Gisborne High School Act 1885

Gisborne High School Act 1885

Local Act1885 No 8
Date of assent22 September 1885

An Act to provide for the Establishment and Management of a High School at Gisborne, or in the neighbourhood thereof, in the County of Cook.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title

  • The Short Title of this Act is The Gisborne High School Act 1885.

2 High school to be established at Gisborne

  • The Board of Governors hereinafter mentioned shall establish and maintain in the Town of Gisborne, or within a radius of five miles therefrom, a school or schools for the higher education of boys or of girls, or of both, . . ..

    This section was amended, as from 2 October 1963, by section 2 Gisborne High School Amendment Act 1963 (1963 No 17). by omitting the words “to be designated the Gisborne High School”.

3 Board of Governors

  • (1) There shall be a Board of Governors for the said school or schools to be called the Gisborne High Schools Board.

    (2) The said Board shall be a body corporate without perpetual succession and a common seal, and may hold real and personal property, and sue and be sued, and do and suffer all that bodies corporate may do and suffer.

    The original section 3 was amended, as from 10 May 1956, by section 2(1) Gisborne High School Amendment Act 1956 (1956 No 3) by omitting the words “to consist of six persons”.

    This section was substituted, as from 2 October 1963, by section 3 Gisborne High School Amendment Act 1963 (1963 No 17).

4 Constitution of Board

  • (1) On and after the first day of August, nineteen hundred and sixty-four, the Board shall be constituted in accordance with section 90 of The Education Act 1914.

    (2) Until the said first day of August, nineteen hundred and sixty four, the Board shall continue to be constituted as it was constituted immediately before the passing of this section.

    (3) For the purposes of subsection (1) of this section, and without restricting the generality of section 90 of The Education Act 1914, it is hereby declared that, at any time after the passing of this section, an Order in Council, to come into force on the first day of August, nineteen hundred and sixty-four, may be made under subsection (1) of the said section 90 (as amended by section 10 of The Education Amendment Act 1952) varying the constitution of the Board as prescribed in the said section 90.

    This section was substituted, as from 10 May 1956, by section 2(2) Gisborne High School Amendment Act 1956 (1956 No 3).

    This section was further substituted, as from 2 October 1963, by section 4 Gisborne High School Amendment Act 1963 (1963 No 17).

5 Appointment and election of members

  • (1) Subject to the provisions of this section, every member of the Board shall hold office for a term of three years, but may from time to time be reappointed or re-elected.

    (2) Every member of the Board shall be appointed or elected, as the case may be, in the manner for the time being prescribed by regulations made under The Education Act 1989

    (3) [Repealed]

    This section was substituted, as from 10 May 1956, by section 2(2) Gisborne High School Amendment Act 1956 (1956 No 3).

    This section was further substituted, as from 2 October 1963, by section 5 Gisborne High School Amendment Act 1963 (1963 No 17).

    Subsection (2) was substituted, and subsection (3) was repealed, as from 19 October 1966, by section 2 Gisborne High School Amendment Act 1966 (1966 No 63).

    The reference to The Education Act 1989, in subsection (2), was substituted, as from 1 October 1989, for a reference to The Education Act 1964 pursuant to section 142(3) Education Act 1989 (1989 No 80).

6 Disqualification

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

7 Vacancies

  • [Repealed]

    This section was amended, as from 10 May 1956, by section 2(2) Gisborne High School Amendment Act 1956 (1956 No 3) by inserting the words “or election” and the words “and the member so appointed or elected shall hold office for only the residue of the term of the vacating member”.

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

8 Notification of vacancy

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

9 Governor may appoint in case of neglect or refusal of Councils or Board

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

10 Meetings

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

11 Vacancy in office of Chairman

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

12 Chairman has deliberative and casting vote

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

13 Control and management of high schools vested in Board

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

14 Regulations for conduct of business of Board

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

15 Minutes of proceedings

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

16 Accounts

  • [Repealed]

    Sections 6 to 16 were repealed, as from 2 October 1963, by section 6 Gisborne High School Amendment Act 1963 (1963 No 17).

17 Acts to be done in pursuance of resolution passed

  • All things required by this Act to be done by the Board shall be done in accordance with and in pursuance of a resolution passed at a meeting of the Board, and no act of the Board shall be invalid or liable to be questioned on the ground that one or more of the members thereof was or were incapacitated or had ceased to hold office, or on the ground that the seat of any member was vacant.

18 High Schools Reserves Act 1880, to apply

  • [Repealed]

    This section was repealed, as from 24 December 1909, by section 6 Gisborne High School Amendment Act 1909 (1909 No 26(L)).

19 Application of rent and profits

  • The rents, profits, and annual income of all real and personal estate which may be vested in the Board, together with all funds which may from time to time be derived from fees or payments made in respect of scholars or students attending the said high school or schools, together with any annual allowance that may be made by the General Assembly of New Zealand or the Government of such colony, shall be applied by them for the maintenance of the said high school or schools, and the payment of salaries and expenses connected therewith, and for prizes, exhibitions, and scholarships for the students therein:

    Provided that the Board shall have power to set apart, if it shall see fit, out of the said rent, profits, and annual income, such part as it shall consider advisable, either as addition to the capital fund, which shall then be invested in manner as hereinafter mentioned and dealt with as part of such capital fund, or as a reserve fund to meet extraordinary expenses, which shall be invested and dealt with in such manner as the Board shall direct.

20 Investment of moneys

  • With respect to any moneys bequeathed or given to the Board for the said high school or schools, or being rent, profits, and annual income set apart under the preceding section, the Board shall have power to invest the same in the purchase or upon mortgage of freehold lands in New Zealand, or upon the stocks, bonds, bills, or debentures of the Government of the Colony of New Zealand or issued by any local authority therein under any Act of the General Assembly, and may from time to time vary any such investment.

21 Income from lands in Schedule 1 how to be applied

  • The rents, profits, and annual income from the lands described in Schedule 1 hereto shall be applied by the Commissioners appointed under The Education Lands Act 1949, in whom the said lands are now vested, exclusively in the establishment and maintenance of a high school at Gisborne and of any other high school which may hereafter be established in the County of Cook.

    A reference to The Education Reserves Act 1908 was substituted, as from 4 August 1908, for a reference to The Education Reserves Act 1877 pursuant to section 1(2) Education Reserves Act 1908 (1908 No 53). That reference was in turn substituted, as from 1 January 1929, by a reference to The Education Reserves Act 1928 pursuant to section 41 Education Reserves Act 1928 (1928 No 33). That reference was further substituted, as from 1 January 1950, by a reference to The Education Lands Act 1949 pursuant to section 21 Education Lands Act 1949 (1949 No 24).

22 Lands in Schedule 2 how to be applied

  • The lands described in Schedule 2 hereto are hereby vested in the Gisborne High School Board, and shall be applied by the Board to the purposes set out in section nineteen of this Act.

23 High school not to receive any of the revenues from secondary education reserves

  • Neither the Gisborne High School nor any high school hereafter to be established in the County of Cook shall be entitled to receive any share of the revenues of the reserves for secondary education vested in the School Commissioners of the Auckland Provincial District except from the reserves specified in Schedule 1 hereto.

24 Expenditure in erection of buildings for high school authorized

  • The Board may, out of such moneys as shall come into their hands by virtue of this Act or otherwise for the benefit of the said high school or schools, expend any sum or sums in erecting suitable buildings for use as a high school or schools, upon the site or sites to be selected in terms of section two of this Act.

    This section was amended, as from 24 December 1909, by section 6 Gisborne High School Amendment Act 1909 (1909 No 26(L)) by omitting the words “not exceeding in the whole the sum of three thousand pounds”.

25 School to be subject to inspection

  • The Gisborne High School shall be subject to inspection by an Inspector appointed by the Minister of Education.

Schedule 1

 ——Block.Lot.Area. 
    A R P 
 Gisborne Town...................................................................
 1590 1 0 
 Gisborne Town...................................................................
 1600 1 0 
 Gisborne Suburbs...................................................................
 2127 2 39 
 Patutahi Suburbs...................................................................
 310 0 0 
 Patutahi Suburbs...................................................................
 510 0 0 
 Patutahi Survey District...................................................................
IV5344 1 0 
 Turanganui Survey DistrictI4245 3 5 
 Turanganui Survey DistrictI4438 1 16 
 Turanganui Survey DistrictI4645 1 0 

Schedule 2

ALL that area in the County of Cook, containing by admeasurement 6,896 acres, more or less, known as Marunga Block. Bounded towards the North-east generally by the Mangatokerau Block to a line, being the production of the south-western boundary-line of the Mangaheia No 2 Block; thence by that line and by the said block to the Mangaheia River; towards the South and South-west generally by the Mangaheia River; and towards the West by the Matatuatonga and Ngatawakawaka Blocks.