This Act may be cited as the Riccarton Bush Act 1914.

There shall be a Board incorporated under the name of The Riccarton Bush Trustees (hereinafter referred to as the Board) composed of 9 members, which shall be a body corporate with perpetual succession and a common seal.

(1) A member of the Board appointed under section 5(2)(a) of the Riccarton Bush Amendment Act 1947 who is not an elected member of the council or a community board (as defined in section 5 of the Local Government Act 2002) holds office for 3 years.

(2) A member of the Board appointed under section 5(2)(a) of the Riccarton Bush Amendment Act 1947 who is an elected member of the council or a community board (as defined in section 5 of the Local Government Act 2002) holds office for the shorter of the following periods:

• (a) 3 years:

• (b) the period during which he or she is an elected member of the council or community board.

(3) A member of the Board appointed under section 5(2)(b) of the Riccarton Bush Amendment Act 1947 holds office for the shorter of the following periods:

• (a) 3 years:

• (b) the period during which he or she is an elected member of the community board.

(4) A member of the Board appointed under section 5(3) or (4) of the Riccarton Bush Amendment Act 1947 holds office for 5 years.

(5) A member of the Board appointed under section 5(5) of the Riccarton Bush Amendment Act 1947 holds office for the period that the Board specifies when it appoints the member.

(6) The terms of office of members of the Board stated in this section are subject to the provisions in section 4A(2) and (3) stating when members of the Board vacate office.

(1) A member of the Board comes into office on the date of his or her appointment.

(2) A member of the Board vacates office,—

• (a) in the case of a member of the Board appointed under section 5(2)(a) of the Riccarton Bush Amendment Act 1947 who is not an elected member of the council or a community board (as defined in section 5 of the Local Government Act 2002), when his or her successor is appointed:

• (b) in the case of a member of the Board appointed under section 5(2)(a) of the Riccarton Bush Amendment Act 1947 who is an elected member of the council or a community board (as defined in section 5 of the Local Government Act 2002), on the earlier of the following events:

  • (i) his or her successor is appointed:

  • (ii) he or she ceases to be an elected member of the council or community board:

• (c) in the case of a member of the Board appointed under section 5(2)(b) of the Riccarton Bush Amendment Act 1947, on the earlier of the following events:

  • (i) his or her successor is appointed:

  • (ii) he or she ceases to be an elected member of the community board:

• (d) in the case of a member of the Board appointed under any of section 5(3) to (5) of the Riccarton Bush Amendment Act 1947, when his or her successor is appointed.

(3) A member of the Board may vacate his or her office at any time before the time provided in subsection (2).

The seat of a member of the Board shall become vacant in any of the following events, that is to say:

• (a) if he dies or becomes bankrupt, lunatic, or of unsound mind, or incapable of acting:

• (b) if he resigns by notice in writing to the Board:

• (c) if he is absent from the Dominion for 12 months.

(1) It shall be the duty of the Board, as soon as conveniently may be after a member's seat has become vacant or his term of office has expired, to give notice in that behalf to the person or persons or body in whom for the time being is vested the power to appoint his successor requiring such person or persons or body to nominate such successor, and to notify the Board of such nomination; and if such person or persons or body, as the case may be, fail to nominate such successor and notify the Board thereof within 3 months after the receipt by him, them, or it of such notice as aforesaid, the Governor may appoint such successor, and any appointment so made by the Governor shall be deemed to have been made by the person or persons or body so failing or neglecting to nominate as aforesaid.

(2) Any person becoming entitled to participate in the nomination of a member of the Board by the members of the family of the said John Deans shall as soon as possible notify the Board thereof and of his name and address.

(3) It shall be sufficient if the notice to be given by the Board under subsection (1) to the persons for the time being entitled to participate in the nomination of a member of the Board by the members of the family of the said John Deans be given by registered letter addressed to such of them as shall be known to the Board to be so entitled at their last known places of abode.

Immediately after the passing of this Act the City Council of Christchurch shall at its next ordinary meeting nominate by resolution of the members present thereat 2 persons to be members of the Board. A like nomination of 2 members of the Board shall be made by the members of the family of the said John Deans as hereinafter provided, and shall be delivered to the City Council of Christchurch, and a similar nomination of 1 member of the Board shall be made by the Philosophical Institute of Canterbury by resolution, and such nomination shall be forwarded to the City Council of Christchurch. The several persons so nominated shall be the first members of the Board.

Within 1 month after the receipt of the last of such nominations as aforesaid, a first meeting of the Board shall be called by the Town Clerk for the time being of Christchurch by a notice under his hand addressed and posted to each of the first said members of the Board at his last known or usual place of abode or business.

(1) The first nomination of members of the Board by the members of the family of the said John Deans shall be made by such of the children of the said John Deans as have attained the age of 21 years and are for the time being in New Zealand.

(2) Every subsequent nomination of members of the Board by the members of the family of the said John Deans shall be made by such of the children of the said John Deans as are then living and have attained the age of 21 years and are for the time being in New Zealand, and the person or persons to whom the right to participate in such nomination shall have descended under the provisions next hereinafter contained.

(3) After the death of any one of the children of the said John Deans the right to participate in the nomination of a member or members of the Board shall descend to the heirs of such child as if such right were an incorporeal hereditament inalienable either inter vivos or by will and according to the rules governing the descent of an estate in fee-simple in land under the law of England as existing at the date of the passing of this Act.

(4) In any case in which the right to participate in such nomination would, under the said rules, descend to 2 or more persons as coparceners, it shall descend to the eldest of such persons only, and for the purposes of the subsequent descent of such right such last-mentioned person shall he deemed to be the root of descent.

(5) If the right to participate in such nomination shall be at any time vested in one and the same person by descent from more than 1 of the children of the said John Deans, such person shall not by reason thereof be entitled to more than 1 vote, but shall be entitled to 1 vote only.

(6) The right to participate in such nomination shall not be exercisable whilst the person to whom the same shall have so descended shall be under the age of 21 years, nor whilst such person shall be absent from New Zealand.

(7) A nomination by the members of the family of the said John Deans shall be made by writing or writings under the hands of the persons for the time being entitled to participate therein, and shall be effective if a majority of the persons exercising, within due time, the right to participate in such nomination concur in nominating one and the same person as a member of the Board.

(1) At such first meeting of the Board as aforesaid, and as often as the office of Chairman becomes vacant, the members of the Board shall elect 1 of their number to be Chairman, who shall hold office until he ceases to be a member of the Board or some other member is appointed Chairman in his place.

(2) The Chairman shall preside at each meeting of the Board at which he is present, but in his absence from any meeting the members present shall elect a member to act as chairman at such meeting.

(3) The Chairman shall have a casting-vote as well as a deliberative vote.

(4) At every meeting of the Board 5 members shall form a quorum, and no business shall be transacted at any meeting unless a quorum is present thereat.

(5) Subject to the provisions of this Act, the Board may regulate its own proceedings.

The functions of the Board are to—

• (a) appoint a chief executive officer:

• (b) reappoint or replace a chief executive officer:

• (c) specify the functions of the chief executive officer:

• (d) establish broad lines of policy consistent with this Act (and amendments) for the guidance of the chief executive officer:

• (e) ensure that the Board's assets are maintained in good order and condition:

• (f) ensure that the Riccarton Bush is run effectively and efficiently.

(1) The Board may appoint 1 or more committees to advise it on any of its functions. The Board may also discharge a committee or alter a committee's membership.

(2) The Board may carry out an action described in subsection (1) from time to time but must do so by resolution.

(3) A person may be appointed to be a member of a committee despite not being a member of the Board.

(4) A committee may regulate its own procedure, except that it must comply with directions that the Board gives it.

(5) The quorum at a meeting of a committee is 2 members.

(1) The Board may delegate any of its functions or powers, except—

• (a) the power of delegation in this section:

• (b) the functions in section 10A:

• (c) the powers in section 10B:

• (d) the functions in sections 23 and 26:

• (e) the power in section 28(2):

• (f) the functions in sections 66 and 67 and Schedule 8 of the Local Government Act 2002 (which are applied to the Board by section 24 of this Act):

• (g) the powers in section 10A of the Riccarton Bush Amendment Act 1947.

(2) The Board may delegate a function or power from time to time, and either generally or specifically, but must do so by resolution.

(3) The Board may delegate a function or power only to—

• (a) the chief executive officer appointed under section 10A; or

• (b) a committee appointed under section 10B.

(4) The chief executive officer or a committee to which a delegation is made may perform the function or exercise the power in the same manner and with the same effect as if the function or power had been conferred by this section and not by delegation, except that the performance or exercise is subject to general or special directions that the Board gives or conditions that the Board imposes.

(5) A chief executive officer or committee purporting to act in accordance with a delegation is presumed to be doing so in the absence of proof to the contrary.

(6) A delegation does not prevent the Board from performing the delegated function or exercising the delegated power.

(7) A delegation is revocable at will.

(8) A delegation continues in force according to its tenor until it is revoked.

The fixing of the common seal of the Board to a document is valid only if—

• (a) the Board has made a resolution to do so; and

• (b) 2 members of the Board are present when the seal is fixed.

The said land shall hereafter be called The Riccarton Bush.

(1) This section applies to the Riccarton Bush, Riccarton House and the grounds around it, and Deans Cottage and the grounds around it (Riccarton property).

(2) Members of the public may enter the Riccarton property at the times the Board allows and without paying a fee.

(3) Members of the public who have entered the Riccarton property must—

• (a) comply with restrictions or conditions that the Board imposes; and

• (b) pay fees that the Board sets for matters other than entry.

(1) The Board shall have full power and authority to receive, pay, apply, and dispose of all such moneys as shall be granted to the said Riccarton Bush or the Board by way of voluntary contribution or otherwise, and to enter into all such contracts and do all such other acts, deeds, matters, and things as may be requisite or proper to be done in the purchasing or otherwise acquiring of plants, seeds, roots, shrubs, implements, materials, and in the erecting of suitable lodges, fences, summer-houses, caretakers' cottages, and other buildings, and in using and maintaining the said Riccarton Bush for the preservation and cultivation of trees and plants, or to the Board may appear necessary for effecting and properly carrying out the purposes of this Act and the said Riccarton Bush, but so nevertheless that the same may be in accordance with this Act.

(2) The Board shall have full power to direct and order at what times and in what manner and under what restrictions and conditions the public shall be admitted to the said Riccarton Bush.

(3) The Board may from time to time by resolution make such by-laws as it thinks fit for all or any of the following purposes:

• (a) for regulating the times at which, the manner in which, and the restrictions and conditions under which the public shall be admitted to the said Riccarton Bush.

• (aa) for regulating the management, preservation, and use of the said bush or any part thereof, and the preservation of plants and animals therein.

• (b) for the safety and preservation of the Riccarton Bush and the property of the Board.

• (c) for repressing such impropriety in the conduct of visitors as may tend to immorality, injury, breach of the peace, or the discomfort of other visitors.

• (cc) for the exclusion of dogs or other animals from the said bush or any part thereof, and the preservation of plants and animals therein.

• (ccc) for the prevention of any nuisance.

• (d) to constitute it an offence under such by-laws for any person to do any of the following things upon or within the boundaries of the said Riccarton Bush, that is to say:

  • (i) light any fire; or

  • (ii) wilfully break or injure any fence, building, or erection; or

  • (iii) wilfully break, cut, injure, or remove any or any part of any wood, tree, shrub, fern, plant, furniture, utensil, tool, or thing of any kind; or

  • (iv) dig, cut, or injure the sod or the soil; or

  • (v) shoot at any bird or animal with any gun or other instrument; or

  • (vi) wilfully take, destroy, or injure any bird or animal, or the nest or egg of any bird.

• (e) for the more regular and efficient government of the said Riccarton Bush.

• (f) to repeal or alter any by-law:

provided always that by-laws made by the Board shall not come into operation until the same shall have been submitted to and approved by the Governor and have been gazetted.

(4) The powers of the Board are not affected by a vacancy in its membership.

The publication in the Gazette of any by-laws purporting to be made by the Board under this Act and to be approved by the Governor shall, until the contrary is shown, be sufficient evidence that the same have been duly made and approved in accordance with this Act.

In every case where under by-laws made under paragraph (d) of subsection (3) of section 15 wilful intent must be shown, such intent shall be presumed until the contrary is shown.

If within the said Riccarton Bush any person is found in possession of any or any part of any wood, tree, shrub, fern, or plant, and upon being thereunto required by any Ranger of the Board or constable fails or refuses to give a satisfactory account of the manner in which he became possessed of the same, he shall be deemed to have wilfully removed the same from the said Riccarton Bush within the meaning of paragraph (d) of subsection (3) of section 15.

Every person who commits any breach of any by-law under this Act is liable on conviction to a penalty not exceeding $1,000, and shall also be liable to pay the amount of any damage done by such person, which penalty and damage may be recovered in accordance with Part 3 of the Summary Proceedings Act 1957.

In sections 22 to 27,—

(1) A financial plan must—

• (a) cover a period of at least 10 consecutive financial years; and

• (b) set out the Board's proposed annual operating budget (including revenue and expenditure) for each of the first 3 years of the 10-year period that it covers; and

• (c) set out the Board's proposed annual capital expenditure budget for each of the 10 years of the 10-year period that it covers; and

• (d) provide for integrated decision-making and the co-ordination of the Board's resources; and

• (e) contribute to the accountability of the Board and the council to the community; and

• (f) contribute to the council’s ability to comply with its planning obligations.

(2) A financial plan must—

• (a) be prepared in accordance with generally accepted accounting practice, as defined in section 8 of the Financial Reporting Act 2013; and

• (b) contain information that the council reasonably considers to be appropriate; and

• (c) be in the form that the council reasonably considers to be appropriate.

(1) The Board must adopt a draft financial plan in the year immediately before the commencement of the first financial year that the plan covers.

(2) The Board must deliver the draft financial plan to the council before—

• (a) 1 November in the year immediately before the commencement of the first financial year that the plan covers; or

• (b) another date that the council reasonably determines.

(3) The council may approve the draft financial plan.

(4) If the council does not approve the draft financial plan—

• (a) the council must provide its reasons for not doing so to the Board; and

• (b) the Board must, within 90 days after receiving those reasons, deliver a revised draft financial plan to the council.

(5) If the council approves the draft financial plan or revised draft financial plan (as the case may be), the plan—

• (a) becomes the final plan; and

• (b) comes into force on 1 July of the first financial year that it covers and continues in force until the end of the third consecutive financial year that it covers.

(6) A final financial plan—

• (a) is a statement by the Board of its intentions about the matters covered by the plan; and

• (b) is not a decision by the Board to act on any specific matter covered by the plan; and

• (c) does not entitle any person to require the Board to implement the plan.

(7) The Board and the council may agree to amend the financial plan at any time.

(8) The first financial plan must be prepared for the financial year commencing on 1 July 2015.

Sections 65, 66, and 67 and Schedule 8 of the Local Government Act 2002 apply to the Board and the council as if—

• (a) references to the shareholders or any of the shareholders were references to the council:

• (b) the reference in clause 1(c) of Schedule 8 to directors were a reference to Board members.

A management plan must—

• (a) ensure the protection and conservation of the flora and fauna in the Riccarton Bush; and

• (b) ensure the protection and conservation of Riccarton House and the grounds around it and Deans Cottage and the grounds around it; and

• (c) ensure appropriate use, enjoyment, and development of the Riccarton property; and

• (d) comply with the trusts specified in section 2 of the Riccarton Bush Amendment Act 1947.

(1) The Board must prepare a draft management plan.

(2) The Board must provide a copy of the draft management plan to—

• (a) the council; and

• (b) the Royal Society of New Zealand Canterbury Branch Incorporated; and

• (c) Heritage New Zealand Pouhere Taonga.

(3) The Board must make the draft management plan available for inspection free of charge during ordinary office hours at the Board's office.

(4) The Board must place a public notice in a newspaper circulating in the area in which the Riccarton property is situated—

• (a) stating that the draft management plan is available for inspection free of charge during ordinary office hours at the Board's office; and

• (b) inviting submissions on the draft management plan before a specified date.

(5) The Board must place the notice at least twice on different days.

(6) The Board must give every person who makes a submission and who indicates a wish to be heard in support of his, her, or its submission a reasonable opportunity of appearing before the Board in support of the submission.

(7) The Board must adopt a management plan within 5 years after the commencement of the Riccarton Bush Amendment Act 2012.

(8) The Board must keep the management plan under continuous review and amend it to meet changed circumstances or to reflect increased knowledge.

(9) The Board must comply with subsections (2) to (6) if it proposes to make material amendments to the management plan.

The Board must comply with the management plan when performing its functions or exercising its powers.

(1) The land described in Schedule 2 vests in the Board on the date of commencement of the Riccarton Bush Amendment Act 2012.

(2) The Board may acquire any other land or interest in land on the terms that the Board thinks fit.

(3) In relation to land or an interest acquired under subsection (2), the Board—

• (a) must hold it on the same trusts as the Board holds the Riccarton Bush; and

• (b) must administer it in accordance with this Act (and amendments) as if it were part of the Riccarton Bush; and

• (c) may use it for the planting, cultivation, and conservation of trees, shrubs, and plants whether indigenous to New Zealand or not.

(4) Any reference in this Act (or amendments) to “Riccarton Bush” includes land vested in, or acquired by, the Board under this section, unless it is inconsistent with the context to read the reference in this way.