RIVERS BOARD CHAIRMANSHIP

Hawke's Bay Tribune, Volume XXIII, Issue 74, 9 March 1933, Page 7

RIVERS BOARD CHAIRMANSHIP

LEGAL OPINION. The following legal advice has been obtained by the clerk of the Hawke’s Bay Rivers Board regarding the chairman’s position:— Section 48 of the Rivers Board Act 1908 provides:— “The chairman shall come into office on his election and shall hold office until the election of his successor, and when present shall preside at all meetings.”

Section 50 is the material section and provides: “The chairman may resign his office by writing under his hand and delivered to the board or the clerk of the board; and in such case, or in the case of his death, incapacity, or the board from four consecutive meetings of the board, his office shall become vacant and the clerk shall forthwith call a meeting of the board who shall elect a chairman in his •tend.” The proceedings for “ousted from office” are set out in Sections 37 and 38 of the Act. Section 37 states: Upon prima facie proof, by affidavit or otherwise, that the chairman or any member of the board is or has become incapable under this Act of holding his office, the Magistrate exercising jurisdiction in or near to the place v here the board usually holds its meet .gs may grant a summons calling on (he person holding such office to show cause, on a day at an hour to be stated in the summons, why he should not be adjudged to be “ousted of the same.” Section 38 states: “If on the return of such summons it appears to the Magistrate, on affidavit or oral evidence on oath, that such person is incapable under this Act of holding the •aid office, he may adjudge such petgon to be ousted of the same and such person shall be ousted of such office accordingly.” In our opinion the mere passing of a resolution of no-confidence in the chairman or that he be no longer chairman does not suffice, and if he chooses to retain the office he cannot be removed without an order of the Court.