sec.35ADisaster appeals trust fund and committee

sec.35A Disaster appeals trust fund and committee

The public trustee shall establish and keep in the accounts of the public trustee an account titled the disaster appeals trust fund. There is hereby established a committee to be called the ‘disaster appeals trust fund committee’, hereinafter in this section and in section 35B referred to as the committee . The public trustee and the chief executive are, ex officio, members of the committee. The chief executive must appoint 3 other members of the committee (each an appointed member ). Subject to this section, the appointed members shall hold office for 3 years and shall be eligible for reappointment. An appointed member is to be paid the remuneration and other allowances decided by the chief executive. The public trustee may appoint a person employed in the public trustee’s office to represent the public trustee on the committee. The chief executive is the chairperson of the committee. The members of the committee shall elect from among their number a person to be deputy chairperson of the committee and, where the member so elected is one of the appointed members and whilst the member remains a member of the committee, the member shall be deputy chairperson during the member’s term of office, but the member may resign office as deputy chairperson by signed notice addressed to and delivered to the Minister. A member of the committee who is one of the appointed members shall be deemed to have vacated the member’s office if the member— dies; resigns office by signed notice addressed to and delivered to the Minister; is absent from 3 consecutive meetings of the committee and is not excused by the committee for the absence, either in advance or at its meeting next following the third absence; is removed from office by the chief executive. The chief executive may, for any cause that appears to the chief executive to be sufficient, remove a member of the committee who is one of the appointed members from office as such a member. When a vacancy occurs in the office of any of the appointed members of the committee before the expiration of the member’s term of office, the chief executive shall appoint another person to hold office, subject to this section, either for 3 years or until the time when the person’s predecessor’s term would have expired, and in either case the appointee shall be eligible for reappointment. The committee shall meet at such times and places and conduct its business in such manner as it determines from time to time and, without limiting the foregoing, the chairperson of the committee or the deputy chairperson or, if neither of them is available, the Minister may convene a meeting of the committee. The chairperson or, if the chairperson is not present, the deputy chairperson shall preside at all meetings of the committee, but if neither of them is present at a meeting, the members present at that meeting shall elect a member from among those present to preside at the meeting during the absence of the chairperson and the deputy chairperson, and the person so elected shall have, during such absence, all the powers of the chairperson. Any 3 members of the committee shall be a quorum for the purposes of a meeting of the committee and shall be competent to transact the business of the committee and to perform its functions pursuant to this section. Any matter before a meeting of the committee shall be determined by vote of the majority of the members of the committee (being a quorum) present at the meeting, and in the event of an equality of votes upon any matter the person who presides at the meeting at the time of the taking of the vote shall have a second or casting vote. A member of the committee who, being present at a meeting and entitled to vote on a matter, abstains from voting on that matter shall be taken to have voted in the negative. An officer of the public service may be appointed a member of the committee and may hold office as such member in conjunction with the officer’s holding office as an officer of the public service. s 35A ins 1975 No. 34 s 5 amd 1981 No. 34 s 11 ; 1995 No. 57 s 4 sch 1 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2020 No. 17 s 56 (sec.35A-ssec.1) The public trustee shall establish and keep in the accounts of the public trustee an account titled the disaster appeals trust fund. (sec.35A-ssec.2) There is hereby established a committee to be called the ‘disaster appeals trust fund committee’, hereinafter in this section and in section 35B referred to as the committee . (sec.35A-ssec.3) The public trustee and the chief executive are, ex officio, members of the committee. (sec.35A-ssec.4) The chief executive must appoint 3 other members of the committee (each an appointed member ). (sec.35A-ssec.5) Subject to this section, the appointed members shall hold office for 3 years and shall be eligible for reappointment. (sec.35A-ssec.6) An appointed member is to be paid the remuneration and other allowances decided by the chief executive. (sec.35A-ssec.7) The public trustee may appoint a person employed in the public trustee’s office to represent the public trustee on the committee. (sec.35A-ssec.8) The chief executive is the chairperson of the committee. (sec.35A-ssec.9) The members of the committee shall elect from among their number a person to be deputy chairperson of the committee and, where the member so elected is one of the appointed members and whilst the member remains a member of the committee, the member shall be deputy chairperson during the member’s term of office, but the member may resign office as deputy chairperson by signed notice addressed to and delivered to the Minister. (sec.35A-ssec.10) A member of the committee who is one of the appointed members shall be deemed to have vacated the member’s office if the member— dies; resigns office by signed notice addressed to and delivered to the Minister; is absent from 3 consecutive meetings of the committee and is not excused by the committee for the absence, either in advance or at its meeting next following the third absence; is removed from office by the chief executive. (sec.35A-ssec.11) The chief executive may, for any cause that appears to the chief executive to be sufficient, remove a member of the committee who is one of the appointed members from office as such a member. (sec.35A-ssec.12) When a vacancy occurs in the office of any of the appointed members of the committee before the expiration of the member’s term of office, the chief executive shall appoint another person to hold office, subject to this section, either for 3 years or until the time when the person’s predecessor’s term would have expired, and in either case the appointee shall be eligible for reappointment. (sec.35A-ssec.13) The committee shall meet at such times and places and conduct its business in such manner as it determines from time to time and, without limiting the foregoing, the chairperson of the committee or the deputy chairperson or, if neither of them is available, the Minister may convene a meeting of the committee. (sec.35A-ssec.14) The chairperson or, if the chairperson is not present, the deputy chairperson shall preside at all meetings of the committee, but if neither of them is present at a meeting, the members present at that meeting shall elect a member from among those present to preside at the meeting during the absence of the chairperson and the deputy chairperson, and the person so elected shall have, during such absence, all the powers of the chairperson. (sec.35A-ssec.15) Any 3 members of the committee shall be a quorum for the purposes of a meeting of the committee and shall be competent to transact the business of the committee and to perform its functions pursuant to this section. (sec.35A-ssec.16) Any matter before a meeting of the committee shall be determined by vote of the majority of the members of the committee (being a quorum) present at the meeting, and in the event of an equality of votes upon any matter the person who presides at the meeting at the time of the taking of the vote shall have a second or casting vote. (sec.35A-ssec.17) A member of the committee who, being present at a meeting and entitled to vote on a matter, abstains from voting on that matter shall be taken to have voted in the negative. (sec.35A-ssec.18) An officer of the public service may be appointed a member of the committee and may hold office as such member in conjunction with the officer’s holding office as an officer of the public service.