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Community Land Management Act 2021
38Vacation of office of elected member of community committee or precinct committee
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#### 38 Vacation of office of elected member of community committee or precinct committee
38 Vacation of office of elected member of community committee or precinct committee
> > (1) An elected member of a community committee or precinct committee vacates office as a member—
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> > > (a) if the person ceases to be a member of the association or was nominated by a person who ceases to be a member of the association, or
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> > > (b) if the person was eligible to be a member at the time of appointment or election and the person ceases to be so eligible, or
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> > > (c) if the person was nominated by a member of the association or was a company nominee and the individual who nominated the person for election or the corporation for which the person is a company nominee gives written notice to the association that the person’s office is vacated, or
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> > > (d) if the person was nominated by a subsidiary body on the basis of being a member of the subsidiary body or of its committee or its council and ceases to be a member, or
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> > > (e) if the person was nominated by a subsidiary body and the body gives written notice to the association that the person’s office is vacated after being authorised to do so by a resolution of the subsidiary body, or
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> > > (f) on receipt by the association from the person of notice in writing of the person’s resignation as a member, or
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> > > (g) at the end of the next meeting at which a new association committee is elected by the association, or
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> > > (h) if the association, by resolution at a general meeting, determines that the person’s office as a member is vacated.
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> > (2) A community committee or precinct committee may appoint a person eligible for election as a member to fill a vacancy in the office of a member of the committee, other than a vacancy arising under subsection (1)(g) or a vacancy in the office of an officer of the association.
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> > Note.
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> > Section 49(2) provides for the filling of vacancies in the office of members who are officers of the association.
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> > (3) A person so appointed holds office, subject to this section, for the balance of the predecessor’s term of office.
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> > (4) A resolution that the office of a member is vacated may relate to more than 1 member of a community committee or precinct committee or to all members of a committee.
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> **s 38:** Am 2023 No 45, Sch 4\[12\] \[13\].