Consumer Council Act Repeal Act 1988

Reprint
as at 27 October 1988

Coat of Arms of New Zealand

Consumer Council Act Repeal Act 1988

Public Act1988 No 144
Date of assent26 October 1988
Commencementsee section 1

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 Economic Development.


An Act to abolish the Consumer Council and the Consumers Institute, to provide for the establishment of an incorporated society to succeed those bodies, and to repeal the Consumer Council Act 1966

1 Short Title and commencement
  • (1) This Act may be cited as the Consumer Council Act Repeal Act 1988.

    (2) Except as provided in subsection (3), this Act shall come into force on the date on which it receives the Royal assent.

    (3) Sections 4 to 10 shall come into force on 1 January 1989.

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

    Council means the Consumer Council established under the Consumer Council Act 1966

    Institute means the Consumers Institute of New Zealand established under the Consumer Council Act 1966

    society means the incorporated society registered in accordance with section 3

    undertaking means the property, rights, and liabilities of the Council or the Institute, including any grants, subsidies, donations, gifts, and subscriptions.

3 Council to register incorporated society
  • (1) The Council shall, before 1 January 1989, register an incorporated society under the Incorporated Societies Act 1908 with the name Consumers' Institute of New Zealand Incorporated.

    (2) The society may be registered as if it were a society authorised by section 4 of the Incorporated Societies Act 1908 to become incorporated under that Act.

    (3) Notwithstanding anything in section 7 of the Incorporated Societies Act 1908, the application shall be made by sending to the Registrar of Incorporated Societies—

    • (a) an application for incorporation in any written form sealed with the common seal of the Council; and

    • (b) 2 copies of the proposed rules of the society, signed by the Chairman of the Council; and

    (4) Nothing in section 35 of the Consumer Council Act 1966 shall apply to the society.

4 Transfer of undertaking
  • On 1 January 1989—

    • (a) the undertaking of the Council and the Institute shall vest in the society; and

    • (b) all money payable to the Council or the Institute shall become payable to the society; and

    • (c) all proceedings pending by or against the Council or the Institute may be continued, completed, or enforced by or against the society.

5 Members of Institute
  • (1) On 1 January 1989 every person who is a member of the Institute shall become a member of the society.

    (2) This section shall not apply to any person who has given notice to the Institute on or before 31 December 1988 that he or she wishes to terminate his or her membership of the Institute.

6 Employees of Council
  • (1) On 1 January 1989 every employee of the Council shall become an employee of the society but, for the purposes of every enactment, law, award, determination, contract, and agreement relating to the employment of each such employee, the contract of employment of that employee shall be deemed to have been unbroken and the period of service with the Council shall be deemed to have been a period of service with the society.

    (2) The terms and conditions of employment of each such employee shall, until varied, be identical with the terms and conditions of that employee's employment with the Council immediately before 1 January 1989.

    (3) No such employee shall be entitled to receive any payment or other benefit by reason only of that employee ceasing by virtue of this Act to be an employee of the Council.

7 Dissolution of Consumer Council and Consumers Institute
  • On 1 January 1989—

    • (a) the Council, the Institute, and all other bodies established under the Consumer Council Act 1966 shall be dissolved; and

    • (b) every member of the Council, and every member of any other body established under the Consumer Council Act 1966, shall vacate office.

8 Final report of Consumer Council
  • (1) As soon as practicable after 31 March 1989 the society shall arrange for a final report of the Council to be sent to the Minister of Consumer Affairs showing the Council's proceedings and operations for the year ending with 31 December 1988, and shall attach to the report a copy of the Council's accounts for that year certified by the Audit Office.

    (2) A copy of the report and accounts shall be laid before the House of Representatives within 28 days after the date of its receipt by that Minister if Parliament is then in session, and, if not, shall be laid before the House of Representatives within 28 days after the date of the commencement of the next ensuing session.

9 Consequential amendments
  • The enactments specified in Schedule 1 are hereby amended in the manner indicated in that schedule.

10 Repeals
  • The enactments specified in Schedule 2 are hereby repealed.


Schedule 1
Enactments amended

s 9

Flags, Emblems, and Names Protection Act 1981 (1981 No 47)

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

Official Information Act 1982 (1982 No 156) (RS Vol 21, p 579)

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

Public Bodies Contracts Act 1959 (1959 No 98) (Reprinted 1975, Vol 3, p 2251)

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

Standards Act 1988 (1988 No 5)

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


Schedule 2
Enactments repealed

s 10

Consumer Council Act 1966 (1966 No 21) (RS Vol 17, p 150)
Consumer Council Amendment Act 1969 (1969 No 72) (RS Vol 17, p 167)
Consumer Council Amendment Act 1980 (1980 No 106) (RS Vol 17, p 168)
Consumer Council Amendment Act 1982 (1982 No 64) (RS Vol 17, p 168)
Consumer Council Amendment Act 1985 (1985 No 81) (RS Vol 17, p 168)
State Sector Act 1988 (1988 No 20)

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 Consumer Council Act Repeal Act 1988. The reprint incorporates all the amendments to the Act as at 27 October 1988, 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)