This Act may be cited as the Masterton Trust Lands Act 1966.

In this Act, unless the context otherwise requires,—

There is hereby established for the purposes of this Act a board of trustees, to be called “the Masterton Trust Lands Trust”, which shall be a body corporate, with perpetual succession and a common seal, and shall, for the purposes and subject to the provisions of this Act, be capable of purchasing or otherwise acquiring, holding, disposing of, and alienating real and personal property, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

The body corporate constituted under the name “the Masterton Trust Lands Trustees” by the Masterton Trust Lands Act 1950, as subsisting at the coming into force of this Act, shall be the same body corporate as is constituted by this Act, and shall retain (subject to the provisions of this Act) its property and liabilities and powers, and all existing contracts and engagements of such body corporate shall be enforceable by and against it, and all acts of authority lawfully done by such body corporate pursuant to the Masterton Trust Lands Act 1950, or any amendment thereof, shall enure as if done pursuant to this Act; and all references to the Masterton Trust Lands Trustees in any Act, or in any Proclamation or Order in Council, or in any agreement, deed, instrument, will or other document (whether dated before or after the commencement of this Act), shall, unless such construction shall be inconsistent with the context or with the provisions of this Act, be deemed to be references to the body corporate constituted by this Act.

The Trust shall consist of eight members, who shall be elected in the manner hereinafter provided, and who (subject to the provisions of this Act) shall respectively hold office until retirement by rotation in the manner hereinafter provided.

Every member shall come into office on his election.

Except as otherwise provided in this Act, every member shall hold office for a term of six years, but (except as provided in section 10 of this Act) may from time to time be re-elected.

With respect to the election of members to be held under subsection (1) of section 9 of this Act in the year nineteen hundred and sixty-eight the following provisions shall apply:

Every member shall, unless he sooner vacates his office under section 11 of this Act, continue in office until his successor comes into office, notwithstanding that his term of office may have expired.

Every person immediately before the coming into operation of this Act holding office as a member of the body corporate constituted by the Masterton Trust Lands Act 1950 shall, unless he sooner vacates his office under section 11 of this Act, continue to hold office as a member of the body corporate constituted by this Act until he retires by rotation in the manner provided by section 6 of this Act.

Every person shall be an elector of the Trust district who is entitled by virtue of a residential qualification, being a qualification in respect of an address within the Trust district, to vote at any election of members of the local authority of any district of which the whole or part is situated within the Trust district.

Notwithstanding anything to the contrary in any other Act, where any person is enrolled or entitled to be enrolled on the roll of electors of any such local authority as aforesaid by virtue of another qualification, and that person would, but for that other qualification, be entitled by virtue of a residential qualification to be enrolled on that roll in respect of an address within the Trust district, it shall be the duty of the Clerk of the local authority to indicate on the roll the residential qualification of that person as well as that other qualification—

Every elector shall have one vote only at each election at which he is entitled to vote under this Act.

An election of four members shall be held on the second Saturday in October in the year nineteen hundred and sixty-eight.

Thereafter an election of four members shall be held on the day appointed under the Local Elections and Polls Act 1966 for the holding of successive triennial general elections of members of local authorities.

At every election held under this Act the Returning Officer for the Borough of Masterton shall be the Returning Officer for the Trust district.

The rolls of electors for the districts which are situated wholly or partly within the Trust district shall be the rolls of electors for elections under this Act.

It shall be the duty of the Clerk of the local authority of every district situated wholly or partly within the Trust district to indicate on the roll of electors for the district of that local authority, by appropriate words, abbreviations, or marks, the names of the persons entitled to vote at elections of members.

The poll at every election under this Act shall be conducted within the district of each such local authority as aforesaid by the Returning Officer for the local authority on behalf of the Returning Officer for the Trust district. After ascertaining the total number of votes recorded in his district for each candidate, the Returning Officer for the local authority shall forthwith send particulars of the numbers to the Returning Officer for the Trust district, who shall make up the total number of votes received by each candidate and declare the result of the poll.

The reasonable cost of any election that is not held simultaneously with the election of members of any such local authority, and the reasonable additional cost incurred by any such local authority in respect of any election under this Act that is held simultaneously with the election of members of the local authority (except in every case the expenses of scrutineers and other expenses incurred by or on behalf of candidates), shall be paid by the Trust. Any dispute arising as to the amount to be paid to any local authority under this subsection shall be determined by the Audit Office after such inquiry as it thinks fit, and the decision of the Audit Office in any such dispute shall be final.

Subject to the provisions of this Act, the provisions of the Local Elections and Polls Act 1966 shall apply to every election under this Act.

The following persons shall be incapable of being elected to be or of being members:

If any person does any act as a member, being incapacitated under subsection (1) of this section except paragraph (b) hereof, he commits an offence against this Act and shall, upon summary conviction, be liable to a fine not exceeding fifty pounds.

It shall be the duty of the Audit Office to institute proceedings for the recovery of any fine under this section, but nothing herein shall be so construed as to prevent those proceedings being taken by any other person.

All fines recovered under this section by the Audit Office shall be paid in to the Public Account to be credited to the Consolidated Revenue Account.

The office of a member shall become vacant, and the vacancy shall be deemed to be an extraordinary vacancy, if the member—

In the event of an extraordinary vacancy in the office of a member occurring not less than six months before the date on which such member is due to retire from office pursuant to section 6 of this Act, the Trust shall, by resolution, appoint a person qualified to be elected a member to fill the vacancy.

In the event of an extraordinary vacancy in the office of a member occurring less than six months before the date on which such member is due to retire from office pursuant to section 6 of this Act, the Trust may, by resolution, either appoint a person qualified to be elected a member to fill the vacancy, or determine that the vacancy shall not be filled.

In the event of an extraordinary vacancy in the office of a member occurring before the triennial election of members in the year nineteen hundred and sixty-eight and thereby reducing the number of members to eight, the vacancy shall not be filled notwithstanding that the vacancy may occur more than six months before that triennial election is due to take place.

Every person appointed by the Trust pursuant to this section shall for all purposes be deemed to have been elected to fill the vacancy.

Any member appointed to fill any extraordinary vacancy shall hold office only for the unexpired portion of the term of office of his predecessor.

Notwithstanding anything to the contrary in the Local Elections and Polls Act 1966, every resolution of the Trust under this section shall have effect according to its tenor.

Upon proof in the first instance, by affidavit or otherwise, that a member is, or has become, incapable trader this Act of holding his office, the Magistrate’s Court in the Trust district may grant a summons calling upon the person holding such office to show cause why he should not be adjudged to be ousted of the same.

If on the return of such summons it appears to the Court, on affidavit or oral evidence on oath, that such person is incapable under this Act of holding the said office, the Court may adjudge such person to be ousted of the same, and such person shall be ousted of such office accordingly.

In any such proceedings the Magistrate’s Court may exercise all the powers and authorities that it may exercise in its ordinary jurisdiction in civil cases; and the procedure of such Court shall, so far as applicable, apply generally to proceedings had under this section.

No matter in relation to a disputed election shall be heard by the Magistrate’s Court under this section.

No question that may be tried under this section shall be tried in the Supreme Court; and no proceedings in the Magistrate’s Court hereunder shall be removable into the Supreme Court by certiorari or otherwise.

At its first meeting after every triennial election of members the Trust shall elect one of its members to be the Chairman of the Trust.

During the election of a Chairman, the Secretary of the Trust shall preside at the meeting of the Trust. In any case of an equality of votes at any election of a Chairman the Secretary shall determine the election by lot in such manner as the Trust directs.

The Chairman shall come into his office on his election as Chairman and shall, unless he sooner vacates his office, hold office until the election of his successor, but may from time to time be re-elected.

The Chairman may resign his office by writing under his hand delivered to the Secretary of the Trust; and in such case or in the case of his ceasing from any cause to be a member of the Trust, his office shall become vacant, and the Secretary shall forthwith convene a meeting of the Trust for the election of another Chairman.

The member holding office as Chairman of the Trust immediately before this Act came into force shall, unless he sooner vacates his office, continue to hold office as Chairman of the Trust until the election of his successor, but he may be re-elected.

The Trust may from time to time appoint from among its members a Deputy Chairman, who shall act as Chairman of the Trust during the temporary absence or incapacity of the Chairman.

While so acting the Deputy Chairman may do all acts that the Chairman as such might do.

The fact that the Deputy Chairman exercises any power, duty, or function of the Chairman shall be sufficient evidence of his authority so to do; and no person shall be concerned to inquire whether any occasion has arisen requiring or authorising him so to do, or be affected by notice that no such occasion has arisen.

Meetings of the Trust shall be held at such times and places as the Trust determines.

At any meeting of the Trust four members shall form a quorum.

The Chairman of the Trust shall preside at all meetings of the Trust at which he is present.

At any meeting of the Trust the Chairman shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.

The power given by this Act to do anything by special order shall be exercised by the Trust only as follows:

Subject to the provisions of this Act, the Trust may from time to time make regulations for the conduct of business and keeping of minutes thereof, for regulating the management of the real and personal property of the Trust, and generally for giving effect to the provisions of this Act, and may from time to time add to, amend, and revoke such regulations or any of them, and may from time to time make additional or substituted regulations for the purposes aforesaid.

No act or proceeding of the Trust or of any person acting as a member of the Trust, shall be invalidated in consequence of there being a vacancy in the membership of the Trust at the time of the act or proceeding, or of the subsequent discovery that there was some defect with regard to the election of any member of the Trust or of any person so acting or that he was or had become disqualified.

The Trust may from time to time appoint or remove a Secretary and such other officers as the Trust shall think necessary, and may, out of the revenues of the Trust, pay to such persons such salaries, allowances, remunerations, and retainers in respect of their services as shall be thought fit. All officers holding office at the commencement of this Act shall continue in office subject to the provisions of this Act.

Before any officer entrusted by the Trust with the custody or control of moneys by virtue of his office enters on the duties of his office, the Trust shall take sufficient security from him for the faithful execution of those duties.

The Trust is deemed to be a local authority for the purposes of the National Provident Fund Act 1950.

The Trust is deemed to be a local authority for the purposes of section 6 of the Finance Act (No. 2) 1941.

All property, both real and personal, heretofore vested in the Trust, and in particular the lands mentioned in the First and Second Schedules to this Act, shall continue so vested, subject to all encumbrances, contracts, and equities affecting the same respectively at the coming into operation of this Act, and subject to the trusts in this Act declared concerning the same respectively.

Subject to the express provisions of this Act, the Trust shall hold, and shall be deemed always to have held, the general Trust lands and the scholarship lands for educational purposes and for purposes of public utility in the Trust district, and the promotion and assistance of such purposes; and, in particular (but without restricting the generality of the purposes aforesaid)—

For the purposes of this section “assisting” shall be deemed to include “establishing”.

The Trust may, in every financial year, apply its income from the general Trust lands, in such manner as the Trust shall from time to time decide, to all or any of the following purposes:

The Trust may, in every financial year, apply its income from the scholarships lands, in such manner as the Trust shall from time to time decide, for all or any of the purposes mentioned in paragraphs (c) and (d) of section 24 of this Act.

The Trust shall have power to grant leases and tenancies of the general Trust lands and the scholarship lands and any part or parts of the same.

Every power of granting leases or tenancies by this Act conferred on the Trust shall confer upon the Trust power to grant any such lease or tenancy—

Notwithstanding the provisions of the Public Bodies’ Leases Act 1908, the Trust may, in determining any rent not in excess of one hundred and fifty pounds a year, for the renewed term (or for the period of the term or of the renewed term for which the rent is then being determined, as the case may be) of a lease granted pursuant to the provisions of paragraph (e) or paragraph (g) or paragraph (h) of section 5 of that Act, so determine such rent by agreement with the lessee, in lieu of determining such rent by valuation in accordance with the provisions of the First Schedule to that Act.

The Trust may from time to time grant any easements in, upon, through, over, or under the general Trust lands or the scholarship lands, or any part or parts thereof, subject to such conditions, and upon such consideration, and subject to the payment of such rent (if any) as the Trust shall think fit.

The Trust shall have power from time to time to acquire, by purchase, by the acceptance of gifts or devises, or otherwise, additional lands for addition to the general Trust lands, and all lands so acquired shall thereafter be deemed to be included in the general Trust lands for the purposes of this Act.

No money shall be expended pursuant to the powers conferred by this section except out of the revenue of the general Trust lands, or out of a fund specially created for the purpose, or out of a general reserve established pursuant to this Act.

No power conferred by this section shall be exercised except by or in pursuance of a special resolution.

The Trust shall be at liberty from time to time to accept trusteeships for trusts and purposes not inconsistent with the general purposes of this Act and for such purposes to permit to be or become vested in the Trust any real or personal property to be held by the Trust upon and subject to the trusts imposed in respect thereof not being trusts inconsistent with the general purposes of this Act.

The Trust may prepare and publish books, handbooks, abstracts, and other publications containing information and matters of interest relative to the history, administration, and affairs of the Trust, and prepare and disseminate information that is designed to educate and instruct the public concerning the activities of the Trust.

The Trust may prepare and publish, or may assist in, or contribute towards the cost of the preparation and publication of books, handbooks, abstracts, or other publications containing information and matters of interest relative to the history, administration, activities, and affairs of the Trust district or of the district surrounding the Trust district, and generally may prepare and disseminate information that is designed to educate and instruct the public within the Trust district concerning the administration, activities, and affairs of the Trust district and the district surrounding the Trust district or that has for its object the advancement or development of the Trust district.

The Trust may from time to time out of its income from the scholarship lands, create, maintain, and add to a fund for the improvement of the scholarship lands or for the repair, renewal, replacement, or improvement of any buildings or other property of the Trust affixed or situate thereon, or appertaining thereto, or for the purpose of purchasing, acquiring, erecting, or constructing additional property of the classes for which the fund is so established.

Except as provided in subsection (3) of this section, no part of the fund established pursuant to this section shall be used except for purposes mentioned in subsection (1) of this section.

Every part of the fund so established that shall not be required for the purpose for which the fund was established may be applied for all or any of the purposes mentioned in paragraphs (c) and (d) of section 24 of this Act.

The Trust may from time to time, out of the income from the general Trust lands, create, maintain, and add to a fund or funds for any one or more of the purposes of the Trust.

The Trust may from time to time invest any fund established pursuant to section 32 or section 33 of this Act, or any part or parts of any such fund, and all money representing income of the Trust from time to time remaining unapplied pending the application thereof in accordance with the trusts and purposes of this Act, in the manner following, that is to say:

and the income from such investments shall be credited to the fund to which the investments belong.

Save as in this Act expressly authorised, the Trust shall have no power of alienation of the general Trust lands, or the scholarship lands, or any part thereof, or any interest therein.

Notwithstanding anything to the contrary in section 35 of this Act, the Trust shall have power from time to time, with or without requiring any payment or other consideration, to sell or otherwise dispose of any part or parts of the general Trust lands or the scholarship lands for the purpose of improving, adjusting, or straightening the boundary or boundaries between land owned by the Trust and other land.

Any money received by way of consideration for any sale or other disposal as in this section mentioned shall be deemed to be income of the Trust:

Provided that where any such money is received in respect of the sale or disposal of part of the scholarship lands such money shall constitute income derived from the scholarship lands.

No power conferred by this section shall be exercised except by or in pursuance of a special order.

Notwithstanding anything to the contrary in section 35 of this Act, the Trust shall have power from time to time, with or without requiring any payment or other consideration, to dedicate and transfer portions of the general Trust lands and the scholarship lands for the purpose of widening any streets, roads, access-ways, or service-lanes:

Provided that no such dedication shall be made so as to widen any street or road by a greater width than thirty-three feet.

The Trust shall have power from time to time, with or without requiring any payment or other consideration, to dedicate and transfer portions of the general Trust lands and the scholarship lands for the purpose of making new roads, streets, access-ways, or service-lanes; or extensions of existing roads, streets, access-ways, or service-lanes; and in particular (but without affecting the generality of the powers by this subsection conferred) for the purpose of improving, or using to better advantage, any real or personal property of the Trust.

No money shall be expended in the exercise of any power conferred by this section except out of the revenue of the general Trust lands, or out of a fund specially created for the purpose, or out of a general reserve established pursuant to this Act.

Money received by way of consideration for the dedication or transfer, as in this section mentioned, of any part of the general Trust lands shall be deemed to be income derived from the general Trust lands; and money received by way of consideration for the dedication or transfer, as in this section mentioned, of any part of the scholarship lands shall be deemed to be income derived from the scholarship lands.

No power conferred by this section shall be exercised except by or in pursuance of a special order.

Notwithstanding anything to the contrary in section 35 of this Act, the Trust shall have power—

The Trust may, in respect of any such sale or exchange, impose such conditions as it thinks fit whether in respect of the method of sale, the reserve price in respect of such sale, or otherwise howsoever.

Money received by the Trust from the sale pursuant to this section of any part or parts of the general Trust lands or the scholarship lands shall be applied by the Trust for or towards the purchase of other land or lands, and until so applied shall be held by the Trust in a special reserve account for that purpose.

Money received by the Trust for equality of exchange pursuant to this section shall be applied by the Trust either for or towards the purchase of other land or lands, or for or towards the development or improvement of the general Trust lands or the scholarship lands, and until so applied shall be held by the Trust in a special reserve account for that purpose:

Provided that money received by the Trust for equality of exchange of any part or parts of the scholarship lands shall not be applied for or towards the development or improvement of the general Trust lands.

Land acquired by the Trust in exchange for any part or parts of the general Trust lands shall be deemed to form part of the general Trust lands, and land acquired by the Trust in exchange for any part or parts of the scholarship lands shall be deemed to form part of the scholarship lands. In any case where part of the general Trust lands and part of the scholarship lands are exchanged for one parcel of land, such parcel of land shall be deemed to form part of the general Trust lands.

Land purchased by the Trust with money received from the sale or exchange pursuant to this section of part or parts of the general Trust lands shall be deemed to form part of the general Trust lands, and land purchased by the Trust with money received from the sale or exchange pursuant to this section of part or parts of the scholarship lands shall be deemed to form part of the scholarship lands. In any case where land purchased by the Trust is financed only in part from money received from the sale or exchange of part or parts of the general Trust lands or the scholarship lands, the land so purchased shall be deemed to form part of the general Trust lands.

No power conferred by this section shall be exercised except by or in pursuance of a special order.

This section shall apply only to lands zoned for residential purposes under an operative district scheme within the meaning of the Town and Country Planning Act 1953.

Notwithstanding anything to the contrary in section 35 of this Act or elsewhere in this Act contained, the Trust shall have power to sell or otherwise dispose of personal property of the Trust, and to sell for removal, or otherwise to dispose of, buildings, erections, and improvements, the property of the Trust, standing or being upon the general Trust lands or the scholarship lands or any part thereof, whether affixed to the freehold or not.

Money received by way of consideration for any sale or other disposal as in this section mentioned shall be deemed to be income of the Trust:

Provided that where such money is received in respect of the sale or disposal of property affixed to the freehold of the scholarship lands or of any part thereof, such money shall constitute income derived from the scholarship lands.

The Trust may from time to time borrow money from its bankers by way of overdraft:

Provided that the total amount so borrowed shall not at any time in any financial year exceed half of the gross rental income of the Trust for the immediately preceding financial year.

In addition to the power conferred by section 40 of this Act, the Trust shall have power, with the consent of the Minister of Finance and upon and subject to such conditions as that Minister thinks fit, to borrow money for any of the purposes of the Trust.

For the purpose of securing the repayment of money so borrowed, and the interest thereon, the Trust may, with the consent of the Minister of Finance and upon and subject to such conditions as that Minister thinks fit, appropriate and pledge as security its revenues or any part thereof, or mortgage or charge any of its real or personal property.

The Trust shall not be deemed to be a local authority within the meaning of the Local Authorities Loans Act 1956.

All money belonging to the Trust shall, within seven days after it has been received by the proper officer of the Trust, be paid into the account of the Trust at such bank as the Trust from time to time appoints.

No money shall be withdrawn from the bank except by authority of the Trust and by cheque signed and countersigned by such person or persons as the Trust from time to time appoints for that purpose.

The Trust shall keep such accounts and keep them in such manner as may be prescribed by the Audit Office, but so always that—

The decision of the Audit Office as to whether or not any expenditure is properly chargeable against any such account as aforesaid shall be final.

As soon as practicable after the end of every financial year the Trust shall cause to be prepared a statement of the assets and liabilities of the Trust as at the end of that financial year, together with—

The statements referred to in subsection (1) of this section shall be audited by the Audit Office, which for that purpose shall have all such powers as it has under the Public Revenues Act 1953 in respect of public money and the audit of local authorities’ accounts.

The Audit Office shall return the said statements to the Trust as soon as possible, with a certificate and report written and signed thereon. The said statements, bearing the certificate and report, shall thereupon be printed, and a copy thereof as so printed shall be deposited in the office of the Trust, available for inspection by any elector during ordinary office hours, free of charge, until the holding of the meeting of electors mentioned in section 45 of this Act. The Trust shall furnish a copy of the said statements, as so printed, to any elector requiring the same. Public notice shall be given that the said statements have been audited and printed, and are available as aforesaid.

For the purpose of receiving the annual report and statements of account of the Trust, a meeting of electors shall be held annually at a place to be appointed by the Trust, and on a day to be appointed by the Trust, being not later in any year than the forty-second day after the receipt by the Trust from the Audit Office of the said statements of account, of which meeting and of the time and place appointed for holding the same, not less than seven clear days’ public notice shall be given. At such meeting the Chairman for the time being of the Trust or, in his absence, the Deputy Chairman, shall preside. At such meeting the aforesaid annual report and statements of account for the preceding financial year shall be submitted.

The Trust may in every financial year expend out of the general fund of the Trust for purposes not authorised by any law for the time being in force any sum or sums not exceeding in the aggregate one percent of the gross rentals derived during that financial year from the general Trust lands.

The Trust may pay to the Chairman such annual allowance not exceeding two hundred and fifty pounds as may from time to time be fixed by the Trust; but no alteration in the amount of the allowance shall take effect during the term of office of the Chairman for the time being.

The Trust may pay to each member of the Trust remuneration at the rate of thirty shillings in respect of each meeting of the Trust or of any committee of the Trust attended by him:

Provided that the total amount that may be paid under this subsection to any member in any financial year shall not exceed the sum of seventy-eight pounds:

Provided also that the maximum amount which may be paid under this section to any member in respect of any one day shall not exceed thirty shillings, notwithstanding that he may have attended more than one meeting of the Trust or of any committee of the Trust on that day.

The Chairman may receive an allowance or remuneration under either subsection (1) or subsection (2) of this section but he may not receive it under both subsections.

For the purposes of this section a person re-elected Chairman shall be deemed a new Chairman.

The receipt of an allowance or remuneration under this section shall not constitute a cause of disqualification from office under section 10 of this Act.

No member shall be personally liable for any act done or omitted by the Trust, or by any member thereof, in good faith in the course of the operations of the Trust; or be answerable for the act of any other member; or be answerable for any loss that may arise by reason of any money of the Trust being deposited in any bank, or in the hands of any agent or servant of the Trust, or for any loss in the execution of any of the trusts or powers declared in this Act, unless the same happens through his own wilful neglect or default.

The Masterton Trust Lands Act 1950 is hereby repealed; and with respect to that repeal the following provisions shall apply, but without limiting or affecting any specific saving provision herein contained:

Every reference to the Trust under the style of “The Masterton Trust Lands Trustees” in any Act, regulation, order, or by-law, or in any agreement, deed, instrument, certificate of title, lease, licence, application, notice, or document whatsoever, shall hereafter be read as a reference to the Trust under the style of “The Masterton Trust Lands Trust”.

The District Land Registrar for Wellington shall, without further authority than this subsection, upon the request of the Trust amend the certificates of title of the general Trust lands and the scholarship lands to show the name of the Trust as “the Masterton Trust Lands Trust”.

Notwithstanding anything in this section or elsewhere in this Act contained, section 29 of the Masterton Trust Lands Act 1889 shall remain in full force and effect.

Subsections (4) and (5) of section 41 of the Local Legislation Act 1952 are hereby repealed.