Royal New Zealand Institute of Horticulture Act 1953

Reprint
as at 19 December 1989

Coat of Arms of New Zealand

Royal New Zealand Institute of Horticulture Act 1953

Public Act1953 No 20
Date of assent17 September 1953
Commencement17 September 1953

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.

This Act is administered by the Ministry of Agriculture and Forestry.


An Act to consolidate and amend certain enactments relating to the Royal New Zealand Institute of Horticulture

1 Short Title
  • This Act may be cited as the Royal New Zealand Institute of Horticulture Act 1953.

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

    Examining Board means the Examining Board appointed by the National Executive of the Institute and approved by the Minister

    the Institute means the Royal New Zealand Institute of Horticulture Incorporated, being a society incorporated under the Incorporated Societies Act 1908

    Minister means the Minister of Agriculture

    Rules means the rules of the Institute for the time being in force in accordance with the requirements of the Incorporated Societies Act 1908.

    Compare: 1927 No 20 s 2

    Section 2 Examining Board: replaced, on 17 December 1985, by section 2 of the Royal New Zealand Institute of Horticulture Amendment Act 1985 (1985 No 189).

3 Institute may issue certificates and diplomas
  • The Institute may, in accordance with its rules and subject to the provisions of this Act,—

    • (a) conduct examinations in horticulture and branches thereof and subjects having relation thereto and in beekeeping; and

    • (b) on the recommendation of the Examining Board, grant such certificates and diplomas in horticulture and branches thereof and in beekeeping as it thinks fit to persons qualified to receive them.

    Compare: 1927 No 20 s 3

    Section 3(a): amended, on 24 October 1957, by section 2(1)(a) of the Royal New Zealand Institute of Horticulture Amendment Act 1957 (1957 No 70).

    Section 3(b): amended, on 24 October 1957, by section 2(1)(b) of the Royal New Zealand Institute of Horticulture Amendment Act 1957 (1957 No 70).

4 Minister may approve schemes of examination
  • (1) The Minister may from time to time, by notice in the Gazette, approve any scheme of examination submitted by the Examining Board with the authority of the Institute in relation to the conduct of examinations for the grant of certificates and diplomas under this Act. Any scheme approved under this section may from time to time with the like approval, but not otherwise, be amended or revoked.

    (2) The power conferred upon the Minister to approve any scheme of examination submitted by the Examining Board with the authority of the Institute in relation to the conduct of examinations shall extend to authorize the approval, in any such scheme as aforesaid, of conditions subject to which certificates and diplomas may be granted, including conditions requiring applicants therefor to undergo specified courses of practical training and instruction in practical horticulture or in practical beekeeping for specified periods.

    (3) Any scheme of examination approved under this section may provide for the recognition of any examination conducted by any university or other institution (whether in New Zealand or elsewhere) as the equivalent of examination under the scheme; and on production by any candidate of evidence satisfactory to the Institute that he has passed any such examination the Institute may dispense in whole or in part with any examination under the scheme.

    (3A) Any scheme of examination approved under this section may provide for the recognition of any other examination conducted by the Institute as the equivalent of examination under the scheme and where a candidate has passed any such examination the Institute may dispense in whole or in part with any examination under the scheme.

    (4) Every scheme of examination which has been approved by the Governor-General in Council under the Royal New Zealand Institute of Horticulture Act 1927 and is subsisting at the commencement of this Act shall be deemed to have been approved by the Minister under this Act.

    Compare: 1927 No 20 s 4

    Section 4(2): amended, on 24 October 1957, by section 2(2) of the Royal New Zealand Institute of Horticulture Amendment Act 1957 (1957 No 70).

    Section 4(3A): inserted, on 17 December 1985, by section 3 of the Royal New Zealand Institute of Horticulture Amendment Act 1985 (1985 No 189).

5 Form of certificate or diploma
  • Every certificate and diploma granted in accordance with the foregoing provisions of this Act may bear on its face the words Granted after examination in accordance with the requirements of the Royal New Zealand Institute of Horticulture Act 1953.

    Compare: 1927 No 20 s 5

6 Grant of certificates and diplomas without examination
  • (1) The Institute may, on the recommendation of the Examining Board, without examination, grant a certificate or diploma under this Act to any person who is not less than 40 years of age and has practised horticulture or any branch thereof or beekeeping for not less than 20 years and who, in the opinion of the Examining Board, is qualified to receive the certificate or diploma:

    provided that—

    • (a) after the commencement of this Act, the certificate and diploma in horticulture which may be granted at the commencement of this Act shall not be granted without examination:

    • (b) after the expiration of 2 years from the date of the commencement of this Act, the certificate and diploma in fruit culture, and the certificate in school gardening, which may be granted at the commencement of this Act shall not be granted without examination:

    • (c) after the expiration of 2 years from the date of the coming into effect of the Minister's approval of any scheme which provides for the grant of any certificate or diploma which cannot be granted at the commencement of this Act, the certificate or diploma shall not be granted without examination.

    (2) Every certificate or diploma granted under this section shall bear on its face the words Granted without examination in accordance with the Royal New Zealand Institute of Horticulture Act 1953.

    Compare: 1927 No 20 s 6

    Section 6(1): amended, on 24 October 1957, by section 2(3) of the Royal New Zealand Institute of Horticulture Amendment Act 1957 (1957 No 70).

7 Regulations
  • (1) The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.

    (2) [Repealed]

    Section 7(2): repealed, on 19 December 1989, by section 11 of the Regulations (Disallowance) Act 1989 (1989 No 143).

8 Repeals and savings
  • (1) The enactments specified in the Schedule are hereby repealed.

    (2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.


Schedule
Enactments repealed

s 8(1)

Royal New Zealand Institute of Horticulture Act 1927 (1927 No 20) (Reprint of Statutes, Vol I, p 121)
Statutes Amendment Act 1946 (1946 No 40)

Amendment(s) incorporated in the Act(s).


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 Royal New Zealand Institute of Horticulture Act 1953. The reprint incorporates all the amendments to the Act as at 19 December 1989, 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)
  • Regulations (Disallowance) Act 1989 (1989 No 143): section 11

    Royal New Zealand Institute of Horticulture Amendment Act 1985 (1985 No 189)

    Royal New Zealand Institute of Horticulture Amendment Act 1957 (1957 No 70)