95 cl 12 of Second Schedule
10 Member may not be present if subject of authority consideration
No member of an authority is entitled to be present or vote or otherwise
participate in the capacity of a member of the authority at any part of a
meeting of the authority where any matter relating to the member's
registration, suspension, competence, fitness to practise, or discipline under
this Act is being considered.
Compare: 1995 No 95 cl 10(3) of Second Schedule
11 Meaning of interested
(1) For the purposes of clauses 12 to 14, a member of an authority is
interested in a transaction of, or other matter relating to, the
authority only if the member---
(a) is a party to, or will or may derive a material financial benefit
from, the transaction or matter; or
(b) has a material financial interest in another party to the
transaction or a person to whom the matter relates; or
(c) is a director, officer, member, or trustee of another party to, or a
person who will or may derive a material financial benefit from, the
transaction or matter; or
(d) is the parent, child, spouse, or de facto partner (whether of the
same or opposite sex) of another party to, or a person who will or may derive a
material financial benefit from, the transaction or matter; or
(e) is otherwise directly or indirectly materially interested in the
transaction or matter.
(2) However, a member of an authority is not interested in a transaction or
other matter merely because he or she is a member of the authority.
12 Obligation to disclose interest
A member of an authority who is interested in a transaction or proposed
transaction of, or other matter relating to, the authority must disclose the
nature of the interest in accordance with clause 13 as soon as practicable
after the member becomes aware that he or she is interested.
13 Method of disclosure of interest
(1) If clause 12 applies, the member must ensure that the details listed in
subclause (2) are entered in an interests register and disclosed
to---
(a) the chairperson; or
(b) if neither the chairperson nor the deputy chairperson is able to act
or the positions of the chairperson and deputy chairperson are vacant, the
Minister.
(2) The details are---
(a) the nature of the interest and the monetary value of the interest
(if the monetary value can be quantified); or
(b) the nature and extent of the interest (if the monetary value cannot
be quantified).
14 Consequences of interest
A member of an authority who is interested in a transaction or proposed
transaction of, or other matter relating to, the authority---
(a) must not vote or take part in any deliberation or decision that
relates to the matter; and
(b) is to be disregarded for the purpose of forming a quorum for that
part of a meeting of the authority during which a deliberation or decision
relating to the matter occurs or is made.
15 Resolution assented to by members
(1) The chairperson of an authority may circulate, by letter or electronic
transmission, to each member of the authority a document setting out a draft
resolution and requesting each member to assent to the resolution within a
specified period of at least 3 clear days.
(2) If a majority of the members of the authority, by letter or electronic
transmission, signs or assents to a resolution circulated under subclause (1),
the resolution is as valid and effective as if it had been passed at a meeting
of the authority duly called and constituted.
(3) Any such resolution may consist of several documents that are similar in
form, each signed or appearing to have been sent by 1 or more members.
(4) Every such resolution must be tabled at the next meeting of the
authority held after the date on which the resolution takes effect.
Compare: 1995 No 95 cl 11 of Second Schedule
Matters of administration
16 Appointment of committees
Each authority may from time to time appoint 1 or more committees of the
authority, and---
(a) any such committee may include or consist of persons who are not
members of the authority; and
(b) each authority must regulate the procedure of each committee that it
appoints in any manner that it thinks fit; and
(c) each authority may at any time discharge, alter, or reconstitute any
committee that it has appointed.
Compare: 1995 No 95 cl 14 of Second Schedule
17 Delegation by authorities
(1) Each authority may from time to time, by written notice, delegate any of
its functions, duties, or powers (other than any power under section 69 or
section 71) to a committee appointed under clause 16 or to its Registrar.
(2) A delegation under this clause may be subject to any conditions stated
in the delegation.
(3) The Registrar of an authority may not under a delegation under this
clause---
(a) exercise a power of decision in respect of any matter that the
Registrar is required to submit or refer to the authority; or
(b) review a decision made by the Registrar or by a Deputy Registrar; or
(c) order or direct the Registrar or a Deputy Registrar to take any
action.
(4) Unless otherwise provided by this clause or in the delegation, a
delegate may perform or exercise a function, duty, or power of the authority
delegated
to the delegate under this clause in the same manner and with the same effect
as if the delegate were the authority, but may not further delegate the
function, duty, or power.
(5) Any delegation under this clause may be revoked at any time, and the
delegation of a function, duty, or power does not prevent the authority from
exercising the function, duty, or power itself.
(6) Every delegate purporting to act under a delegation under this clause
is, until the contrary is proved, presumed to be acting in accordance with the
terms of the delegation.
Compare: 1995 No 95 cl 14 of Second Schedule
18 Review of decisions of delegate
(1) A person who is adversely affected by a decision made by a person under
a delegation given under clause 17 may, within 20 working days after the
communication of the decision to the person, by application in writing to the
authority concerned, request the authority to review the delegate's
decision, and, on any such application the authority must, as soon as
practicable, review the delegate's decision, and must either confirm or
revoke that decision.
(2) A person may not apply under subclause (1) for a review of a decision if
the person has brought an appeal against the decision.
(3) An application under subclause (1) for a review of a decision lapses if
the applicant brings an appeal against the decision.
19 Delegation by Registrars
(1) Each Registrar of an authority may, by written notice, delegate any of
his or her functions, duties, or powers, either generally or specifically, to a
person employed, engaged, or authorised by the authority.
(2) A delegation under this clause may be subject to any conditions stated
in the delegation.
(3) Unless otherwise provided in the delegation, the delegate may perform or
exercise a function, duty, or power of the Registrar delegated to him or her
under this clause in the same manner and with the same effect as if the
delegate were the Registrar, but may not further delegate the function, duty,
or power.
(4) Any delegation under this clause may be revoked at any time, and the
delegation of a function, duty, or power does not prevent the Registrar from
personally performing or exercising the function, duty, or power.
(5) Every delegate purporting to act under a delegation under this clause
is, until the contrary is proved, presumed to be acting in accordance with the
terms of the delegation.
(6) A delegation under this clause does not cease to have effect merely
because the Registrar by whom it was made ceases to hold office.
Dealings with third parties by authorities
20 Method of contracting
(1) A contract or other enforceable obligation may be entered into by an
authority as provided in subclauses (2) to (4).
(2) An obligation that, if entered into by an individual, is required to be
by deed may be entered into on behalf of an authority in writing, signed under
the
name of the authority by---
(a) 2 or more of its members; or
(b) 1 or more attorneys appointed by the authority in accordance with
clause 21.
(3) An obligation that, if entered into by an individual, is required to be
in writing may be entered into on behalf of an authority in writing by a person
acting under the authority's express or implied authorisation.
(4) An obligation that, if entered into by an individual, is not required to
be in writing may be entered into on behalf of an authority in writing or
orally by a person acting under the authority's express or implied
authorisation.
21 Attorneys
An authority may, by an instrument in writing executed as a deed, appoint
a person as its attorney authorised to sign on its behalf, either generally or
in relation to a specified matter, documents of a contractual nature.
22 Presumptions and savings of certain transactions
(1) The validity or enforceability of any deed, agreement, right, or
obligation entered into, conferred on, or incurred by an authority is not
affected by a failure of the authority to comply with any provision of this
Act.
(2) A person purporting to execute any documentation on behalf of an
authority in accordance with a direction of, or a delegation given by, the
authority is,
in the absence of proof to the contrary, presumed to be acting in accordance
with that direction or delegation.
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