SCHEDULES
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FIRST SCHEDULE
Section 15 (11)
PROVISIONS RELATING TO LAND TRANSPORT SAFETY AUTHORITY OF NEW ZEALAND
Membership
1. The Minister shall appoint one of the members of the Authority as
the Chairperson and another member as the Deputy Chairperson, and those
appointees shall hold office until removed by the Minister.
2. If the Chairperson or Deputy Chairperson vacates office as a member
or is removed by the Minister as Chairperson or Deputy Chairperson, the
Minister may appoint any existing member or any new member as
Chairperson or Deputy Chairperson. If the Deputy Chairperson is
appointed as Chairperson, he or she shall vacate office as Deputy
Chairperson.
3. Every member shall hold office for a term not exceeding 3 years,
and may from time to time be reappointed.
4. Every member, unless removed from office under clause 6 of this
Schedule, shall continue in office until his or her successor comes into
office, notwithstanding that his or her term of office may have expired.
5. Any member may at any time resign from office by written notice to
the Minister.
6. Any member may at any time be removed from office by the Minister.
7. If any member dies or resigns or is removed from office, the
vacancy shall, as soon as practicable, be filled by the appointment of
another member, and, if the term of the vacating member has not expired
at the time of the appointment, the member appointed to fill the vacancy
shall hold office by virtue of that appointment for the residue of the
term of the vacating member. In making any appointment under this
clause, the Minister shall maintain on the Authority the balance of
representation referred to in section 15 of this Act.
8. The powers of the Authority shall not be affected by any vacancy in
its membership.
Remuneration and Expenses of Authority Members
9. There shall be paid to the members of the Authority such
remuneration by way of fees, salary, or allowances, and such travelling
allowances and expenses as are from time to time agreed between members
of the Authority and the Minister.
Meetings
10. Meetings of the Authority shall be held at such times and places
as the Authority or the Chairperson or the Deputy Chairperson from time
to time appoints.
11. The Chairperson shall preside at each meeting of the Authority. In
the event of the absence of the Chairperson from any meeting of the
Authority, the Deputy Chairperson shall preside at that meeting and, if
he or she is also absent, the meeting shall be presided over by a member
appointed by the members present.
12. At all meetings of the Authority, the quorum necessary for the
transaction of business shall be a majority of the members then in
office.
13. At any meeting of the Authority, the person presiding at the
meeting shall have a deliberative vote and, if the voting is equal,
shall also have a casting vote.
14. A resolution in writing signed, or assented to in writing, by
every member shall be as valid and effective as if it had been passed at
a meeting of the Authority duly called and constituted. Any such
resolution may consist of several documents in like form each signed, or
purported to have been signed, by one or more members.
15. The contemporaneous linking together by telephone or other means
of communication of a number of members, whether or not one or more of
the members is out of New Zealand, shall be deemed to constitute a
meeting of the Authority if the following conditions are met:
(a) Notice shall have been given to every member for the time being
entitled to receive notice of a meeting of the Authority:
(b) The number of members taking part in the meeting by telephone or
other means of communication shall not be less than the quorum
provided by clause 12 of this Schedule and each of the members
taking part 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, that 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;---
and the following conditions shall apply to teleconference meetings:
(c) 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 chairperson of the meeting:
(d) A member shall be conclusively presumed to have been present, and
to have formed part of the quorum, at all times during the
meeting by telephone or other means of communication unless the
member has previously obtained the express consent of the
chairperson to leave the meeting.
16. Subject to this Act, the Authority may regulate its procedure in
such manner as it thinks fit.
Disclosure of Interest
17. A member who, otherwise than as a member, has, directly or
indirectly, any pecuniary interest in---
(a) The Authority's performance of any function or exercise of any
power; or
(b) Any arrangement, agreement, or contract, made or entered into, or
proposed to be made or entered into, by the Authority,---
shall, as soon as is practicable after the relevant facts have come to
the member's notice, disclose the nature of the interest in accordance
with clause 19 of this Schedule.
18. For the purposes of clause 17 of this Schedule, a member---
(a) Has a pecuniary interest if that pecuniary interest is one to
which section 6 of the Local Authorities (Members' Interests)
Act 1968 would apply if he or she were a member of a local
authority; but
(b) Does not have a pecuniary interest if the pecuniary interest is
not different in kind from the interests of other persons
involved in the land transport system.
19. A member required by clause 17 of this Schedule to disclose the
nature of an interest shall disclose it---
(a) To the Minister, if---
(i) The person is the Authority's Chairperson; or
(ii) For the time being the Authority has no Chairperson; and
(b) To the Authority's Chairperson in any other case.
20. After becoming required by clause 17 of this Schedule to disclose
the nature of an interest, a member---
(a) Shall disclose to the members present at any meeting of the
Authority at which any deliberation or decision of the Authority
relating to the matter takes place or is made that the member
has an interest in the matter; and
(b) Shall not take part in any deliberation or decision of the
Authority relating to the matter in which the member has the
interest.
21. A member required by clause 17 of this Schedule to disclose the
nature of an interest in any matter shall be disregarded in determining
whether or not there is a quorum of the Authority present for any part
of a meeting of the Authority during which a deliberation or decision of
the Authority relating to the matter takes place or is made.
22. The Minister may by written notice to the Authority waive or
modify any of the provisions of clauses 17 to 21 of this Schedule in
respect of any particular member or matter, or class of matters that, in
the Minister's opinion, does not constitute a direct or indirect
material interest.
23. The Minister shall lay before the House of Representatives a copy
of any notice issued under clause 22 of this Schedule within 12 sitting
days after the date on which the Minister issues the notice.
Committees
24. The Authority may from time to time constitute, reconstitute, and
dissolve committees. Any such committee may include among its membership
persons who are not members of the Authority, but every such committee
shall at all times have a majority of members who are members of the
Authority.
Execution of Documents
25. The Authority may from time to time, in writing , authorise any
one or more members or employees of the Authority to execute any deeds,
instruments, contracts, or other documents on behalf of the Authority,
and may at any time in the same manner revoke any such authority.
26. Any authority given under clause 25 of this Schedule to any
employee of the Authority may be given to---
(a) The Director; or
(b) Any specified employee; or
(c) Any employee of a specified class; or
(d) The holder for the time being of any specified office or of any
office of a specified class.
27. Every person purporting to execute any document on behalf of the
Authority pursuant to any such authority, shall, in the absence of proof
to the contrary, be presumed to be acting in accordance with such an
authority.
Powers to Borrow, Etc.
28. The Authority may borrow money subject to the approval of the
Minister of Finance.
Director
29. The terms and conditions of employment of the Director appointed
under section 24 of this Act shall be determined from time to time by
the Authority.
30. The Authority shall not, in determining terms and conditions under
clause 29 of this Schedule agree to any conditions of employment for a
Director of the Authority without---
(a) Consulting the State Services Commissioner; and
(b) Having regard to all recommendations the Commissioner makes to the
Authority about them within a reasonable time of being
consulted.
Appointment of Staff
31. The Director may appoint such employees, including employees on
secondment from other organisations, as he or she thinks necessary for
the efficient performance of the Authority's functions.
32. Subject to the terms and conditions of employment, the Director
may at any time terminate or suspend the employment of any of the
Authority's employees.
33. Before entering into any collective employment contract under the
Employment Contracts Act 1991, the Authority shall consult with the
State Services Commissioner about the conditions of employment to be
included in the collective employment contract.
34. No member or employee of the Authority shall be personally liable
for any liability of the Authority, or for any act done or omitted by
the Authority, or by the Director or any other employee of the Authority
in good faith in pursuance or intended pursuance of the functions or
powers of the Authority or of the Director.
35. The Authority shall operate a personnel policy containing
provisions generally accepted as necessary for the fair and proper
treatment of employees in all aspects of their employment, including
provisions requiring---
(a) Good and safe working conditions; and
(b) The impartial selection of suitably qualified people for
appointment; and
(c) Recognition of---
(i) The aims and aspirations of Maori; and
(ii) The employment requirements of Maori; and
(iii) The need for greater involvement of Maori as employees
of the Authority; and
(d) Opportunities for the enhancement of the abilities of individual
employees; and
(e) Recognition of the aims and aspirations, and the cultural
differences, of ethnic and minority groups; and
(f) Recognition of the employment requirements of women; and
(g) Recognition of the employment requirements of people with
disabilities.
36. In each financial year, the Authority shall---
(a) Develop and publish an equal employment opportunities programme
for the Authority; and
(b) Ensure that the programme is complied with.
37. For the purposes of clause 36 of this Schedule, an equal
employment opportunities programme is a programme aimed at identifying
and eliminating all aspects of policies, procedures, and other
institutional barriers, that cause or perpetuate, or tend to cause or
perpetuate, inequality in respect of the employment of any persons or
group of persons.
Superannuation or Retiring Allowances
38. For the purposes of providing superannuation funds or retiring
allowances for employees of the Authority, sums by way of subsidy may
from time to time be paid into any scheme registered under the
Superannuation Schemes Act 1989.
39. Notwithstanding anything in this Act, a person who, immediately
before becoming an employee of the Authority, is a contributor to the
Government Superannuation Fund under Part II or Part IIA of the
Government Superannuation Fund Act 1956 shall, for the purposes of that
Act, be deemed to be employed in the Government service so long as that
person continues to be an employee of the Authority; and that Act shall
apply to that person in all respects as if that person's service as an
employee of the Authority is Government service.
40. Nothing in clause 39 of this Schedule entitles any person to
become a contributor to the Government Superannuation Fund after that
person has once ceased to be a contributor.
41. For the purposes of applying the Government Superannuation Fund
Act 1956, in accordance with clause 39 of this Schedule, to an employee
of the Authority who is a contributor to the Government Superannuation
Fund, the term ``controlling authority'', in relation to that employee,
means the Authority.
42. No person shall be deemed to be employed in the service of the
Crown for the purposes of the State Sector Act 1988 or the Government
Superannuation Fund Act 1956 by reason only of that person's appointment
or co-option as a member or appointment as an employee of the Authority.
Consultants, Agents, Etc.
43. The Authority or the Director may from time to time appoint
consultants, agents, specialists, and advisory committees to advise it
or him or her in relation to the exercise of its or his or her functions
and powers, and to exercise such functions and powers as may be
delegated under this Act to such persons or committees.
44. The Authority or the Director may---
(a) Pay to any such persons or members of committees so appointed such
remuneration by way of fees, salary, or allowances, and such
travelling allowances and expenses, as the Authority or the
Director, as the case may be, thinks fit; and
(b) Contribute towards the remuneration, travelling allowances, and
expenses of any such persons or members of committees, whose
employers provide services for the Authority or the Director.
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