Kaitangata Relief Fund Transfer Act 1892

Kaitangata Relief Fund Transfer Act 1892

Local Act1892 No 18
Date of assent1 October 1892

An Act for the Transfer of the Kaitangata Relief Fund into the Public Trust Office, and its Conversion into a Mining Accident Fund.

  • Preamble

    WHEREAS on the seventeenth day of February, one thousand eight hundred and seventy-nine, an explosion occurred in the Kaitangata coal-mine, whereby thirty-four miners lost their lives, and, by a public subscription throughout the colony and some of the adjacent colonies in Australia, a large fund was collected for the benefit of the widows and children of the miners who were so killed: And whereas but few of the said widows and children remain to receive relief from the said fund, and after providing for these a large surplus remains year by year in the hands of the Trustees of such fund, which is from time to time invested in various securities, there being a sum at present invested as aforesaid amounting to nineteen thousand seven hundred and fifty dollars entirely unavailable for any purposes of need which may arise: And whereas the Trustees of the said fund at the present time are—

    The Mayor of the City of Dunedin, ex officio;

    George Turnbull, of Dunedin, gentleman;

    James Taylor Mackerras, of Dunedin, merchant;

    John Bryce Thomson, of Dunedin, builder; and

    William Matthew Hodgkins, of Dunedin, solicitor;

    and the bankers of the Trustees are the Colonial Bank of New Zealand: And whereas it is expedient to render the aforesaid surplus of the fund, after providing for the present beneficiaries, available for the relief of wives and children of coal-miners who may be killed by mining accidents occurring in any part of the colony; and for such purpose to transfer such surplus into the Public Trust Office as a nucleus of a permanent Coal-mining Accident Fund:

    The reference to nineteen thousand seven hundred and fifty dollars was substituted, as from 10 July 1967, for a reference to nine thousand eight hundred and seventy-five pounds pursuant to section 7(1) of the Decimal Currency Act 1964 (1964 No 27).

BE IT THEREFORE 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 Kaitangata Relief Fund Transfer Act 1892.

2 Constitution of Board
  • [Repealed]

    Section 2 was repealed, as from 11 February 1922, by section 54(2) Reserves and other Lands Disposal and Public Bodies Empowering Act 1921 (1921 No 59).

3 Trustees of Kaitangata Relief Fund to pay moneys of fund into Public Trust Office
  • [Repealed]

    Section 3 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

4 Mortgages and other instruments of Trustees to vest in Public Trustee
  • Upon and from the commencement of this Act, all mortgages and other securities for money invested from time to time by the aforesaid Trustees out of the Kaitangata Relief Fund, and now outstanding, shall become and be vested in the Public Trustee, and all leases, contracts, and other obligations entered into by such Trustees shall become leases, contracts, and obligations of the Public Trustee.

5 Powers and duties of Public Trustee in relation thereto
  • The Public Trustee shall have, in respect of all the aforesaid moneys, mortgages, securities, leases, contracts, and obligations, all the powers and duties which he has by virtue of his office in respect of any property placed in the Public Trust Office; and all moneys of the Kaitangata Relief Fund, and the proceeds of any investment thereof, shall for the purposes of investment by the Public Trustee form part of the common fund of the Public Trust Office.

6 Moneys to accumulate for a Coalmining Accident Fund
  • The Public Trustee shall, by direction of the Minister of Mines out of the moneys in the Coal-mining Accident Fund, discharge all the outstanding legal liabilities and engagements of the Trustees of the Kaitangata Relief Fund, and shall year by year pay to the several beneficiaries upon the last-named fund the several amounts they respectively have been deriving from such fund; and all other moneys in the Coal-mining Accident Fund shall accumulate at compound interest until required as hereinafter mentioned.

    Section 6 was amended, as from 11 February 1922, by section 54(3) Reserves and other Lands Disposal and Public Bodies Empowering Act 1921 (1921 No 59), by substituting the words Minister of Mines for the words Board,.

7 Application of Coal-mining Accident Fund
  • (1) The moneys in the Coal-mining Accident Fund not required for the purposes of the Kaitangata Relief Funds may be applied for the relief of the widows, orphans, and dependents of miners who may have heretofore lost or may hereafter lose their lives in coal-mining accidents in any part of New Zealand.

    (2) Payments under this section shall be made by the Public Trustee at the direction of the Minister of Mines, who shall cause such inquiry as he thinks fit to be made in any case before directing any such payment.

    Section 7 was substituted, as from 11 February 1922, by section 54(4) Reserves and other Lands Disposal and Public Bodies Empowering Act 1921 (1921 No 59).

8 Discharge of Trustees of Kaitangata Relief Fund
  • [Repealed]

    Section 8 was repealed, as from 19 November 1907, by section 2 Statutes Repeal Act 1907 (1907 No 40).

9 Annual statement of accounts to be published in the Gazette
  • The Public Trustee shall publish in the Gazette in April every year a statement showing the capital sum forming the said fund; the income earned up to the thirty-first day of March preceding; the amount expended up to such date; and the purposes for which such amount was expended.