(1) This section applies to a territory authority with a governing board.
(2) The governing board of the territory authority must, after consulting the responsible Minister, appoint a CEO for the authority.
Note 1 For the making of appointments (including acting appointments), see the Legislation Act
, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).
(3) However, if the CEO is required under the establishing Act to be a public servant, the director-general of the administrative unit responsible for the establishing Act must, after consulting the governing board and the responsible Minister, appoint a CEO for the authority.
(4) The CEO is a member of the governing board.
(5) However, the CEO is not a member of the governing board if it is considering or deciding—
(a) the appointment, or the ending of the appointment, of the CEO; or
(b) the CEO's conditions of appointment.
(6) The conditions of appointment of a CEO (other than a CEO required under the establishing Act to be a public servant) are the conditions agreed between the governing board and the CEO, subject to any determination under the Remuneration Tribunal Act 1995
.