New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 1 July 2001
| Public Act | 1999 No 141 |
| Date of assent | 14 October 1999 |
| Commencement | see section 1(2) |
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 Health.
An Act to—
(a) dissolve the Children's Health Camps Board; and
(b) transfer its assets and liabilities to a foundation incorporated under Part 2 of the Charitable Trusts Act 1957; and
(c) provide for incidental matters
(1) This Act may be cited as the Children's Health Camps Board Dissolution Act 1999.
(2) This Act comes into force on 1 April 2000.
In this Act, unless the context otherwise requires,—
Board means the Children's Health Camps Board established by section 3 of the Children's Health Camps Act 1972
Camp Committee means a Camp Committee established under section 16 of the Children's Health Camps Act 1972
commencement day means the day on which this Act comes into force
District Committee means a District Committee established under section 19 of the Children's Health Camps Act 1972 by a Camp Committee
Foundation means the charitable trust established by deed dated 31 March 1999 with the name Children's Health Camps—The New Zealand Foundation for Child and Family Health and Development
Fund means the Children's Health Camps Fund established by section 26 of the Children's Health Camps Act 1972.
(1) On commencement day—
(a) the Board is dissolved; and
(b) every Camp Committee and District Committee is dissolved; and
(c) the Fund and any other real and personal property, and rights and liabilities, of the Board vest in the Foundation; and
(d) all real and personal property, and rights and liabilities, of every Camp Committee and District Committee vest in the Foundation; and
(e) all proceedings pending by or against the Board may be carried on, completed, or enforced by or against the Foundation.
(2) The Registrar-General of Land must, on written application under the common seal of the Foundation and on payment of the prescribed fee,—
(a) register the Foundation as the proprietor, in substitution for the Board, of the estate or interest of the Board in any land that is incorporated in the register or otherwise registered under any enactment and that is vested in the Foundation under this Act; and
(b) make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.
(1) A person who, immediately before commencement day, held office as a member of the Board vacates that office on commencement day.
(2) A person who, immediately before commencement day, held office as a member of a Camp Committee or District Committee vacates that office on commencement day.
(3) A person who vacates office solely as a result of this Act is not entitled to compensation for loss of the office.
(1) A person who, immediately before commencement day, is an officer or employee of the Board becomes, on commencement day, an officer or employee of the Foundation.
(2) The employment contract of an employee of the Board who becomes an employee of the Foundation solely as a result of this Act is deemed to be unbroken.
(3) An employee of the Board who becomes an employee of the Foundation solely as a result of this Act is not entitled to receive any payment or benefit for redundancy or otherwise simply because that employee has ceased to be an employee of the Board.
(1) As soon as reasonably practicable after commencement day, the Secretary must arrange for a final report of the Board to be completed.
(2) The report must—
(a) describe the Board's operations for the period beginning on 1 April immediately before commencement day and ending with the close of the day immediately before commencement day; and
(b) be accompanied by a copy of the Board's accounts for that period certified by the Auditor-General.
(3) In this section, Secretary means the person who held office as the Secretary of the Board immediately before commencement day.
Section 6(2)(b): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).
The enactments specified in Schedule 1 are repealed.
The enactments specified in Schedule 2 are consequentially amended in the manner indicated in that schedule.
(1), (2) Amendment(s) incorporated in the regulations.
(3) Any information which, immediately prior to commencement day, is required to be retained by a Camp Committee for the purposes of the Health (Retention of Health Information) Regulations 1996 must, on and from commencement day, be retained by the Foundation.
(1) Each trustee of the Foundation must be appointed in the manner prescribed in the trust deed.
(2) Each trustee holds office for a term prescribed or provided for by the trust deed.
The trust deed of the Foundation must contain provisions—
(a) for the keeping of accounts:
(b) for the holding of, and voting at, meetings of trustees:
(c) specifying the quorum required for the holding of meetings of trustees:
(d) specifying the investment powers of the trustees:
(e) specifying the borrowing powers of the trustees:
(f) specifying the manner in which a vacancy in the office of a trustee must be filled:
(g) specifying the manner in which the trust deed may be varied.
For the purposes of any enactment specified in the Schedule of the Tax Administration Act 1994, or imposing, or providing for the imposition or collection of, any duty, levy, rate, tax, or other similar charge,—
(a) on and from commencement day, the Board and the Foundation are the same person; and
(b) every transaction or act entered into or performed by the Board before commencement day is deemed to have been entered into or performed by the Foundation.
Subject to this Act, the Trustee Act 1956 applies to the Foundation.
(1) Despite the revocation of the Health Camps Federation Emblem Order 1954 (by section 45(2)(a) of the Children's Health Camps Act 1972), the emblem of the King George the Fifth Memorial Children's Health Camps Federation is to be the emblem of the Foundation.
(2) No person may,—
(a) for the purposes of sale, apply or cause to be applied to any article the emblem of the Foundation or any colourable imitation of that emblem without the prior written consent of the Foundation; or
(b) knowing that the emblem of the Foundation or any colourable imitation of that emblem has been applied to any article without the prior written consent of the Foundation, sell that article, or cause it to be sold, or offer or expose that article for sale, or cause it to be offered or exposed for sale.
(3) Every person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding $2,000.
Schedule 1 |
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Schedule 2 |
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
Amendment(s) incorporated in the Act(s).
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)
This is a reprint of the Children's Health Camps Board Dissolution Act 1999. The reprint incorporates all the amendments to the Act as at 1 July 2001, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
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.
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.
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).
Public Audit Act 2001 (2001 No 10): section 52
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