Mutual Insurance Regulations 1956

Reprint
as at 10 May 2011

Coat of Arms of New Zealand

Mutual Insurance Regulations 1956

(SR 1956/69)

H E Barrowclough, Administrator of the Government

Order in Council

At the Government House at Wellington this 22nd day of May 1956

Present:
His Excellency the Administrator of the Government 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 the Ministry of Economic Development.


Pursuant to the Mutual Insurance Act 1955, His Excellency the Administrator of the Government, 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 Mutual Insurance Regulations 1956.

    (2) These regulations shall come into force on the day after the date of their notification in the Gazette.

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

    association means one of the associations named in Schedule 1.

    Except as provided in this regulation, expressions defined in the Act have the meanings so defined.

3
  • (1) Subject to the provisions of these regulations, any association may, if authorised so to do by a resolution passed at a special meeting of its members, grant to its members insurances of all or any of the kinds specified in Schedule 2.

    (2) Where such a resolution relates to some only of the said kinds of insurances, another such resolution relating to others or another of the said kinds of insurances may be passed subsequently.

    (3) Any such resolution may from time to time be varied or revoked by a resolution passed at a later meeting of members of the association:

    provided that a resolution purporting to extend the powers of the association shall not be valid unless it is passed at a special meeting of members.

    (4) The secretary of each association shall cause a copy of every resolution of members of the association passed under this regulation, including any resolution varying or revoking a previous resolution so passed, to be filed with the Registrar and another copy to be deposited in the office of Public Trust. Every copy intended to be so filed or deposited shall be certified as correct by the secretary of the association.

    (5) Any such resolution which purports to extend the powers of an association shall have no effect until copies thereof have been filed and deposited as provided in this regulation.

    Regulation 3(4): amended, on 1 March 2002, by section 170(4) of the Public Trust Act 2001 (2001 No 100).

4
  • (1) An association shall not grant policies or contracts of insurance of any of the kinds specified in Schedule 2 unless—

    • (a) the association has made an arrangement in pursuance of section 25 of the Act for the reinsurance of risks under policies or contracts of insurance of that kind, and the arrangement has been approved by Public Trust and is for the time being in full force; or

    • (b) Public Trust has agreed that there need be no such arrangement.

    (2) The association shall not vary or cancel any such arrangement without the approval of Public Trust.

    (3) If any insurance cover is granted in contravention of the provisions of this regulation, the policy or contract of insurance shall be binding on the association, but for the purposes of section 40 of the Act the policy or contract shall be deemed to be an insurance cover which the association is not for the time being authorised to grant.

    Regulation 4(1)(a): amended, on 1 March 2002, by section 170(4) of the Public Trust Act 2001 (2001 No 100).

    Regulation 4(1)(b): amended, on 1 March 2002, by section 170(4) of the Public Trust Act 2001 (2001 No 100).

    Regulation 4(2): amended, on 1 March 2002, by section 170(4) of the Public Trust Act 2001 (2001 No 100).

5
  • (1) The regulations specified in Schedule 3 are hereby revoked.

    (2) Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the revocation of any provision by these regulations shall not affect any document made or any thing whatsoever done under the provision so revoked, and every such document or thing, so far as it is subsisting or in force at the time of the revocation and could have been made or done under these regulations, shall continue and have effect as if it had been made or done under the corresponding provision of these regulations and as if that provision had been in force when the document was made or the thing was done.


Schedule 1
Associations to which these regulations apply

  • Schedule 1: replaced, on 3 December 1958, by regulation 2 of the Mutual Insurance Regulations 1956, Amendment No 1 (SR 1958/171).

The Taranaki Farmers' Mutual Fire Insurance Association

Farmers' Mutual Insurance Association

  • Schedule 1: amended, on 5 August 1964, by regulation 2 of the Mutual Insurance Regulations 1956, Amendment No 2 (SR 1964/116).

Schedule 2
Additional kinds of insurance which associations may grant

r 3

Employers' liability insurance

Personal accident insurance

House owner's and householder's comprehensive insurance

Public liability insurance

Comprehensive insurance in respect of farm tractors, farm implements, and farm machinery

Marine insurance (in respect of property while it is within New Zealand and New Zealand territorial waters)

Plate glass insurance

Storm, tempest, and flood insurance in respect of farm buildings

Insurance against loss of profits as a result of fire, lightning, or explosion

Fidelity guarantee insurance

Baggage insurance

All risks insurance in respect of chattels

Burglary and housebreaking insurance

Livestock mortality insurance

Theft insurance

Boiler and pressure vessel explosion insurance

Machinery breakdown insurance

Comprehensive and other insurance in respect of motor vehicles or loss or liability arising form the use thereof

  • Schedule 2: amended, on 10 May 2011, by section 100(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

  • Schedule 2: amended, on 5 August 1964, by regulation 3 of the Mutual Insurance Regulations 1956, Amendment No 2 (SR 1964/116).

  • Schedule 2: amended, on 3 December 1958, by regulation 3 of the Mutual Insurance Regulations 1956, Amendment No 1 (SR 1958/171).

Schedule 3
Regulations revoked

r 5

Regulations extending powers of associations under the Mutual Fire Insurance Amendment Act 1913, made on 25 March 1915 and published in the Gazette on 1 April 1915 at page 1022

The Mutual Insurance (Personal Accident) Regulations 1950 (SR 1950/176)

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: 24 May 1956.


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 Mutual Insurance Regulations 1956. The reprint incorporates all the amendments to the regulations as at 10 May 2011, 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)
  • Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13): section 100(3)

    Public Trust Act 2001 (2001 No 100): section 170(4)

    Mutual Insurance Regulations 1956, Amendment No 2 (SR 1964/116)

    Mutual Insurance Regulations 1956, Amendment No 1 (SR 1958/171)