National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010

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National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010

Public Act2010 No 132
Date of assent20 December 2010
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010.

2 Commencement
  • This Act comes into force on 1 February 2011.

Amendments to principal Act

4 Purpose
  • Section 3 is amended by repealing paragraph (c) and substituting the following paragraph:

    • (c) continue the mutually supportive roles of the National Librarian and the Chief Librarian; and.

5 Interpretation
  • (1) Section 4 is amended by repealing the definition of Minister and substituting the following definition:

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.

    (2) The definition of National Library in section 4 is amended by omitting the department of State known as.

    (3) Section 4 is amended by inserting the following definitions in their appropriate alphabetical order:

    chief executive means the chief executive of the department

    department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.

6 National Librarian
  • Section 8 is amended by repealing subsections (2) and (3) and substituting the following subsection:

    • (2) The National Librarian is the person for the time being appointed to that office by the chief executive under the State Sector Act 1988.

7 Functions and powers of National Librarian
  • (1) Section 9 is amended by inserting the following subsection before subsection (1):

    • (1AA) The National Librarian has all the powers necessary to perform and carry out the functions and duties imposed on the National Librarian by or under this Act.

    (2) Section 9(2)(b) is repealed.

    (3) Section 9 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The National Librarian must not transfer the custody or use of any documents held by the National Library to any authority or other person, or remove any documents from the collections, without the approval of the Minister.

8 New section 9A inserted
  • The following section is inserted after section 9:

    9A Delegations by National Librarian
    • (1) The National Librarian may, either generally or particularly, delegate to an employee in the department all or any of the National Librarian's functions, duties, or powers under this Act except the power to delegate.

      (2) A delegation—

      • (a) must be in writing; and

      • (b) may be made subject to any restrictions and conditions the National Librarian thinks fit; and

      • (c) is revocable at any time, in writing; and

      • (d) does not prevent the performance or exercise of a function, duty, or power by the National Librarian.

      (3) A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

      (4) A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

      (5) This section is subject to the limitations specified in sections 13(3) and 14.

9 Continuation of Alexander Turnbull Library
  • Section 11 is amended by inserting the following subsection after subsection (2):

    • (2A) The chief executive, in consultation with the National Librarian, must provide—

      • (a) separate and suitable accommodation in a national library building for the collections of the Alexander Turnbull Library; and

      • (b) for the development of the research collections and the services of the Alexander Turnbull Library, particularly in the fields of New Zealand and Pacific studies and rare books.

10 Chief Librarian of Alexander Turnbull Library
  • (1) Section 13(2) is amended by omitting National Librarian and substituting chief executive, on the recommendation of the National Librarian,.

    (2) Section 13(3)(b) is amended by—

    • (a) omitting the National Library and substituting the department; and

    • (b) omitting the National Librarian and substituting the chief executive, in consultation with the National Librarian,; and

    • (c) adding in accordance with section 9A.

    (3) Section 13 is amended by repealing subsection (4) and substituting the following subsection:

    • (4) The person holding office as Chief Librarian immediately before the commencement of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 continues to hold that office on the commencement of that Act on the same terms and conditions, to the extent that those terms and conditions are consistent with the Chief Librarian being an employee in the department.

11 New section 14 substituted
  • Section 14 is repealed and the following section substituted:

    14 Functions, duties, and powers of Chief Librarian
    • The Chief Librarian must perform any functions or duties, and exercise any powers, delegated to him or her under section 9A for preserving, protecting, developing, and making accessible the collections of the Alexander Turnbull Library.

12 Documents may be made available for public exhibition
13 Reports
14 Administration
  • Section 21(2) is amended by omitting The National Library and substituting The department.

15 Administration
  • Section 28 is amended by omitting The National Library and substituting The department.

16 Use of public documents in National Library
  • Section 34 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) For the purposes of carrying out his or her duties, the National Librarian and any employee, contractor, or agent of the chief executive may possess, copy, store in electronic form (whether offline or online), and use any copy of a deposited document.

Transfer of employees of National Library and related matters

17 Transfer of National Library employees to department
  • (1) Sections 30E, 30F, and 30G of the State Sector Act 1988 apply to every person who was, immediately before the commencement of this Act, an employee in the National Library.

    (2) For the purposes of subsection (1), sections 30E, 30F, and 30G of the State Sector Act 1988 apply as if they had been declared to apply by Order in Council under section 30C of that Act.

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


Schedule
Consequential amendments

s 18

Films, Videos, and Publications Classification Act 1993 (1993 No 94)

Section 131(4)(k): omit of the National Library Department and substitute in the department responsible for the administration of that Act.

Official Information Act 1982 (1982 No 156)

Paragraph (e)(ii) of the definition of official information in section 2(1): insert Te Puna Mātauranga o Aotearoa after National Library of New Zealand.

Item relating to National Library of New Zealand in Schedule 1: omit.

Ombudsmen Act 1975 (1975 No 9)

Item relating to the National Library Department in Part 1 of Schedule 1: omit.

State Sector Act 1988 (1988 No 20)

Item relating to National Library of New Zealand Te Puna Mātauranga o Aotearoa in Schedule 1: omit.


Legislative history

9 December 2010Divided from State Sector Management Bill (Bill 193–2) by committee of the whole House, third reading
20 December 2010Royal assent

This Act is administered by the Department of Internal Affairs.