An Act to amend the Auckland City and Auckland Museum Empowering Act, 1924, and to empower the Auckland City Council and certain Adjacent Local Bodies to contribute towards the Maintenance and Support of the Auckland Institute and War Memorial Museum.

Preamble.

WHEREAS the Auckland Institute and Museum Trust Board, a society duly incorporated under the provisions of the Religious, Charitable, and Educational Trusts Act, 1908 (hereinafter called “the Board”), has established a Museum in the City of Auckland, and such Museum is vested in the Board, together with certain funds and investments arising from private subscriptions and bequests and otherwise: And whereas in terms of the provisions of the Auckland Institute and Museum Site Empowering Act, 1918, a lease of a portion of the Auckland Domain has been granted by the Auckland City Council to the Board as a site (hereinafter referred to as the “Domain site”) for a Public Museum and Institute, upon which has been erected a Museum and Institute building in substitution for the Museum and Institute building controlled by the Board and now inadequate to meet the growth and prosperity of the City of Auckland: And whereas it is provided, inter alia, by such Act that so long as the Domain site is occupied by the Board the Mayor of the City of Auckland (ex officio) and two members of the Auckland City Council annually appointed by such Council shall be members of the Council of the said Institute and Museum: And whereas the citizens of Auckland some time since decided to raise a fund for the purpose of erecting a suitable memorial in memory of those who served and fell in the Great War: And whereas it was agreed that the form of such memorial should be the erection of a Museum on the Domain site: And whereas such fund has by voluntary contributions from citizens and public institutions reached an amount of £200,000: And whereas a design for such war memorial has been approved, and the erection thereof has been proceeded with at an estimated cost of £200,000: And whereas the annual revenue derived by the Board from its invested funds and other sources is insufficient to maintain such Institute and Museum in the state of efficiency commensurate with the anticipated growth and prosperity of the City of Auckland, and it is advisable that the future maintenance of the Institute and Museum should have the financial support of the local bodies in and around the City of Auckland, and that further provision should be made for the representation of the said local bodies on the Council of the said Institute and Museum:

Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title.

This Act may be cited as the Auckland War Memorial Museum Maintenance Act, 1928.

2 Repeal.

Sections fifteen to nineteen inclusive of the Auckland City and Auckland Museum Empowering Act, 1924, are hereby repealed.

3 Contributors to maintenance fund.

The local bodies whose names are set forth in the Schedule hereto shall contribute annually towards the efficient maintenance and support of the Auckland War Memorial Museum the sum of five thousand seven hundred pounds.

4 Proportions to be paid by local bodies.

The proportion of such sum of five thousand seven hundred pounds payable by each local body shall be that proportion which the population of the district of such local body bears to the total population of the districts of all the local bodies as such populations are determined by the Government Statistician on the twenty-eighth day of February of each year.

5 Time of payment and manner of raising money.

The secretary to the Institute and Museum shall notify each local body during the month of March in each year of the amount payable by it in accordance with the provisions of the preceding section, and such amount shall be due and payable by each local body on the thirtieth day of June next following, and may at the option of the local body be paid out of its general funds or out of the proceeds of the rate provided for in the next succeeding section.

6 Rate may be levied

In addition to any other rate which it is authorized to make, each local body may from time to time make and levy a rate in its district, to be known as the War Memorial Museum rate, for the purpose of providing the contribution payable to the Institute and Museum in terms of the provisions hereof; and all the provisions of the Rating Act, 1925, and its amendments shall apply to such rate.

7 Representation of Auckland City Council on controlling authority.

If and so long as the Auckland City Council shall contribute to the Institute and Museum the amount payable by it in accordance with the provisions of this Act the Mayor of Auckland and three members of the Auckland City Council appointed annually by the said City Council shall be members of the executive council or body controlling the affairs of the Institute and Museum:

Provided that the right to representation on the executive council or body controlling the affairs of the Institute and Museum conferred by this section shall be independent of that conferred by section six of the Auckland Institute and Museum Site Empowering Act, 1918, but while both rights to representation exist the City Council shall not be entitled thereunder to appoint more than three of its Councillors (in addition to the Mayor) as members of such executive council or controlling body.

8 Representation of local bodies on controlling authority.

If and so long as the said local bodies (exclusive of the Auckland City Council) shall contribute to the Institute and Museum the respective amounts payable by them in accordance with the provisions of this Act the members of such local bodies shall be entitled to elect to the executive council or body controlling the affairs of the Institute and Museum three representatives from the members of such local bodies.

9 Election of representatives of local bodies and manner of conducting poll.

(1)

Nominations for such representatives shall be lodged with the secretary to the Institute and Museum not later than the fourteenth day of April in each year, and each local body (exclusive of the Auckland City Council) may nominate one representative.

(2)

Each member of such local bodies shall have one vote, and the election shall be under the control of the secretary to the Institute and Museum, who shall act as returning officer; and such election shall be held on a day to be appointed by the Institute and Museum, being not later than the twenty-eighth day of April; and not less than four weeks’ notice of the day fixed for such election shall be forwarded by the secretary to the Institute and Museum to each of the said local bodies.

(3)

The three candidates who receive the greatest number of votes at such election shall be deemed to be the representatives of such local bodies for the ensuing year.

10 Audit Office to be the Auditor of the Board.

(1)

The Audit Office shall be the Auditor of the Board, and shall have the same duties and powers in respect of the moneys and accounts of the Board and of every person dealing therewith as if the Board were a local authority within the meaning of section one hundred and twenty-four of the Public Revenues Act, 1926.

Accounts to be submitted to the Audit Office.

(2)

Within twenty-eight days after the close of each financial year ending on the thirty-first day of March the Board shall cause to be prepared and submitted to the Audit Office for audit a balance-sheet and income and expenditure account showing fully the financial position of the Board at the close of the year.

Schedule

The City of Auckland.

The Boroughs of Birkenhead, Devonport, Mount Albert, Mount Eden, Newmarket, Northcote, Onehunga, Otahuhu, and Takapuna.

The Road Districts of Mount Roskill, Mount Wellington, One Tree Hill, and Panmure Township.

The Town Districts of Ellerslie, Glen Eden, Henderson, Howick, Manurewa, New Lynn, Papakura, Papatoetoe, and Helensville.

The Counties of Manukau and Waitemata.

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Auckland War Memorial Museum Maintenance Act 1928