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Q: Administrative Law in New Zealand ( No Answer,   2 Comments )
Question  
Subject: Administrative Law in New Zealand
Category: Relationships and Society > Law
Asked by: jazzvocalist-ga
List Price: $2.00
Posted: 14 Mar 2006 16:23 PST
Expires: 13 Apr 2006 17:23 PDT
Question ID: 707332
If a vote of no confidence is brought against a chairman of a club
what are the laws governing that act with regards to how it is brought
up, the process needed to be taken after it is brought up and  the
recommended consequent actions after the process is followed.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Administrative Law in New Zealand
From: nelson-ga on 14 Mar 2006 16:52 PST
 
I'm pretty sure this would be up to the club's by-laws.  I don't think
law would come into this.
Subject: Re: Administrative Law in New Zealand
From: myoarin-ga on 14 Mar 2006 19:20 PST
 
Nelson is right, you have to know what the by-laws say.  However, a
vote of no confidence is not a term that applies to clubs.  If the
members want to remove the chairman from office, they must have
grounds based on the by-laws.  Most probably, these would be those for
suspending a member, obviously for misappropriation and taking
personal advantage, or the like, often for actions to the detriment of
the club.  Some clubs have an obudsman or small committee of senior
members that can be addressed with problems.
If there are thought to be grounds to remove the person, what would be
normal is that the bylaws define how many members are required to sign
a request for an extra-ordinary meeting of the membership that gives
the reason, similarly for having a members' motion added to the agenda
for a regular meeting.

Even if the members do not pass the motions to approve the chairman's
or the board's management and the financial report at the annual
meeting, this would not remove him or them from office  - at least,
not in the club by-law I am familar with.

I hope this helps.

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