Southland Flood Relief Committee Empowering Act 1992

Reprint
as at 1 April 2008

Coat of Arms of New Zealand

Southland Flood Relief Committee Empowering Act 1992

Private Act1992 No 1
Date of assent23 March 1992
Commencement23 March 1992
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

An Act to discharge the Southland Flood Relief Committee from the administration of certain moneys held in trust for the charitable purpose of providing relief or assistance to persons suffering financial hardship due to loss or damage from floods occurring in Southland in January 1984, and to appoint trustees to administer the unexpended balance of the fund for the relief of those persons who have suffered financial hardship due to loss or damage from any subsequent flooding, or other natural disaster

  • Preamble

    Whereas—

    • (a) extensive flooding occurred in Southland in January 1984:

    • (b) the Government appointed a committee to administer funds provided for the relief of persons suffering financial hardship due to loss or damage as a result of that flooding:

    • (c) subscriptions to the fund were made by organisations and individuals throughout New Zealand, and a portion of the fund was subsidised by the Government:

    • (d) payments have been made from the fund for the prescribed purpose:

    • (e) the accounts for the fund have been audited by the Controller and Auditor-General:

    • (f) there is an unexpended balance remaining in the fund:

    • (g) properties in the City of Invercargill and in urban and rural parts of the district of Southland suffered severe flood damage subsequent to January 1984, and those persons whose property has been subjected to such recurring floods have suffered additional hardship:

    • (h) there are no claims outstanding from the January 1984 floods, and it is therefore inexpedient for the committee to limit payments made from the fund to those cases relating to the January 1984 floods:

    • (i) the committee wishes to disburse the balance of the fund for the relief of persons who have suffered recurrence of flooding, or other natural disaster, subsequent to January 1984:

    • (j) it is desirable for this purpose to release the committee from the administration of the fund, and to vest its administration in the trustees hereinafter named:

    • (k) owing to the difficulty in identifying the very large number of contributors throughout New Zealand and the impracticality of calling a meeting of such contributors, the objects of this Act cannot be achieved readily otherwise than by legislation.

1 Short Title

  • This Act may be cited as the Southland Flood Relief Committee Empowering Act 1992.

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    committee means the Southland Flood Relief Committee, comprising the persons who held office in January 1984 as the Mayor of the City of Invercargill, the Chairman of the County of Southland, and the Chairman of the County of Wallace

    fund means the money accumulated from subscriptions, donations, subsidy, interest, or however otherwise received, and held for the relief of persons suffering financial hardship due to loss or damage from flooding occurring in Southland in January 1984

    trustees means the persons vested with the administration of the unexpended balance of the fund under section 5, being those persons from time to time holding office as the Mayor of the City of Invercargill, the Mayor of the Southland District, and the Mayor of the Gore District.

3 Validation of acts of committee

  • All expenditure and payments made out of the fund by the committee at any time before the passing of this Act for the relief of persons suffering financial hardship due to loss or damage from any flood are hereby validated and declared to have been validly and lawfully made.

4 Discharge of committee

  • On payment or making over to the trustees of the unexpended balance of the fund, together with any interest on it, the committee shall be discharged from its administration of the fund and from all liabilities in respect of it.

5 Fund to vest in trustees

  • The unexpended balance remaining in the fund, together with any interest on it, is hereby vested in the trustees, as if the same were funds held in a charitable trust pursuant to the Charitable Trusts Act 1957.

6 Application of unexpended balance

  • The trustees shall administer the fund in their absolute discretion to meet from it unpaid claims on the fund made by persons suffering financial hardship due to loss or damage from recurrences of flooding in any area or areas of Southland, and by persons suffering financial hardship due to loss or damage from flooding, storm, or other natural disaster, but excluding subsidence, in any area of New Zealand.

7 Audit of financial statements

  • (1) Until such time as all the money in the fund is expended, the trustees shall prepare annual financial statements, which shall be audited by the Auditor-General.

    (2) As soon as practicable after each annual financial statement is audited the trustees shall publish the audited statement in a daily newspaper circulating in Southland.

    Section 7(1), amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

8 Time limit of 20 years

  • If, on the expiry of the period of 20 years after the date of commencement of this Act, there is any unapplied money remaining in the fund, the trustees shall wind up the fund and apply the unexpended balance of the fund towards such charitable purpose or purposes (within the meaning of the Income Tax Act 2007) in Southland as the trustees in their absolute discretion think fit.

    Section 8: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

9 Costs of promotion, etc

  • The trustees shall charge against and pay out of the unexpended balance of the fund all costs, charges, disbursements, and expenses incurred by the committee or the trustees in the preparation, promotion, and passing of this Act.

10 Private Act

  • This Act is hereby declared to be a private Act.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Southland Flood Relief Committee Empowering Act 1992. The reprint incorporates all the amendments to the Act as at 1 April 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)