New Zealand Council for Educational Research Act 1972

Reprint
as at 10 September 2008

Coat of Arms of New Zealand

New Zealand Council for Educational Research Act 1972

Public Act1972 No 35
Date of assent20 October 1972
Commencement20 October 1972
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 Education.

An Act to consolidate and amend the law relating to the powers and functions of the New Zealand Council for Educational Research

1 Short Title and commencement

  • (1) This Act may be cited as the New Zealand Council for Educational Research Act 1972.

    (2) This Act shall come into force on 1 January 1973.

2 Interpretation

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

    Council means the New Zealand Council for Educational Research

    electoral college means the electoral college constituted under this Act

    financial year means a period of 12 consecutive months ending with 31 March

    Minister means the Minister of Education.

    Compare: 1945 No 26 s 2

Constitution of New Zealand Council for Educational Research

3 New Zealand Council for Educational Research

  • (1) For the purposes of this Act, there shall continue to be a body corporate to be known as the New Zealand Council for Educational Research, which shall, subject to this Act, be the same body corporate of the same name as was constituted under the New Zealand Council for Educational Research Act 1945.

    (2) The Council shall continue to have perpetual succession and a common seal, and shall be capable of acquiring, holding, and disposing of real and personal property, of suing and being sued, and of doing and suffering all that bodies corporate may do and suffer.

    Compare: 1945 No 26 s 3

4 Eligibility for membership of Council

  • Every person having attained the age of 20 years who is not disqualified under section 5 from appointment as a member of the Council shall be eligible to be appointed as a member of the Council.

    Compare: 1945 No 26 s 4(3)

5 Disqualification from membership of Council

  • The following persons shall be disqualified from appointment as members of the Council:

    • (a) a person who is subject to a property order made under section 30 or 31 of the Protection of Personal and Property Rights Act 1988:

    • (b) a bankrupt who has not obtained his order of discharge or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled:

    • (c) a person convicted of any offence punishable by imprisonment, unless he has received a full pardon or has served his sentence or otherwise suffered the penalty imposed upon him:

    • (d) an officer or servant of the Council employed by it in a full-time capacity for salary or other remuneration.

    Section 5(a): replaced, on 10 September 2008, by section 12(2) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

6 Constitution of Council

  • (1) The Council shall consist of—

    • (a) 1 member to be appointed by the Governor-General on the recommendation of the Minister:

    • (b) 6 elective members to be appointed by the Governor-General on election in the prescribed manner by the electoral college.

    (2) The Council itself may from time to time if and when it thinks fit appoint not more than 2 additional persons to be members of the Council (hereinafter referred to as co-opted members).

    (3) The members of the Council in office on the passing of this Act shall continue to hold office for the term for which they had originally been appointed as though they had been appointed under this Act.

    Compare: 1945 No 26 s 4

7 Extraordinary vacancies on Council

  • (1) The office of any member of the Council shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy, if the member—

    • (a) dies; or

    • (b) resigns his office by writing under his hand delivered to the chairman of the Council; or

    • (c) becomes ineligible for appointment as a member of the Council under paragraph (a), paragraph (b), or paragraph (d) of section 5; or

    • (d) is absent without leave from 3 consecutive meetings of the Council; or

    • (e) is convicted of any offence punishable by imprisonment for a term of 2 years or more; or

    • (f) is convicted of any offence punishable by imprisonment for a term of less than 2 years and is sentenced to imprisonment for that offence.

    (1A) If a property order is made in respect of a member under section 30 of the Protection of Personal and Property Rights Act 1988 (which relates to temporary orders),—

    • (a) subsection (1)(c) does not apply to the member by virtue only of the making of that order; but

    • (b) while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member during that period.

    (2) In any case to which paragraph (e) of subsection (1) applies—

    • (a) the disqualification shall not take effect until the expiration of the time for appealing against the conviction and, in the event of an appeal against conviction, until the appeal is determined; and

    • (b) the member concerned shall be deemed to have been granted leave of absence until the expiration of that time, and shall not be capable of acting as a member during the period of that leave of absence.

    (3) In any case to which paragraph (f) of subsection (1) applies—

    • (a) the disqualification shall not take effect until the expiration of the time for appealing against the conviction or the sentence and, in the event of an appeal against conviction or against the sentence or both, until the appeal is determined; and

    • (b) the member concerned shall be deemed to have been granted leave of absence until the expiration of that time, and shall not be capable of acting as a member during the period of that leave of absence.

    (4) Every extraordinary vacancy on the Council shall be filled as soon as practicable after it occurs by the appointment of a new member in the same manner as the vacating member was appointed, and the member then appointed shall retain office for as long as the vacating member would have retained office if no such vacancy had occurred; but no extraordinary vacancy occurring within 6 months before the date set for the retirement of any other member of the Council need be filled before that date if the Council so resolves; and no extraordinary vacancy created by the death, resignation, or disqualification of any co-opted member need at any time be filled.

    Compare: 1945 No 26 s 6

    Section 7(1A): inserted, on 10 September 2008, by section 12(3) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

8 Term of office of members of Council

  • (1) Unless otherwise provided by this Act, every member of the Council, except a co-opted member, shall be appointed for a term of 4 years, commencing on 1 October in the year of his appointment, and any member may from time to time be reappointed.

    (2) Notwithstanding anything in this Act, every member of the Council except a co-opted member shall, unless he sooner vacates his office, continue to hold office until his successor comes into office.

    (3) Every co-opted member shall retire on the first date after his appointment on which any other member of the Council goes out of office by reason of effluxion of time, but may be reappointed.

    Compare: 1945 No 26 s 5

9 Chairman, deputy chairman, and treasurer

  • (1) At the first meeting of the Council held after 1 October in each year the Council shall appoint a chairman, a deputy chairman, and a treasurer.

    (2) Each person appointed as the chairman, deputy chairman, or treasurer shall, while he continues to be a member of the Council, hold office until the appointment of his successor in accordance with this section, and may be reappointed.

    Compare: 1945 No 26 s 7

10 Meetings of Council

  • (1) Meetings of the Council shall be held at such times and places as the Council determines.

    (2) The chairman of the Council or any 4 members of the Council may at any time call a special meeting of the Council.

    (3) At any meeting of the Council 4 members shall form a quorum.

    (4) Subject to section 11, every question before the Council shall be decided at a meeting of the Council by a majority of the valid votes recorded on the question.

    (5) The chairman shall preside at all meetings of the Council at which he is present.

    (6) In the absence of the chairman from any meeting of the Council, the deputy chairman, if present, shall preside. In the absence from any meeting of both the chairman and the deputy chairman, the members present shall appoint one of their number to be the chairman of that meeting.

    (7) At any meeting of the Council the chairman shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote.

    Compare: 1945 No 26 s 8

11 Passing of resolutions by Council without a meeting

  • (1) Anything that may be done by resolution passed at a meeting of the Council may be done by the Council by means of a resolution signed in accordance with subsection (2) without a meeting or any prior notice being required; but any member of the Council, or his duly appointed deputy, entitled to sign that resolution may by notice in writing to the chairman of the Council require that the matter be determined at a meeting of the Council, in which case a meeting of the Council to determine the matter shall be held as soon as a meeting can be called.

    (2) Every resolution made without a meeting of the Council shall be signed by all the members of the Council who are for the time being in New Zealand and are not incapacitated by disability from attending the meeting.

    (3) Every resolution of the Council made without a meeting of the Council shall be deemed to be passed as soon as it is delivered to the chairman, or if it is constituted by several instruments as soon as all the instruments constituting it have been delivered to the chairman, who shall note on the resolution or the last received instrument constituting the resolution the date of the passing of the resolution, and shall forthwith notify that date to each member of the Council.

    (4) Notwithstanding that for the purposes of making a resolution without a meeting of the Council the signatures of all the members of the Council mentioned in subsection (2) are required to the resolution, it shall be sufficient for the purposes of this section if those signatures are given on separate instruments having the same form and setting forth the same resolution, in which case, those instruments shall together constitute the resolution.

12 Powers of Council unaffected by informality, etc

  • The powers of the Council shall not be affected by any vacancy in the membership of the Council, nor in consequence of the subsequent discovery of any error or defect in the appointment of any member of the Council, or of the fact that any member of the Council is disqualified or has forfeited his membership.

Functions and powers of Council

13 Functions of Council

  • The functions of the Council shall be—

    • (a) to foster the study of, and research into, educational and other like matters, and to prepare and publish such reports on these matters as may in its opinion be necessary or of value to teachers or other persons:

    • (b) to furnish information, advice, and assistance to persons and organisations concerned with education and other similar matters.

    Compare: 1945 No 26 s 9

14 Powers of Council

  • The Council shall have all such powers as may be reasonably necessary or expedient to enable it to carry out its functions. Without limiting the generality of those powers, the Council may—

    • (a) expend funds for any of the purposes specified in section 13, and for any purpose that in the opinion of the Council is ancillary to any of those specified purposes, in such manner as, subject to the terms of any trust or endowment, the Council thinks fit:

    • (b) make grants to any person or persons approved by the Council to assist him or them to make studies or investigations approved by the Council:

    • (c) appoint honorary officers from among its own members:

    • (d) appoint committees of its members and delegate to them such of its functions and powers as it may determine, except this power of delegation:

    • (e) appoint committees of suitable persons who would be eligible for membership of the Council and delegate to those committees such of its functions under section 13 as it may determine:

    • (f) with a view to furthering the functions of the Council, co-operate with any persons, associations, or organisations outside New Zealand having functions similar to the functions of the Council.

    Compare: 1945 No 26 s 10

15 Power to appoint officers and servants

  • (1) The Council may from time to time appoint, and may determine the appointment of, such officers and servants, including acting, temporary, or casual officers and servants, as it thinks necessary for the efficient exercise of its functions and powers under this Act, and may pay them remuneration and allowances at such rates as it may from time to time determine after consultation with the State Services Commission.

    (1A) Notwithstanding anything in subsection (1), the remuneration payable to the chief executive officer of the Council shall be determined from time to time by the State Services Commission.

    (2) For the purpose of providing superannuation or retiring allowances for its officers and servants, the Council may, out of its own funds, make payments to subsidise or contribute to any superannuation scheme which is registered under the Superannuation Schemes Act 1989.

    Compare: 1945 No 26 s 10(c)

    Section 15(1A): inserted, on 1 April 1988, by section 87 of the State Sector Act 1988 (1988 No 20).

    Section 15(2): replaced, on 1 April 1991, by section 80 of the National Provident Fund Restructuring Act 1990 (1990 No 126).

16 Power to insure members, officers, and servants

  • (1) The Council may from time to time enter into contracts of insurance to insure members, officers, and servants of the Council and members of any committee appointed under paragraph (e) of section 14 against loss from personal accident arising out of and in the course of the exercise of their powers and duties as members of the Council or of a committee so appointed, or, in the case of officers and servants, arising out of and in the course of their employment. The Council may pay the premium payable for those contracts of insurance.

    (2) The Council may pay the net proceeds received by it under any such contract of insurance to the person affected or, as the case may require, to his personal representative.

17 Power to acquire land

  • With the approval of the Minister, the Council may, out of its funds, purchase, take on lease or licence, or otherwise acquire such land as in the opinion of the Council is necessary for the performance of its functions.

18 Power to sell or exchange land

  • (1) Subject to subsections (2) and (3), the Council may with the approval of the Minister sell or exchange any land vested in the Council, and in receiving any land by way of exchange may pay or receive any money by way of equality of exchange.

    (2) Nothing in this section shall authorise the sale or exchange of any land granted by the Crown or under any Act as an endowment to the Council.

    (3) The powers of selling or exchanging land which are conferred on the Council by this section in so far as they extend to land held in trust for any special purpose do so notwithstanding the terms of the trust; but the proceeds of any such sale, and the land or money obtained by any such exchange, shall be subject to the same or similar trusts, so far as may be, as the land so disposed of.

19 Power to grant leases

  • The Council may grant leases of any land vested in the Council for such period or periods at such rent and generally on such terms and conditions as the Council considers advisable or expedient; but no lease shall be granted for a period, or periods in the aggregate, exceeding 10 years unless the consent in writing of the Minister has been previously given.

20 Power to acquire plant, etc

  • The Council may, out of its funds, purchase, take on lease, hire, or otherwise acquire such plant, machinery, and equipment as in the opinion of the Council are necessary for the performance of its functions.

20A Delegation of powers

  • (1) The Council may delegate to its chief executive officer all or any of its powers except the powers described in any of—

    (2) Every delegation must be in writing.

    (3) The chief executive officer may further delegate any power of the Council to a person appointed under section 15 if—

    • (a) the chief executive officer is authorised in writing to delegate the power; and

    • (b) the delegation is in accordance with any conditions contained in the authorisation.

    (4) A power that has been delegated under subsection (3) may not be further delegated.

    (5) Every delegation continues in force until it is revoked by the Council or chief executive officer (as appropriate).

    (6) The delegation of a power does not prevent the Council from exercising that power, nor does it affect the responsibility of the Council for the actions of any person acting under the delegation.

    Section 20A: inserted, on 27 September 2001, by section 4 of the New Zealand Council for Educational Research Amendment Act 2001 (2001 No 74).

Electoral college

21 Electoral college

  • (1) For the purposes of this Act there shall be an electoral college which shall comprise all persons whose names are enrolled on an electoral roll to be compiled and kept by such officer of the Council in such form and in such manner as may be prescribed by rules under this Act.

    (2) The people entitled to have their names enrolled on the roll of the electoral college shall from time to time be prescribed by Order in Council; which may prescribe all or any of the following:

    • (a) particular people:

    • (b) the holders of particular offices:

    • (c) people nominated by particular bodies or by the holders of particular offices.

    (2A) No order shall be made under subsection (2) except on the recommendation of the Minister; and the Minister shall not recommend the making of such an order unless satisfied (after consultation with the Council) that an electoral college constituted in accordance with the order—

    • (a) will be broadly representative of groups and bodies concerned with the conduct of education or educational research in New Zealand; and

    • (b) will include distinguished New Zealand educators.

    (3) The electoral roll shall be conclusive evidence that any person whose name appears on it is a duly qualified member of the electoral college.

    (4) No person shall have more than 1 vote in any election by virtue of his being severally qualified to have his name enrolled on the electoral roll.

    (5) The nominated members of the electoral college shall be enrolled for a term of 2 years, but may from time to time be renominated.

    (6) Any nominated member may at any time resign his office by writing addressed to the Council. In that case, and in the case of a vacancy caused by the death of a nominated member, the vacancy shall, as soon as practicable after the resignation or death, be filled by the authority that nominated the member whose office has become vacant. The person nominated to fill the vacancy shall hold office only for the remainder of the term for which his predecessor in office was appointed.

    Compare: 1945 No 26 s 12

    Section 21(2): replaced, on 1 January 1992, by section 2(1) of the New Zealand Council for Educational Research Amendment Act 1991 (1991 No 139).

    Section 21(2A): inserted, on 1 January 1992, by section 2(1) of the New Zealand Council for Educational Research Amendment Act 1991 (1991 No 139).

Financial provisions

22 Grants to Council

  • For the purpose of providing funds for the exercise of the functions of the Council,—

    • (a) the Minister of Finance shall in each financial year pay to the Council, out of money appropriated by Parliament for the purpose, such sum as the Minister of Finance may approve:

    • (b) any education board, and the governing body of any secondary school, technical institute, or teachers college, may in any financial year, with the prior approval of the Minister, make a grant to the Council out of its general funds of such amount as it thinks fit:

    • (c) any university, local authority, or public body may from time to time make grants out of its general funds to the Council of such amounts as it thinks fit.

    Compare: 1945 No 26 ss 14, 15

23 Funds and property of Council

  • The funds and property of the Council shall consist of—

    • (a) all money paid to the Council out of money appropriated by Parliament for the purpose:

    • (b) all money paid to the Council by way of grants, subsidies, donations, gifts, fees, subscriptions, royalties, rent, and interest:

    • (c) all money derived from the sale of any property held by or on behalf of the Council:

    • (d) all other money and property lawfully received by the Council:

    • (e) all accumulations of income derived from any such property or money.

24 Investment of money

  • Subject to the terms of any trust or endowment, any money belonging to the Council and available for investment may be invested in any manner in which trustees are for the time being authorised to invest trust funds.

    Compare: 1945 No 26 s 18

25 Borrowing powers

  • With the prior consent in writing of the Minister of Finance, the Council may borrow money from the Crown, from any local authority or public body, or from any person; and, for the purpose of securing that money, may mortgage, charge, or pledge any right, title, estate, or interest in any of its property.

    Compare: 1945 No 26 s 17

26 Money to be paid into bank

  • (1) The Council may open and maintain bank accounts.

    (2) All money amounting to $20 or more received or held by the Council shall, as soon as practicable, be paid into the appropriate bank account.

    (3) No money shall be drawn out of a bank account except by authority of the Council. All cheques on the account of the Council shall be signed by the treasurer or other officer of the Council appointed for the purpose, and countersigned by a member, or an officer, authorised by the Council from time to time to countersign cheques.

    Compare: 1945 No 26 s 16

    Section 26(1): replaced, on 27 September 2001, by section 5(1) of the New Zealand Council for Educational Research Amendment Act 2001 (2001 No 74).

    Section 26(3): amended, on 27 September 2001, by section 5(2) of the New Zealand Council for Educational Research Amendment Act 2001 (2001 No 74).

27 Council may establish imprest accounts

  • (1) For the purposes of paying salaries, wages, and such other expenditure as the Auditor-General may approve, the Council may, if it so resolves, establish and maintain any imprest account at a bank.

    (2) Each imprest account shall be held jointly in the names of, and be operated by, 2 responsible persons to be appointed in that behalf by the Council, or, with the express approval in writing of the Auditor-General, shall be in the sole name of, and be operated by, the treasurer or other approved officer of the Council. At each ordinary meeting of the Council a statement of all payments from each imprest account that have not been approved by the Council at any previous meeting shall be submitted to the Council for its approval by that person or those persons in whose name or names the account stands.

    (3) The Council shall from time to time by resolution fix the maximum amount not exceeding such amount as the Auditor-General may from time to time approve, to be held at any time in each imprest account.

    (4) The payment of money out of any imprest account for any purpose not authorised under this section shall be deemed to be a misappropriation of the funds of the Council.

    Section 27(1): amended, on 27 September 2001, by section 6 of the New Zealand Council for Educational Research Amendment Act 2001 (2001 No 74).

    Section 27(1): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

    Section 27(2): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

    Section 27(3): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

28 Audit of Council's accounts

  • (1) The Council must keep full and correct accounts of all money received and spent by it.

    (2) As soon as practicable after the end of each financial year, the Council shall cause the accounts of the Council for that financial year to be balanced and shall prepare a statement of financial position as at the end of the financial year together with an account of income and expenditure showing the financial transactions for that year, which it shall submit to the Auditor-General.

    (3) The Council is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

    Compare: 1945 No 26 s 19

    Section 28(1): replaced, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

    Section 28(2): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

    Section 28(2): amended, on 1 October 1997, pursuant to section 6(1) of the Financial Reporting Amendment Act 1997 (1997 No 17).

    Section 28(3): inserted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

29 Exemption from land and income tax

  • (1) All land owned by the Council shall be exempt from land tax.

    (2) The Council is hereby declared to be exempt from the payment of income tax.

30 Remuneration and travelling expenses of members of the Council and of committees

  • (1) The Council and any committee appointed by the Council under section 14 are hereby declared to be statutory Boards within the meaning of the Fees and Travelling Allowances Act 1951.

    (2) The Council shall pay to its members and to the members of any committee appointed under section 14 remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

    Compare: 1945 No 26 s 22

31 Unauthorised expenditure

  • The Council may in any financial year out of its income available for general purposes expend for purposes not authorised by this or any other Act for the time being in force any sum or sums not amounting in the aggregate to more than $500 or such other amount as may be prescribed by regulations made under this Act.

    Compare: 1945 No 26 s 11

    Section 31: amended, on 9 December 1976, by section 2 of the New Zealand Council for Educational Research Amendment Act 1976 (1976 No 108).

Miscellaneous provisions

32 Annual report

  • (1) The Council shall, as soon as practicable after the end of each financial year, provide the Minister with a report of its proceedings and operations for the preceding financial year.

    (2) The annual report shall contain the statement of financial position of the Board as at the end of the financial year, together with an account of income and expenditure showing the financial transactions for that year, and shall also contain the report of the Auditor-General on the statement of financial position and account.

    (3) A copy of the annual report shall, after its receipt by the Minister, be laid before Parliament as soon as practicable.

    Compare: 1945 No 26 s 20

    Section 32(2): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

    Section 32(2): amended, on 1 October 1997, pursuant to section 6(1) of the Financial Reporting Amendment Act 1997 (1997 No 17).

33 Rules

  • (1) The Council may from time to time, by resolution, make rules not inconsistent with this Act for all or any of the following purposes:

    • (a) regulating the proceedings of the Council and the conduct of its meetings:

    • (b) prescribing the method of election of members of the Council and matters incidental thereto:

    • (c) prescribing the form and manner of compiling and keeping the electoral roll of the electoral college:

    • (d) providing for the custody of the property and funds of the Council, and the custody and use of the common seal of the Council:

    • (e) prescribing the duties of officers and other servants of the Council:

    • (f) providing for the establishment of local branches, to be known as institutes, to further the work of the Council, and prescribing such other matters as may be necessary for the efficient functioning of the institutes:

    • (g) such other purposes as may be deemed necessary or expedient for duly carrying out the work of the Council.

    (2) Subject to section 11, notice of every resolution proposed to be submitted to any meeting for the making, amendment, or revocation of any rule shall be given to every member of the Council not less than 14 clear days before the day fixed for the meeting.

    Compare: 1945 No 26 s 23

34 Consequential amendments, savings, and repeals

  • (1)  Amendment(s) incorporated in the principal Act(s).

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

    (3) [Repealed]

    (4) [Repealed]

    (5) [Repealed]

    (6) The New Zealand Council for Educational Research Act 1945 is hereby repealed.

    Section 34(3): repealed, on 24 May 1999, by section 15(1) of the Estate Duty Repeal Act 1999 (1999 No 64).

    Section 34(4): repealed, on 20 May 1999 (applying to instruments executed after 20 May 1999 and instruments executed between 20 May 1991 and 20 May 1999 (both dates inclusive) if the transactions to which the instruments relate are not completed or, in the case of leases are not carried into effect, on or before 20 May 1999), by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).

    Section 34(5): repealed, on 20 May 1999 (applying to instruments executed after 20 May 1999 and instruments executed between 20 May 1991 and 20 May 1999 (both dates inclusive) if the transactions to which the instruments relate are not completed or, in the case of leases are not carried into effect, on or before 20 May 1999), by section 7 of the Stamp Duty Abolition Act 1999 (1999 No 61).

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 New Zealand Council for Educational Research Act 1972. The reprint incorporates all the amendments to the Act as at 10 September 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)