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s 257E

Immediate suspension of member

In force
Part 20Provisions about land trusts
Division 2Appointment, removal and suspension of members of land trusts
Subdivision 4Removal or suspension of members by land trust

257E Immediate suspension of member

(1)

A land trust may, by a resolution of the executive committee of the land trust, suspend a member of a land trust immediately if the executive committee decides—

(a)

either—

(i)

a ground exists to remove or suspend the member; or

(ii)

the member is a member of the executive committee and, in performing the member’s functions as a member of the executive committee, is likely to contravene this Act; and

(b)

it is necessary to suspend the member immediately because there is an immediate risk to the proper operation of the land trust or proper dealing with trust property.

(2)

If the executive committee decides to immediately suspend the member, it must—

(a)

give the member an information notice about the decision; and

(b)

ensure a motion proposing disciplinary action be taken against the member is considered at a general meeting of the land trust within 60 days after the giving of the information notice.

(3)

The suspension—

(a)

operates immediately the information notice is given; and

(b)

continues to operate until the earliest of the following happens—

(i)

a motion proposing disciplinary action be taken against the member fails to pass by resolution at a general meeting of the land trust;

(ii)

60 days have passed since the giving of the information notice and the member has not been given a show cause notice for proposed disciplinary action against the member;

(iii)

a show cause notice for proposed disciplinary action against the member is finally dealt with;

(iv)

60 days have passed since the suspension took effect.

(4)

In this section—disciplinary action, against a member of a land trust, means action to remove or suspend the member under this subdivision.

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