Industrial and Provident Societies Regulations 1952

Reprint
as at 1 January 2014

Coat of Arms of New Zealand

Industrial and Provident Societies Regulations 1952

(SR 1952/221)

C W M Norrie, Governor-General

Order in Council

At the Government House at Wellington, this 3rd day of December 1952

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to the Industrial and Provident Societies Act 1908, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1
  • (1) These regulations may be cited as the Industrial and Provident Societies Regulations 1952.

    (2) These regulations shall come into force on 1 January 1953.

Shape, writing, etc, of documents to be registered

2 Formal requirements as to documents
  • (1) All documents prepared to be registered or to be delivered, sent, or forwarded to the Registrar shall be legibly and clearly written, typewritten, or printed on A4 international size paper of medium weight and good quality, with a binding margin of at least one-fourth of the width of the paper. Where there are more sheets than 1 they shall be fastened together with a sufficient fastener at the top left-hand corner.

    (2) Carbon copies shall not be received by the Registrar.

    (3) Except by special leave of the Registrar, granted upon such conditions as he or she thinks fit, no document shall be received by the Registrar which does not comply with this regulation.

    Regulation 2 heading: inserted, on 9 September 1976, by regulation 2 of the Industrial and Provident Societies Regulations 1952, Amendment No 3 (SR 1976/238).

    Regulation 2(1): replaced, on 9 September 1976, by regulation 2 of the Industrial and Provident Societies Regulations 1952, Amendment No 3 (SR 1976/238).

Fees

3
  • [Revoked]

    Regulation 3: revoked, on 1 April 1996, by regulation 2(1) of the Industrial and Provident Societies Regulations 1952, Amendment No 5 (SR 1996/40).

4
  • (1) There shall be paid to every revising barrister under the Act, in respect of the several matters mentioned in Schedule 2, the several fees therein specified.

    (2) Every such fee shall be payable to the revising barrister upon presentation to him or her of the document in respect of which his or her certificate is required.

    (3) If any question arises as to the fee payable to a revising barrister the decision of the Registrar thereon shall be final.

Form of register of charges

5
  • The register of charges to be kept by the Registrar with respect to each registered society under section 20 of the Industrial and Provident Societies Amendment Act 1952 shall be in the form set out in Schedule 3.

Office hours

  • Heading: inserted, on 18 November 1957, by regulation 2 of the Industrial and Provident Societies Regulations 1952, Amendment No 1 (SR 1957/257).

5A
  • (1) The office of each District Registrar shall be open to the public for the transaction of business daily (except on Sundays, Saturdays, and public holidays), during such hours as the Registrar of Industrial and Provident Societies fixes from time to time, either generally or in any particular case.

    (2) In this regulation, public holiday

    • (a) means any day listed in section 44(1) of the Holidays Act 2003; and

    • (b) includes—

      • (i) the day observed in the locality as anniversary day:

      • (ii) any day in the period commencing on 25 December in any year and ending with 2 January in the following year:

      • (iii) if 2 January falls on a Saturday, 4 January:

      • (iv) if 2 January falls on a Sunday, 3 January and 4 January:

      • (v) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.

    (3) To avoid doubt, section 35(6) of the Interpretation Act 1999 (which relates to the extension of the time for doing anything where the time prescribed expires on a working day) applies to any document that is required to be registered or deposited in the office of any District Registrar.

    Regulation 5A: inserted, on 18 November 1957, by regulation 2 of the Industrial and Provident Societies Regulations 1952, Amendment No 1 (SR 1957/257).

    Regulation 5A(1): amended, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

    Regulation 5A(2): replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

    Regulation 5A(3): replaced, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Form of declaration of non-disclosure

  • Heading: inserted, on 5 January 1982, by regulation 2(1) of the Industrial and Provident Societies Regulations 1952, Amendment No 4 (SR 1981/371).

5B Form of declaration of non-disclosure
  • Every declaration made under section 13A(2) of the Industrial and Provident Societies Act 1908 shall be in the form set out in Schedule 4.

    Regulation 5B: inserted, on 5 January 1982, by regulation 2(1) of the Industrial and Provident Societies Regulations 1952, Amendment No 4 (SR 1981/371).

Revocation

6
  • The Industrial and Provident Societies Fees Regulations 1939 (SR 1939/108) are hereby revoked.


Schedule 1
Fees payable to Registrar

r 3(1)

[Revoked]

  • Schedule 1: revoked, on 1 April 1996, by regulation 2(1) of the Industrial and Provident Societies Regulations 1952, Amendment No 5 (SR 1996/40).

Schedule 2
Fees payable to revising barristers

r 4(1)

  • Schedule 2: replaced, on 1 January 1968, by regulation 2 of the Industrial and Provident Societies Regulations 1952, Amendment No 2 (SR 1967/266).

 $
For perusing rules to be certified under section 25 of the Industrial and Provident Societies Act 1908 (including certification or, as the case may be, specification of the particulars in which the rules are considered repugnant to or inconsistent with the Act)20
For perusing an alteration of rules to be certified as above— 
 if only 1 rule altered, revoked, or added2
 for every 3 additional rules that are altered, revoked, or added2
 with a maximum fee of10

Schedule 3
Register of charges, and of memoranda of satisfaction or release of [specify]

No of society:

Sheet No:

Date of registration: 
Serial number of document on file:
Date of creation of the charge and description thereof:
Date of the acquisition of the property:
Amount secured by the charge:
Short particulars of the property charged:
Names of the persons entitled to the charge:
Particulars relating to the issue of debentures of a series:    Signature:
 Total amount secured by a series of debentures:    (Registrar)
 Date of each issue of the series: 
 Amount of each issue of the series: 
 Dates of the resolutions authorising the issue of the series: 
 Date of the covering deed: 
 General description of the property charged:
 Names of the trustees for the debenture holders: 
Amount or rate per cent of the commission, allowance, or discount: 
 
Receiver or manager 
 Name:    Signature:
 Date of appointment:    (Registrar)
 Date of ceasing to act: 
Particulars of memorandum of satisfaction or release, date of registration, and signature of Registrar:

Schedule 4

r 5B

  • Schedule 4: inserted, on 5 January 1982, by regulation 2(2) of the Industrial and Provident Societies Regulations 1952, Amendment No 4 (SR 1981/371).

Declaration of non-disclosure under section 13A(2) of the Industrial and Provident Societies Act 1908

Industrial and Provident Societies Act 1908

No of society:

I, [name], of [place of abode and occupation], solemnly and sincerely declare—

  • 1 That the Registrar of Industrial and Provident Societies has authorised me to exercise the powers specified in subsection (1) of section 13A of the Industrial and Provident Societies Act 1908 in relation to the society or societies named in the Schedule and for all or any of the purposes specified in that subsection.

  • 2 That I will not, except in accordance with section 13A(3) of that Act or for the purposes of that Act or in the course of any criminal proceedings, make a record of or divulge or communicate to any other person any information that I acquire by an inspection under subsection (1) of the said section 13A.

Schedule

 

 

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957.

Declared at [place, date] before me—

Signature:

(a solicitor of the High Court of New Zealand, a Justice of the Peace, a Registrar or Deputy Registrar of the High Court or of a District Court, or any other person authorised by law to take statutory declarations)

T J Sherrard,
Clerk of the Executive Council.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 December 1952.


Notes
1 General
  • This is a reprint of the Industrial and Provident Societies Regulations 1952 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, will have the status of an official version once issued by the Chief Parliamentary Counsel under section 17(1) of that Act.

3 Editorial and format changes
4 Amendments incorporated in this reprint
  • Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 8

    Industrial and Provident Societies Regulations 1952, Amendment No 5 (SR 1996/40)

    Industrial and Provident Societies Regulations 1952, Amendment No 4 (SR 1981/371)

    Industrial and Provident Societies Regulations 1952, Amendment No 3 (SR 1976/238)

    Industrial and Provident Societies Regulations 1952, Amendment No 2 (SR 1967/266)

    Industrial and Provident Societies Regulations 1952, Amendment No 1 (SR 1957/257)