21Statutory managers

21 Statutory managers

21 Statutory managers

(1) The primary Registrar for a registered community housing provider may, by instrument in writing, appoint a statutory manager to conduct such of the affairs and activities of the provider as relate to the community housing assets of the provider.

(2) The primary Registrar may appoint a person as a statutory manager of the provider only if either of the following occurs:

(a) a notice of intent to cancel registration has been issued to the provider,

(b) the Registrar forms the opinion that the provider has failed to comply with community housing legislation or binding instructions issued to the provider and the provider’s failure to comply is serious and requires urgent action.

(3) The instrument of appointment of a person as a statutory manager of a registered community housing provider must specify the following:

(a) the person’s name,

(b) details of the provider,

(c) details of the person’s functions as a statutory manager,

(d) any limitations on the person’s functions as a statutory manager,

(e) the date on which the appointment takes effect,

(f) the period of appointment (which may be expressed as continuing until further written notice from the primary Registrar),

(g) any conditions of the appointment,

(h) any other matter the primary Registrar considers appropriate.

(4) A copy of the instrument of appointment must be served on the registered community housing provider.

(5) The primary Registrar may amend or revoke an instrument of appointment at any time.

(6) A statutory manager has the functions specified in the instrument of appointment (subject to any limitations specified in the instrument) and is to comply with any conditions specified in the instrument.

(7) While a statutory manager is appointed to exercise functions of a registered community housing provider, the governing body of the provider may not exercise any of those functions without the consent of the statutory manager.