Hunter Gift Regulations 1955

Reprint
as at 9 April 1981

Coat of Arms of New Zealand

Hunter Gift Regulations 1955

(SR 1955/106)

C W M Norrie, Governor-General

Order in Council

At the Government House at Wellington this 20th day of July 1955

Present:
His Excellency the Governor-General in Council


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.

These regulations are administered by Land Information New Zealand.


Pursuant to the Hunter Gift for the Settlement of Discharged Soldiers Act 1921, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

Part 1
Preliminary

1
  • These regulations may be cited as the Hunter Gift Regulations 1955.

2
  • In these regulations, unless the context otherwise requires,—

    Board means the Hunter Soldiers Assistance Trust Board established under the Act

    grant means a grant made under Part 4

    loan means a loan made under Part 4

    Minister means the Minister of Lands

    orphan means a child under the age of 16 years, being a child or stepchild of a deceased discharged soldier or of a discharged soldier who is a patient within the meaning of the Mental Health Act 1911.

Part 2
Administration

3
  • (1) The Board shall meet at the office of the Commissioner of Crown Lands, Napier, or at such other place as the Board from time to time determines.

    (2) Special meetings of the Board may be called at any time by the Chairman of the Board.

    (3) Subject to the provisions of the Act and of these regulations, the Board may regulate its own procedure.

4
  • The Chairman of the Board shall forthwith cause the Minister to be notified of every vacancy in the membership of the Board as it occurs.

5
  • (1) An officer of the Department of Lands and Survey may, with the Minister's approval, be appointed as Secretary to the Board.

    (2) It shall be the duty of the Secretary to take charge of the minute book and all records and papers of the Board and to do such things as are necessary for the proper carrying out of the functions, powers, and duties of the Board.

6
  • All transfers, deeds, releases, or other documents, the execution of which is required for the carrying out of the purposes of the Act, shall be executed by the Commissioner of Crown Lands for the Hawke's Bay Land District for and on behalf of the Board.

Part 3
Advances and loans

7
  • Any mortgage or other instrument for securing any advance to a discharged soldier or loan to an orphan made under section 8 of the Act shall be in such form and shall contain such conditions, agreements, covenants, and stipulations as the Board thinks fit.

8
  • An advance made to a discharged soldier for any of the purposes set out in section 8 of the Act shall not exceed the sum of $2,000:

    provided that in special cases, when in the opinion of the Board that amount is insufficient, the Board may advance up to but not exceeding $4,000.

    Regulation 8: amended, on 9 April 1981, by regulation 2(a) of the Hunter Gift Regulations 1955, Amendment No 1 (SR 1981/76).

    Regulation 8: amended, on 9 April 1981, by regulation 2(b) of the Hunter Gift Regulations 1955, Amendment No 1 (SR 1981/76).

9
  • The rate of interest to be charged in respect of advances and loans shall be as fixed from time to time by the Minister of Finance.

Part 4
Grants or loans to orphan children

10
  • The Board may in its discretion make such grants or loans for the benefit of orphans as it thinks fit. Before making any grant or loan the Board shall make such enquiries concerning the orphan as it thinks necessary:

    provided that, for the purpose of assisting in the education or advancement of any person who, had he been under the age of 16 years, would be an orphan within the meaning of these regulations, the Board may in its discretion, as if he had not attained that age, make grants or loans to or for the benefit of that person for such period or periods as it thinks fit expiring not later than the end of the year in which he attains the age of 18 years.

11
  • A grant shall not exceed the sum of $200.

    Regulation 11: amended, on 9 April 1981, by regulation 3 of the Hunter Gift Regulations 1955, Amendment No 1 (SR 1981/76).

12
  • A loan shall not exceed the sum of $800.

    Regulation 12: amended, on 9 April 1981, by regulation 4 of the Hunter Gift Regulations 1955, Amendment No 1 (SR 1981/76).

13
  • Any grant or loan may be paid to the mother, guardian, legal representative, or nearest relative of the orphan or to any other person or body of persons (whether corporate or unincorporate) as the Board thinks fit, to be used solely for the benefit of the orphan, or it may be expended by the Board for the benefit of the orphan.

14
  • A loan shall be granted for a period not exceeding 10 years, and shall be secured by mortgage bearing interest at the rate fixed under regulation 9. Any such mortgage may be renewed for any further term not exceeding 10 years if, in the opinion of the Board, circumstances warrant the renewal.

15
  • A loan may be secured by way of mortgage on an estate in fee simple or any lease or licence under the Land Act 1948 or any former Land Act owned or held by the mother, guardian, legal representative, or nearest relative of the orphan to whom the loan is granted.

16
  • A loan shall be granted solely for the use and benefit of the orphan, and a statement to that effect shall be inserted in the mortgage securing the loan.

17
  • [Revoked]

    Regulation 17: revoked, on 9 April 1981, by regulation 5 of the Hunter Gift Regulations 1955, Amendment No 1 (SR 1981/76).

18
  • Any loan may be secured either by way of flat mortgage or instalment mortgage, as the Board thinks fit.

Part 5
General

19
  • In the event of any mortgagor being unable at any time by reason of any natural disaster or other sufficient cause to pay the interest due under his mortgage, the Board, on being satisfied that it would be reasonable and equitable to afford relief, may remit the whole or any part of the interest payable in respect of any period or periods not exceeding 5 years in the aggregate, or may postpone until such date or dates as the Board determines the payment of interest in respect of any period or periods, not exceeding 5 years in the aggregate.

20
  • An instrument by way of security (within the meaning of the Chattels Transfer Act 1924) over the following classes of chattels may be accepted as collateral security in respect of any loan granted under the Act, in addition to the mortgage required to be given, namely, sheep, cattle, horses, pigs, poultry, and any other chattels within the meaning of the Chattels Transfer Act 1924, not being chattels that may be the subject of a hire purchase agreement under that Act.

21
  • The regulations specified in the Schedule are hereby revoked.


Schedule
Regulations revoked

Hunter Gift Regulations 1928 (Gazette, 19 July 1928, page 2230)
Hunter Gift Regulations 1928, Amendment No 1 (Gazette, 13 November 1952, page 1841)
Regulations made by Order in Council dated 11 May 1932 amending the Hunter Gift Regulations (Gazette, 19 May 1932, page 1293)
Regulations made by Order in Council dated 3 July 1935 amending the Hunter Gift Regulations 1928 (Gazette, 11 July 1935, page 1857)

T J Sherrard,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 July 1955.


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 Hunter Gift Regulations 1955. The reprint incorporates all the amendments to the regulations as at 9 April 1981, 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)
  • Hunter Gift Regulations 1955, Amendment No 1 (SR 1981/76)