New Zealand Legislation: Acts
Acts are laws made by Parliament
Add to web feed | Public Act | 1941 No 20 |
| Date of assent | 13 October 1941 |
This Act is administered in the Ministry of Education.
An Act to make provision for the administration of the Kitchener Memorial Scholarship Fund
WHEREAS a donation received in the year 1916 from the Honourable Sir Robert Heaton Rhodes (hereinafter in this Act referred to as the donor) provided the nucleus of a Fund known as the Kitchener Memorial Scholarship Fund, which is held by the donor and the Director of Education, in accordance with an informally created trust, for the purpose of providing agricultural scholarships for sons of members of the New Zealand Expeditionary Forces who lost their lives in the Great War: And whereas the Fund has been augmented by certain other donations, by subsidies from the Consolidated Fund, and by accumulated interest, and it is now desired, in accordance with the wishes of the donor, to vest the Fund in the Public Trustee, to enlarge and define the classes of persons eligible to receive scholarships from the Fund, and to make certain provisions with respect to the award, tenure, and value of scholarships granted from the Fund.
BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
This Act may be cited as the Kitchener Memorial Scholarship Trust Act 1941.
In this Act, the Fund means the Kitchener Memorial Scholarship Fund established as hereinbefore recited, and includes all money, investments, and other property for the time being held in trust for the purposes of the Fund.
(1) The Fund is hereby vested in Public Trust, without transfer or assignment, and shall be held by him in trust for the provision of scholarships in accordance with this Act.
(2) The whole of the money, investments, and other property held in trust for the purposes of the Fund at the passing of this Act shall be deemed to be the capital of the Fund.
(3) Any income of the Fund not expended in the year in which it is received shall fall into and form part of the capital of the Fund.
(4) Public Trust may accept and receive any gift, bequest, or devise of any money or other property to be held as an accretion to the Fund and upon the trusts and subject to the provisions of this Act.
(5) Capital money forming part of the Fund may from time to time be invested by Public Trust, with the approval of the advisory trustees, in any investment authorised by law for the investment of trust funds, but, save as aforesaid, all such money available for investment shall fall into and form part of the common fund of Public Trust.
The heading to section 3 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust”
for the words “Public Trustee”
. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Section 3 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust”
for the words “the Public Trustee”
(or “The Public Trustee”
) wherever they occur. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
Subsection 5 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust”
for the words “the Public Trust Office”
. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
(1) Subject to the provisions of this section, the New Zealand Vice-Chancellors Committee (established by section 240(1) of the Education Act 1989) and the donor shall be advisory trustees for the purposes of this Act.
(2) The donor may at any time and from time to time, by writing under his hand, nominate any person to act as an advisory trustee in his stead.
(3) On the death of the donor, and thereafter from time to time, the personal representative of the donor, or, if there is no such personal representative, the Rector of the Canterbury University College, may appoint an advisory trustee who shall be a person related to the donor in a degree of relationship not more remote than the third degree. If there shall be no person so related to the donor and able and willing to act as advisory trustee the Rector of the Canterbury University College for the time being shall act as advisory trustee.
(4) If at any time there is no advisory trustee in office other than the New Zealand Vice-Chancellors Committee,—
(a) That committee shall be the sole advisory trustee; and
(b) References in this Act to the advisory trustees shall be read as references to that committee.
The words “the Director-General of Education”
in the original subsections (1) and (4) were substituted, as from 15 October 1965, for the words “the Director of Education”
pursuant to section 2(2)(a) Education Act 1964 (1964 No 135).
Subsections (1) and (4) were substituted, as from 23 July 1990, by section 50(1) Education Amendment Act 1990 (1990 No 60).
(1) The award of scholarships available under this Act, their value and the terms and conditions of their tenure shall be in the discretion of the advisory trustees, and Public Trust shall, in accordance with the directions of the advisory trustees, pay out of the income of the Fund the amounts from time to time required in respect of any scholarship or scholarships awarded under this Act.
(2) Public Trust, if directed so to do by the advisory trustees, shall from time to time resort to the capital of the Fund and pay thereout in respect of any scholarships as if it were income of the Fund any sum or sums not exceeding in any one year the sum of $200:
Provided that no such payment shall be made if the effect of making the payment would be to reduce the capital of the Fund to less than $4,000.
The expressions “$200”
and “$4,000”
were substituted for the words “one hundred pounds”
and “two thousand pounds”
respectively by section 7 Decimal Currency Act 1964.
Section 5 was amended, as from 1 March 2002, by section 170(1) Public Trust Act 2001 (2001 No 100) by substituting the words “Public Trust”
for the words “the Public Trustee”
(or “The Public Trustee”
) wherever they occur. See clause 2 Public Trust Act Commencement Order 2002 (SR 2002/11).
(1) Scholarships in accordance with this Act may be awarded to persons of the following classes, namely:
(a) Past or present members or children of past or present members of any of Her Majesty's Naval, Military, or Air Forces who have been engaged on active service during any war in which Her Majesty may have been engaged (whether before or after the passing of this Act), and who, at the time of their enlistment for active service, were domiciled in New Zealand, whether actually resident therein or not; or
(b) Past or present members or children of past or present members of the New Zealand Naval, Military, or Air Forces, not being persons to whom the last preceding paragraph applies; or
(c) Persons who have been continuously resident in New Zealand for a period of not less than 3 years immediately before the award of a scholarship.
(2) Where 2 or more applications are received for any available scholarship, an applicant qualified in accordance with paragraph (a) of the last preceding subsection shall be given preference over an applicant who is qualified in accordance with paragraph (b) or paragraph (c) of that subsection, and an applicant who is qualified in accordance with the said paragraph (b) shall have preference over an applicant who is qualified only in accordance with paragraph (c) of the said subsection.
(3) Subject to the last preceding subsection, scholarships shall be awarded in the discretion of the advisory trustees.
Subsection (1)(a) and (b) was amended, as from 12 December 1983, by section 2 Kitchener Memorial Scholarship Trust Amendment Act 1983 (1983 No 78) by substituting the word “children”
for the word “sons”
.
(1) Every scholarship awarded under this Act shall be held at a university (within the meaning of the Universities Act 1961) providing higher education in subjects relating to agriculture.
(2) Except in special circumstances, of which the advisory trustees shall be the judge, scholarships awarded under this Act shall be awarded alternately for tenure at a university in the South Island and a university in the North Island.
(3) So far as in the opinion of the advisory trustees it is practicable so to do, scholarships shall be held on conditions corresponding as nearly as may be to the conditions for the time being applicable to bursaries in agriculture awarded in accordance with any regulations for the time being in force under the Education Act 1989, in relation to such bursaries.
Subsection (1) was substituted, as from 12 December 1983, by section 3(1) Kitchener Memorial Scholarship Trust Amendment Act 1983 (1983 No 78).
Subsection (2) was amended, as from 12 December 1983, by section 3(2) Kitchener Memorial Scholarship Trust Amendment Act 1983 (1983 No 78) by substituting the word “university”
for the word “college”
.
A reference to the Education Act 1964 in subsection (3) was substituted, as from 15 October 1965, for a reference to the Education Act 1914 pursuant to 204(1) Education Act 1964 (1964 No 135). That reference was in turn substituted, as from 1 October 1989, by a reference to the Education Act 1989 pursuant to section 142(3) Education Act 1989 (1989 No 80).
All scholarships payable out of the Fund and in force on the passing of this Act shall be deemed to have been awarded in accordance with this Act.
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