Council Appointments Statute 2023

a) The Council of the University makes the following statute under section 284 of the Education and Training Act 2020.
b) This statute may be cited as the Council Appointments Statute 2023.
c) This statute comes into force on 13 December 2022.
d) The Council Appointments Statute 2019 is repealed from the date this statute comes into force.

This statute applies to Council members and those eligible for appointment or election to Council.

This statute governs the election and appointment of those members of the Council appointed to the Council by resolution, in accordance with the Amendment to the Constitution of the University of Auckland Council Notice 2019 and section 276 of the Education and Training Act 2020 (Act).

• Appointments by virtue of office
• Appointments by expressions of interest
• Appointments by election
  

(1) Appointments by virtue of office

a) The Council is to resolve to appoint the Vice-Chancellor as a member of Council, by virtue of their holding office as the chief executive officer of the University of Auckland.

b) The Vice-Chancellor is to be a member of Council for as long as they hold that office.

(2) Appointments by expressions of interest

a)   The Council is to resolve to appoint:

(i) One person, being Māori and able to advise Council on issues relevant to Māori, following a call for expressions of interest from iwi and other Māori individuals or groups

(ii) One person being an alumnus of the University of Auckland, following a call or expressions of interest from alumni

(iii) Two persons able to provide skills specified by Council, following a call for expressions of interest

b) A person must not be disqualified from appointment under section 277 of the Act.

c) Expressions of interest will be sought, and recommendations made to Council for appointment by resolution, in accordance with the Council Appointments Procedures approved by Council.

d) When appointing Council members, as far as is reasonably practicable, Council must have regard to the requirement that Council should reflect:

(i) the ethnic and socio-economic diversity of the communities served by the University; and

(ii) fact that approximately half the population of New Zealand is male and half the population is female.

However, Council must ensure that at least 1 Council member is Māori, and appoint people who (in Council’s opinion):

(i) have relevant knowledge, skills, or experience; and

(ii) are likely to be able to fulfil their individual duties to Council; and

(iii) together with the other members of Council, are capable of undertaking its responsibilities, duties, and functions.

e) Each person selected in accordance with the provisions of this section is to be appointed to Council by resolution for a period of not more than four years.

f) A person must not be appointed to Council for more than three periods of four years (except where a person was a member of Council on 31 December 2015, and has not completed their current term, they may serve up to four periods of no more than four years each).

(3) Appointments by election

a) The Council is to resolve to appoint one permanent member of the academic staff elected by the permanent members of that staff, one permanent member of the professional staff elected by the permanent members of that staff and one student elected by the students of the University.   

b) Except as otherwise provided by this statute, the elections are to be conducted in accordance with the Council Appointments Procedures and the provisions of the Election Procedures.

c)  To be a candidate in an election:  

(i) academic or professional staff must:                           

• be a permanent member of the academic staff or the professional staff;
• provide a Notice of Candidacy in the format and within the timeframe specified by the Returning Officer; and
• not be disqualified from appointment under Section 277 of the Act

(ii) a student must:

• provide a Notice of Candidacy in the format and within the timeframe specified by the Returning Officer; and 
• not be disqualified from appointment under Section 277 of the Act 
  

d) Any candidate statement submitted with the Notice of Candidacy is to address the skills and experience sought by Council, and must not exceed 500 words.

e) The Returning Officer is to compile a list of electors who are eligible to vote in each election, which is to include each permanent member of academic or professional staff, and each student at a date to be determined by the Returning Officer.

f) Each person elected in accordance with the provisions of this statute:

(i) as academic or professional staff representative - is to be appointed to Council by resolution for a term of four years or until they cease to be a member of the permanent academic or professional staff of the University of Auckland, whichever is the earlier event:

(ii) as representative of the students of the University - is to be appointed to Council by resolution for a term of two years from 1 November or until they cease to be an enrolled student of the University, whichever is the earlier event.  

g) A person must not be appointed to Council:

(i) as academic or professional staff representative for more than three periods of four years (except where a person was a member of Council on 31 December 2015, and has not completed their current term, they may serve up to four periods of no more than four years each);
 
(ii) as representative of the students of the University for more than two periods of two years.

h) If they are not already members of Senate, the academic and professional staff members elected to Council will become members of Senate for the duration of their respective term on Council.

(4) Casual vacancies

a) If the office of a Council member becomes vacant in accordance with clause 7 of Schedule 11 of the Act before the end of the member’s term of office, another person must be appointed to the office by the procedure by which the Council member became a member (subject to sections 4(b) and (c) below).

b) If the appointment procedure is no longer available or applicable to the vacant position, Council must consider whether it is necessary to appoint another person under its constitution and, if so, both:

i. determine the appropriate procedure for appointment of another person; and
ii. appoint another person using it.

c) If the office becomes vacant within 6 months before the end of the member’s term of office, the Minister or Council (as applicable) can decide that the vacancy does not need to be filled.

The following definitions apply to this document:

Academic staff includes persons employed as a professor, associate dean, associate professor, senior lecturer, lecturer, senior tutor, tutor, professional teaching fellow, senior research fellow or research fellow, and such other positions as may from time to time be designated ‘academic staff’ by the Vice-Chancellor.

Act means the Education and Training Act 2020.

Alumnus means a person who has been awarded a qualification by:

• The University of Auckland
• The Auckland College of Education, or
• The Auckland College of the University of New Zealand.

Council refers to the Council, the governing body of the University of Auckland.

Permanent member is, for the purpose of this statute, as defined in section 10(1) of the Act and means, in relation to the academic staff or professional staff of the University, a member of the staff who:

(a) is employed, on a full-time or part-time basis, for a period ending, unless sooner terminated, on the member’s resignation or retirement; or

(b) has been employed, on a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for at least 3 months; or

(c) has been employed, on a full-time or part-time basis, whether under an employment agreement for a fixed term or otherwise, for less than 3 months and whose employment is, in the opinion of the Vice-Chancellor, likely to continue for at least 3 months from the date of commencement of that employment.

*Note - The University uses the terms “academic staff” and “professional staff” instead of the wording “teaching” and “general” staff used in the definition of “permanent member” in section 10(1) of the Act. 

Professional staff includes  persons employed in administrative, technical and library positions, and such other positions as may from time to time be designated ‘professional staff’ by the Vice-Chancellor.

Student means an enrolled student of the University of Auckland.

University means Waipapa Taumata Rau | University of Auckland and includes all subsidiaries.

Include the following:

• Education and Training Act 2020
• University of Auckland Act 1961
• Elections Procedures
• Council Appointments Procedures
  

Owner: Vice Chancellor
Content manager: Registrar
Approved by: Council
Date approved: 12 December 2022
Review date: 12 December 2027