New Zealand Acts

COMMERCE ACT 1986 - SECT 13

13 Termination of appointment of members

1 The Governor-General may remove any member of the Commission appointed by the Governor-General from office under section 39 of the Crown Entities Act 2004 .

2 The Minister may remove any associate member from office on the same grounds and in the same manner as the Governor-General may remove a member under section 39 of the Crown Entities Act 2004 .

3 Subsection (2) applies despite section 39(1) of the Crown Entities Act 2004 .

4 Notwithstanding that the term of office of a member has expired or that a member has resigned that office, that person shall be deemed to continue as a member for the purpose of—

a) completing the determination of any matter before that person, as a member, which was commenced before the expiration of the term of office or before the resignation took effect, as the case may be:

b) giving reconsideration to any matter following a direction of the court under Part 6 .

5 Subsection (4) applies despite sections 32(3) and 45 of the Crown Entities Act 2004 .

6 To avoid doubt, a former member who is deemed to continue as a member under subsection (4) is not a member for the purposes of determining the number of members under section 9(1) or (2) .

Note: 1975 No 113 s 4(2), (3); 1976 No 67 s 23(3); 1979 No 140 s 6

History: Section 13(1): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).   Section 13(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).     Section 13(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).     Section 13(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).     Section 13(6): inserted, on 5 May 2022, by section 9 of the Commerce Amendment Act 2022 (2022 No 11).