President and deputy president
SECOND SCHEDULE
Section 132
Provisions Applying in Respect of Medical Council of New Zealand
Members
1. President and deputy president---(1) At its first meeting after the
commencement of this Act, and at its first meeting in every subsequent
year commencing with the 1st day of January, the Council shall elect one
of its members to be its president, and another to be its deputy
president.
(2) Any member holding the office of president or deputy president of
the Council shall, unless he or she sooner resigns or vacates office as
a member of the Council, hold office until his or her successor is
elected under this clause, and shall be eligible for re- election.
(3) Any member holding the office of president or deputy president of
the Council may---
(a) At any time be removed from the office of president or deputy
president by the Council; or
(b) Resign his or her office by giving a notice to that effect to the
Registrar.
(4) If the president or deputy president of the Council ceases to be a
member of the Council, he or she shall thereupon vacate the office of
president or deputy president; and in any such case an election to fill
the vacancy in the office of president or deputy president shall be held
as soon as reasonably practicable after its occurrence.
(5) Where the office of president or deputy president becomes vacant
in any other case, the Council shall elect one of its members to fill
that vacancy as soon as reasonably practicable after its occurrence.
Cf. 1968, No. 46, ss. 4 (1), (3), (4), 5
2. Deputy president may act for president---(1) If---
(a) The president of the Council is at any time incapable of acting as
president because of illness, absence, or any other reason; or
(b) There is a vacancy in the office of president,---
the deputy president of the Council shall have and may exercise or
perform all the functions, duties, and powers of the president.
(2) The deputy president shall, while acting for the president, be
deemed to be the president of the Council.
(3) No act done by the deputy president while acting for the
president, and no act done by the Council while the deputy president is
acting for the president, shall in any proceedings be questioned on the
ground that the occasion for the deputy president's so acting had not
arisen or had ceased.
Cf. 1968, No. 46, s. 5 (4)
3. Term of office of appointed members--- Every member of the Council
(other than the Director-General of Health and the members elected to
the Council under section 124 (c) of this Act) shall---
(a) Be appointed by notice in the Gazette; and
(b) Be appointed for a term not exceeding 3 years; and
(c) Take office from the date of the notice of appointment or such
later date as may be specified in the notice; and
(d) Subject to clause 5 of this Schedule, be eligible for
re-appointment from time to time.
Cf. 1968, No. 46, s. 3 (7)
4. Term of office of elected members---Every member of the Council
elected under section 124 (c) of this Act shall,---
(a) Be elected for a term of 3 years; and
(b) Subject to clause 5 of this Schedule, be eligible for re-election
from time to time.
5. Limit on term of office---(1) No person (other than the
Director-General of Health) shall be a member of the Council for more
than 6 consecutive years.
(2) Notwithstanding subclause (1) of this clause, any member of the
Council whose term of office has expired or who has resigned from office
shall continue in office for the purpose of completing any proceedings
heard by the Council before the expiry of the member's term of office or
the member's resignation, whether or not that member's successor has
come into office.
6. Vacation of office---(1) Any member of the Council may at any time
resign his or her office by giving a notice to that effect to the
Minister.
(2) A member of the Council shall be deemed to have vacated his or her
office if---
(a) He or she dies; or
(b) He or she is adjudged bankrupt under the Insolvency Act 1967.
(3) Any member of the Council may be removed from office by the
Minister, by notice given to the member, on the grounds of a mental or
physical condition affecting performance of duty, or for neglect of
duty, or misconduct, proved to the satisfaction of the Minister.
(4) If a person ceases to be a member of the Council in accordance
with any of subclauses (1) to (3) of this clause,---
(a) Subject to any rules made under section 125 of this Act or any
regulations made under this Act, the vacancy so created shall be
filled in the manner in which the appointment or election to the
vacant office was originally made; and
(b) The person so appointed or elected to fill the vacancy shall be
appointed or elected for the residue of the term for which the
person's predecessor was appointed or elected.
(5) The powers of the Council shall not be affected by any vacancy in
its membership.
Cf. 1968, No. 46, s. 3 (7), (8)
7. Alternates for certain members---(1) The Director-General of Health
may appoint any employee of the Ministry of Health to attend 1 or more
meetings of the Council in his or her place.
(2) A person appointed under section 124 (b) of this Act may appoint
any other member of the academic staff of a Faculty of Medicine of a New
Zealand university to attend 1 or more meetings of the Council in his or
her place.
(3) A person appointed under subclause (1) or subclause (2) of this
clause to attend 1 or more meetings of the Council shall for the
purposes of those meetings be deemed to be a member of the Council, and
the fact that he or she attends any such meeting shall be sufficient
evidence of his or her authority to do so.
Cf. 1968, No. 46, s. 7 (5A), (6); 1987, No. 38, s. 2
Meetings
8. Meetings---(1) Meetings of the Council shall be held---
(a) At such times; and
(b) Subject to clause 12 of this Schedule, at such places---
as the Council from time to time appoints.
(2) Notice of a meeting of the Council shall be given by the Registrar
to each member of the Council, except that it shall not be necessary to
give notice to any member for the time being absent from New Zealand.
(3) At any meeting of the Council, the quorum necessary for the
transaction of business shall be 5 members, of whom---
(a) At least 3 members shall be medical practitioners; and
(b) At least 2 members shall not be medical practitioners.
(4) A meeting of the Council at which the quorum is present shall be
competent to perform or exercise all or any of the functions, duties,
and powers exercisable by the Council.
Cf. 1968, No. 46, s. 7 (1)-(3)
9. President to preside at meetings---(1) The president of the Council
shall preside at each meeting of the Council if he or she is present and
willing to preside.
(2) If the president is not present or willing to preside at a meeting
of the Council, the deputy president, if present and willing to preside,
shall preside.
(3) If neither the president nor the deputy president is present and
willing to preside at a meeting of the Council, the members present
shall elect a member who is present to preside at that meeting.
Cf. 1968, No. 46, s. 4 (2), (5)
10. Voting at meetings---(1) All questions arising at any meeting of
the Council shall be decided by a majority of the votes cast by the
members present.
(2) The person presiding at the meeting shall have a deliberative
vote, and, in the case of an equality of votes, shall also have a
casting vote.
(3) No member of the Council shall be entitled to be present or vote
or otherwise participate in the capacity of a member of the Council at
any part of a meeting of the Council where any matter relating to the
member's registration, suspension, competence, fitness to practise, or
discipline under this Act is being considered.
Cf. 1968, No. 46, s. 7 (4), (5)
11. Resolution assented to by members---(1) A resolution in writing
signed or assented to by letter, facsimile, or other written message, by
a majority of the members for the time being of the Council shall be as
valid and effective as if it had been passed at a meeting of the Council
duly called and constituted.
(2) Any such resolution may consist of several documents in like form,
each signed or purported to have been sent by one or more members.
Cf. 1993, No. 22, Second Schedule, cl. 9
12. Teleconference meeting---(1) The contemporaneous linking together
by telephone or other means of communication of a number of members
being not less than the quorum stated in clause 8 (3) of this Schedule,
whether or not 1 or more of the members is out of New Zealand, shall be
deemed to constitute a meeting of the Council, and all of the provisions
of this Schedule shall apply to that meeting, if the following
conditions are met:
(a) Notice shall have been given, by telephone or other means of
communication, to every member of the Council for the time being
entitled to receive notice of a meeting of the Council; and
(b) Each of the members taking part in the meeting by telephone or
other means of communication must---
(i) Be linked by telephone or such other means 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 Council; 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 shall not leave a meeting held under this clause by
disconnecting the member's telephone or other means of communication
unless the member has previously obtained the express consent of the
person presiding at the meeting.
(3) A member shall be conclusively presumed to have been present, and
to have formed part of the quorum, at all times during a meeting held
under this clause unless the member has left the meeting with the
express consent of the person presiding at the meeting.
(4) A minute of the proceedings at a meeting held under this clause
shall be 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.
Cf. 1993, No. 22, Second Schedule, cl. 10
13. Procedure---(1) The Council shall 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.
(2) Subject to this Act and any regulations made under this Act, the
Council may regulate its procedure in such manner as it thinks fit.
Cf. 1968, No. 46, s. 7 (7)
Delegations
14. Committees---The Council may from time to time appoint 1 or more
committees of the Council, and---
(a) Any such committee shall consist of at least 2 members of the
Council and such other persons (if any) as the Council thinks
fit; and
(b) The Council shall regulate the procedure of each such committee in
such manner as it thinks fit; and
(c) The Council may at any time discharge, alter, or reconstitute any
such committee.
Cf. 1968, No. 46, s. 13 (1), (3), (4)
15. Delegations---(1) The Council may from time to time, by written
notice, delegate any of its functions, duties, or powers (other than the
functions, duties, and powers relating to registration under this Act)
to any committee of the Council.
(2) Unless otherwise provided in the delegation, a delegate may
exercise a function, duty, or power of the Council delegated to it under
this clause in the same manner and with the same effect as if the
delegate were the Council, but may not further delegate the function,
duty, or power.
(3) Every delegation under this clause shall be revocable by the
Council at will, and no such delegation shall prevent the exercise of
the function, duty, or power by the Council.
(4) Every delegate purporting to act under any delegation under this
clause shall, until the contrary is proved, be presumed to be acting in
accordance with the terms of the delegation.
Cf. 1968, No. 46, s. 13 (1), (5)-(8)
Miscellaneous Provisions
16. Expenses of Council---(1) There may be paid to the members of the
Council such remuneration (by way of fees, salary, or otherwise) and
allowances and expenses as the Council from time to time determines.
(2) All expenses of the Council (whether under subclause (1) of this
clause, clause 17 of this Schedule, any other provision of this Act, or
any regulations made under this Act) shall be paid out of the funds of
the Council.
17. Registrar and other staff---(1) The Council shall appoint a
Registrar, and may appoint such other officers, and such employees and
agents, as it considers are necessary for the efficient carrying out of
its functions, duties, and powers.
(2) An officer, employee, or agent appointed under subclause (1) of
this clause shall be appointed on such terms and conditions as the
Council agrees with the officer, employee, or agent.
(3) Where, under this Act or any regulations made under this Act, the
Council orders or requires the Registrar to do any act, the Registrar
shall comply with the order or requirement as soon as reasonably
practicable.
Cf. 1968, No. 46, s. 6
18. Legal assessors---(1) The Council may appoint a legal assessor
who, subject to subclause (2) of this clause, may---
(a) Be present at any proceedings of the Council; and
(b) At any time advise the Council on matters of law, procedure, or
evidence.
(2) No legal assessor shall be entitled to be present during any
deliberations of the Council.
Cf. 1968, No. 46, s. 60
19. Common seal---(1) The Council shall provide for the safe custody
of its common seal, which shall be in such form as the Council shall
decide.
(2) The common seal shall be used only by the authority of a
resolution of the Council, or of a committee of the Council authorised
in that behalf, and every document to which the common seal is affixed
shall be signed by 2 persons, each of whom is---
(a) A member of the Council; or
(b) A person appointed by the Council for the purpose of signing that
document or documents of that kind.
(3) The common seal of the Council shall be judicially noticed in all
courts and for all purposes.
Cf. 1993, No. 22, Second Schedule, cl. 17
20. Powers of the Council---The Council shall have all such powers as
are reasonably necessary or expedient to enable it to carry out its
functions and duties.
21. Auditor---The Council shall appoint a chartered accountant to
audit the accounts of the Council.
Cf. 1968, No. 46, s. 14( 5)
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