329Can the holder of a civic office be dismissed?

#### 329 Can the holder of a civic office be dismissed? 329 Can the holder of a civic office be dismissed? > > (1) Any person may apply to the Civil and Administrative Tribunal for an order that a person be dismissed from civic office. > > > (2) On any such application, the Tribunal may order the dismissal of a person from civic office— > > > > > (a) if there has been any irregularity in the manner in which the person has been elected or appointed to that office, or > > > > > (b) if the person is disqualified from holding civic office. > > > (3) Proceedings based on the ground that there has been an irregularity in the manner in which a person has been elected or appointed to civic office may not be commenced more than 3 months after the date of the person’s election or appointment to that office. > > > (4) If the proceedings are based on the ground that a person is disqualified from holding civic office, the Tribunal may refuse to order the dismissal of the person from that office if it is satisfied— > > > > > (a) that the facts and circumstances giving rise to the disqualification are of a trifling character, and > > > > > (b) that the acts which gave rise to that disqualification were done in good faith and without knowledge that the person would incur disqualification by doing those acts. > > > (5) Subsection (4) does not apply to a person who is disqualified from holding civic office by a decision of the Governor under section 440B. > > > (6) (Repealed) > > **s 329:** Subst 1998 No 48, Sch 2.10. Am 2002 No 19, Sch 1 \[2\]; 2004 No 73, Sch 3 \[2\]; 2013 No 95, Schs 2.91 \[4\] \[5\], 7.3 \[1\]; 2016 No 38, Sch 1 \[18\].