Clerks of Works Act Repeal Act 1992

  • repealed
  • Clerks of Works Act Repeal Act 1992: repealed, on 31 August 2012, by section 3 of the Regulatory Reform (Repeals) Act 2012 (2012 No 71).

Reprint
as at 31 August 2012

Coat of Arms of New Zealand

Clerks of Works Act Repeal Act 1992

Public Act1992 No 128
Date of assent18 December 1992
Commencementsee section 1(2)
  • Clerks of Works Act Repeal Act 1992: repealed, on 31 August 2012, by section 3 of the Regulatory Reform (Repeals) Act 2012 (2012 No 71).


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 dissolve the Clerks of Works Registration Board and to make provision for related matters

1 Short Title and commencement
  • (1) This Act may be cited as the Clerks of Works Act Repeal Act 1992.

    (2) Except as provided in sections 3(2), 7(2), and 8(2), this Act shall come into force on the day on which it receives the Royal assent.

2 Winding up of operations of Board
  • Having regard to section 3 of this Act, the Clerks of Works Registration Board established by section 3(1) of the Clerks of Works Act 1944 (in sections 3 and 4 of this Act referred to as the Board) shall do all in its power to have its affairs in an orderly state when it is dissolved, and, in particular,—

    • (a) shall do all in its power to secure the payment of all money it owes, and the recovery of all debts it is due; and

    • (b) shall cause to be prepared final accounts as at the close of 31 March 1993.

3 Dissolution of Board
  • (1) The Board is hereby dissolved.

    (2) This section shall come into force on 1 April 1993.

4 Assets of Board
  • Subject to section 6, all rights, assets, liabilities, and debts, that the Board has at the close of 31 March 1993 shall, on 1 April 1993, become rights, assets, liabilities, and debts of the Minister of Commerce.

5 Incorporation of New Zealand Institute of Clerks of Works
  • (1) Notwithstanding its existing incorporation under section 9 of the Clerks of Works Act 1944, the New Zealand Institute of Clerks of Works (hereafter in this section, and in section 6 of this Act, referred to as the Institute) may at any time before 1 April 1993, in accordance with the Incorporated Societies Act 1908, become a society incorporated under the latter Act; and if it does so, the following provisions shall apply:

    • (a) it shall be deemed to be the same body it was before:

    • (b) it shall be deemed to have ceased to be incorporated under section 9 of the Clerks of Works Act 1944:

    • (c) subject to its rules and the Incorporated Societies Act 1908,—

      • (i) its members and officers shall continue to be its members and officers; and

      • (ii) its ceasing to be incorporated under section 9 of the Clerks of Works Act 1944, and becoming a society incorporated under the Incorporated Societies Act 1908, shall not affect its name, assets, or liabilities.

    (2) If the Institute does not before 1 April 1993 become a society incorporated under the Incorporated Societies Act 1908,—

    • (a) it shall on that day be deemed to have been dissolved; and

    • (b) all its surplus assets, after payment of all costs, debts, and liabilities, shall be disposed of—

      • (i) if, before that day, its Council has decided on the manner in which the assets are to be disposed of, in that manner; and

      • (ii) to the extent that, before that day, its Council has not done so, in a manner determined by the Governor-General by Order in Council.

6 Register of Clerks of Works
  • On and after 1 April 1991, the following provisions shall apply to the Register of Clerks of Works (kept under the Clerks of Works Act 1944):

    • (a) section 5 shall apply to it as if, immediately before that day, it had been the property of the Institute:

    • (b) its owner shall ensure that no names are added to or deleted from it.

7 Repeals
  • (1) The following enactments are hereby repealed:

    • (a) the Clerks of Works Act 1944:

    • (b) so much of Schedule 2 of the Fees and Travelling Allowances Act 1951 as relates to the Clerks of Works Act 1944:

    • (c) the Clerks of Works Amendment Act 1963:

    • (d) the Clerks of Works Amendment Act 1974:

    • (e) the Clerks of Works Amendment Act 1976:

    • (f) the Clerks of Works Amendment Act 1980:

    • (g) the Clerks of Works Amendment Act 1987:

    • (h) so much of Schedule 1 of the Trade and Industry Act Repeal Act 1988 as relates to the Clerks of Works Act 1944.

    (2) This section shall come into force on 1 April 1993.

8 Revocations
  • (1) The following regulations are hereby revoked:

    • (a) the Clerks of Works Regulations 1945:

    • (b) the Clerks of Works Amendment Act Commencement Order 1981:

    • (c) the Clerks of Works Regulations 1945, Amendment No 2.

    (2) This section shall come into force on 1 April 1993.


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 Clerks of Works Act Repeal Act 1992. The reprint incorporates all the amendments to the Act as at 31 August 2012, 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)
  • Regulatory Reform (Repeals) Act 2012 (2012 No 71): section 3