sec.5Membership of trust

### sec.5 Membership of trust Unless a trust’s membership is provided for under a regulation under subsection (1A) , the trust’s membership is made up of— 2 councillors of each constituent local government for the trust’s river improvement area, appointed by the local government; and up to 3 persons appointed by the Minister. A trust’s membership may be made up of the members, up to the number as stated in a regulation, who are appointed by the Governor in Council and who— must include 1 or more councillors, as stated in the regulation, of each constituent local government for the trust, nominated by the constituent local government; and may include— persons nominated by other entities stated in the regulation as being entities entitled to nominate members for the trust; and persons nominated by the Minister. The regulation under subsection (1A) — may provide that the members of the trust are to be known as directors or another term stated in the regulation; and if there are 2 or more constituent local governments for the trust—is not required to state the same number of councillors for nomination by each local government. Despite subsection (1) , if the Minister considers it appropriate, each constituent local government for a trust whose membership is provided for in subsection (1) may appoint 1 councillor as a member of the trust, in addition to the councillors appointed under subsection (1) (a) . Each person appointed by a local government under subsection (1) (a) or (2) holds office for the term, of no more than 4 years, decided by the local government. Each person appointed by the Minister under subsection (1) (b) holds office for the term, of no more than 4 years, decided by the Minister. Each person appointed by the Governor in Council under subsection (1A) holds office for the term, of no more than 4 years, decided by the Governor in Council. Despite subsections (3) , (4) and (4A) and section 5A (6) , if a person completes the person’s term of office as a member of a trust, the person continues to hold office as a member until the person’s successor is appointed. This section is subject to divisions 2 and 4 . In this section— constituent local government , for a trust, means a local government whose local government area or part of the area is included in the river improvement area for which the trust is constituted. s 5 amd 1959 8 Eliz 2 No. 27 s 7; 1959 8 Eliz 2 No. 71 s 2(1); 1991 No. 17 s 3 ; 1993 No. 70 s 804 sch ; 1995 No. 58 s 4 sch 1 ; 1997 No. 78 s 98 ; 2009 No. 17 s 331 sch 1 ; 2011 No. 40 s 7 sub 2013 No. 23 s 189 amd 2014 No. 64 s 24 ; 2016 No. 60 s 3 (sec.5-ssec.1) Unless a trust’s membership is provided for under a regulation under subsection (1A) , the trust’s membership is made up of— 2 councillors of each constituent local government for the trust’s river improvement area, appointed by the local government; and up to 3 persons appointed by the Minister. (sec.5-ssec.1A) A trust’s membership may be made up of the members, up to the number as stated in a regulation, who are appointed by the Governor in Council and who— must include 1 or more councillors, as stated in the regulation, of each constituent local government for the trust, nominated by the constituent local government; and may include— persons nominated by other entities stated in the regulation as being entities entitled to nominate members for the trust; and persons nominated by the Minister. (sec.5-ssec.1B) The regulation under subsection (1A) — may provide that the members of the trust are to be known as directors or another term stated in the regulation; and if there are 2 or more constituent local governments for the trust—is not required to state the same number of councillors for nomination by each local government. (sec.5-ssec.2) Despite subsection (1) , if the Minister considers it appropriate, each constituent local government for a trust whose membership is provided for in subsection (1) may appoint 1 councillor as a member of the trust, in addition to the councillors appointed under subsection (1) (a) . (sec.5-ssec.3) Each person appointed by a local government under subsection (1) (a) or (2) holds office for the term, of no more than 4 years, decided by the local government. (sec.5-ssec.4) Each person appointed by the Minister under subsection (1) (b) holds office for the term, of no more than 4 years, decided by the Minister. (sec.5-ssec.4A) Each person appointed by the Governor in Council under subsection (1A) holds office for the term, of no more than 4 years, decided by the Governor in Council. (sec.5-ssec.5) Despite subsections (3) , (4) and (4A) and section 5A (6) , if a person completes the person’s term of office as a member of a trust, the person continues to hold office as a member until the person’s successor is appointed. (sec.5-ssec.6) This section is subject to divisions 2 and 4 . (sec.5-ssec.7) In this section— constituent local government , for a trust, means a local government whose local government area or part of the area is included in the river improvement area for which the trust is constituted. - (a) 2 councillors of each constituent local government for the trust’s river improvement area, appointed by the local government; and - (b) up to 3 persons appointed by the Minister. - (a) must include 1 or more councillors, as stated in the regulation, of each constituent local government for the trust, nominated by the constituent local government; and - (b) may include— (i) persons nominated by other entities stated in the regulation as being entities entitled to nominate members for the trust; and (ii) persons nominated by the Minister. - (i) persons nominated by other entities stated in the regulation as being entities entitled to nominate members for the trust; and - (ii) persons nominated by the Minister. - (i) persons nominated by other entities stated in the regulation as being entities entitled to nominate members for the trust; and - (ii) persons nominated by the Minister. - (a) may provide that the members of the trust are to be known as directors or another term stated in the regulation; and - (b) if there are 2 or more constituent local governments for the trust—is not required to state the same number of councillors for nomination by each local government.