Political Disabilities Removal Act 1960

Reprint
as at 8 March 1974

Coat of Arms of New Zealand

Political Disabilities Removal Act 1960

Public Act1960 No 8
Date of assent2 September 1960
Commencement2 September 1960

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 Justice.


An Act to consolidate and amend the Political Disabilities Removal Act 1936 and its amendments

1 Short Title
  • This Act may be cited as the Political Disabilities Removal Act 1960.

2 Power of certain associations to apply funds in furtherance of political objects
  • (1) Subject to the provisions of this section, the funds of any society may be applied in the furtherance of political objects if the members of the society so decide by a resolution for the time being in force, passed on a ballot of the members of the society taken in accordance with its rules.

    (2) For the purposes of this section, a resolution shall be deemed to have been passed on a ballot of the members of the society if a majority of the total valid votes recorded at the ballot is in favour thereof.

    (3) Any such resolution may be at any time revoked by a subsequent resolution passed in the same manner as the first-mentioned resolution was passed.

    (4) The provisions of this section shall apply to any society notwithstanding that there is no provision in its rules authorising the use of its funds for the furtherance of political objects.

    (5) For the purposes of this section, the term society means—

    • (a) any society of public servants consisting of not less than 15 persons, and primarily associated for the purpose of protecting or furthering their interests in connection with their employment; or

    • (b) any industrial union registered under the Industrial Relations Act 1973; or

    Compare: 1936 No 23 s 4; 1948 No 77 s 40

    Section 2(5)(b): amended, on 8 March 1974, pursuant to section 235 of the Industrial Relations Act 1973 (1973 No 19).

3 Exemption of member from payment of levy for political purposes
  • (1) Where any levy to be applied in the furtherance of political objects becomes lawfully payable by any member of any such society as aforesaid, he may, within 14 days after the date on which he receives written notice that the levy is payable, give notice in writing to the secretary of the society that he objects to payment of the levy.

    (2) On giving the notice as aforesaid, that member shall be exempt from payment of the levy.

    (3) No member so exempt shall be excluded from any benefits of the society, or be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the society by reason of his being so exempt.

    (4) If any such society, or any person being an officer or a member of any such society,—

    • (a) compels or attempts to directly or indirectly compel any member so exempt to pay any sum to which the exemption applies; or

    • (b) acts in contravention of or fails to comply in any respect with any of the provisions of subsection (3)—

    that society or person commits a breach of this Act and is liable to the same penalty, recoverable at the suit of an Inspector of Awards in the same manner, as if the breach were a breach of an award within the meaning of the Industrial Relations Act 1973 and the society or person were a union under that Act, and all the provisions of that Act with respect to the enforcement of an award shall apply, so far as they are applicable and with the necessary modifications.

    Section 3(4): amended, on 8 March 1974, pursuant to section 235 of the Industrial Relations Act 1973 (1973 No 19).

4 Repeals and savings
  • (1) The following enactments are hereby repealed, namely:

    • (a) the Political Disabilities Removal Act 1936:

    • (b) the Political Disabilities Removal Amendment Act 1950.

    (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, 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.


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 Political Disabilities Removal Act 1960. The reprint incorporates all the amendments to the Act as at 8 March 1974, 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)
  • Industrial Relations Act 1973 (1973 No 19): section 235