New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) The council of an institution shall consist of not fewer than 12 nor more than 20 members.
(2) Subject to subsection (1), the council of an institution shall include—
(a) 4 persons appointed by the Minister:
(b) the chief executive of the institution:
(c) at least 1, but not more than 3, permanent members of the academic staff of the institution elected by the permanent members of that staff:
(d) at least 1, but not more than 3, permanent members of the general staff of the institution elected by the permanent members of that staff:
(e) at least 1, but not more than 3, persons who must be appointed,—
(i) in the case of an institution at which membership of a students association is compulsory, in accordance with the constitution or rules of the association; or
(ii) in any other case, following an election (conducted in accordance with statutes made by the council) by the students at the institution:
(ea) [Repealed]
(f) having regard to the courses provided by the institution—
(i) 1 person appointed in accordance with the council's constitution after consultation by the person or body making the appointment with the central organisation of employers within the meaning of the Labour Relations Act 1987:
(ii) 1 person appointed in accordance with the council's constitution after consultation by the person or body making the appointment with the central organisation of workers within the meaning of the Labour Relations Act 1987:
(iii) if the governing body or the establishment committee, as the case may be, considers it appropriate for professional bodies to be represented on the council, 1 or more persons appointed in accordance with the council's constitution to represent those bodies.
(3) The constitution of a council may, in addition to providing for the council to include the persons mentioned in subsection (2) but subject to subsection (1), contain any 1 or more of the following provisions:
(a) a provision allowing the council to co-opt as members not more than a specified number of persons:
(b) a provision allowing the appointment, in accordance with the provision, as members of not more than a specified number of persons:
(c) a provision allowing the election, in accordance with the provision, as members of not more than a specified number of persons.
(4) It is desirable that the council of an institution should reflect so far as is reasonably practicable,—
(a) the ethnic and socio-economic diversity of the communities served by the institution; and
(b) the fact that approximately half the population of New Zealand is male and half the population is female.
(5) The Minister, when appointing members of a council, and a council, when co-opting or appointing members, shall have regard to subsection (4) and shall strive to ensure that the council has a sufficient number of members with expertise in management to enable the council properly to perform its functions.
(6) A person is not eligible for appointment, election, or co-option as a member of a council, if,—
(a) [Repealed]
(b) the person is subject to a property order under the Protection of Personal and Property Rights Act 1988; or
(ba) the person is a person in respect of whom a personal order has been made under that Act that reflects adversely on his or her—
(i) competence to manage his or her own affairs in relation to his or her property; or
(ii) capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare; or
(c) the person is a bankrupt who has not obtained his or her order of discharge or whose order of discharge has been suspended for a term not yet expired or is subject to conditions not yet fulfilled.
(7) The constitution of a council shall contain a provision limiting the number of occasions on which a person may be appointed, elected or co-opted as a member of the council but, subject to any such provision, a person is not ineligible for appointment, election or co-option as a member of a council merely because the person has previously been a member of that council.
(8) [Repealed]
(8A) [Repealed]
(9) No act or proceeding of, or of any committee of, a council is invalidated because of—
(a) a defect in the appointment, election or co-option of a member of the council or of the committee; or
(b) a disqualification of a member of the council or of the committee; or
(c) a defect in the convening of a meeting; or
(d) a vacancy or vacancies in the membership of the council or of the committee.
(10) In this section permanent member, in relation to the academic or general staff of an institution, means a member of that staff—
(a) who is employed, either on a full-time or part-time basis—
(i) for a period ending, unless sooner terminated, on his or her reaching a specified age; or
(ii) until he or she retires or resigns; or
(b) who has been employed, whether under a contract for a specified period or otherwise, and either on a full-time or part-time basis, for at least 3 months; or
(c) who has been employed, whether under a contract for a specified period or otherwise, and either on a full-time or part-time basis, for less than 3 months and whose employment is, in the opinion of the chief executive of the institution, likely to continue for at least 3 months from the date of commencement of that employment.
(11) The members of the staff of an institution who are to be regarded as the academic staff of the institution, and the members of the staff of an institution who are to be regarded as the general staff of the institution, for the purposes of an election of members of the council of the institution by the staff of the institution or for the purposes of membership of the council by persons so elected, shall, if there are no statutes of the institution dealing with the matter, be determined by the chief executive of the institution.
(12) Subsections (1) to (11) do not apply to the constitution of the council of a designated polytechnic (for which sections 222AA and 222AM provide).
Section 171: added, on 23 July 1990, by section 37 of the Education Amendment Act 1990 (1990 No 60).
Section 171(2)(e): substituted, on 8 July 2000, by section 24(1) of the Education Amendment Act 2000 (2000 No 21).
Section 171(2)(ea): repealed, on 8 July 2000, by section 24(1) of the Education Amendment Act 2000 (2000 No 21).
Section 171(6)(a): repealed, on 25 October 2001, by section 44(1) of the Education Standards Act 2001 (2001 No 88).
Section 171(6)(b): substituted, on 10 September 2008, by section 4(4) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 171(6)(ba): inserted, on 10 September 2008, by section 4(4) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).
Section 171(8): repealed, on 8 July 2000, by section 24(2) of the Education Amendment Act 2000 (2000 No 21).
Section 171(8A): repealed, on 8 July 2000, by section 24(2) of the Education Amendment Act 2000 (2000 No 21).
Section 171(12): added, on 1 March 2010, by section 9 of the Education (Polytechnics) Amendment Act 2009 (2009 No 70).