Canterbury Museum Trust Board Act 1993

Reprint as at 30 January 2021

Coat of Arms of New Zealand

Canterbury Museum Trust Board Act 1993

Local Act
 
1993 No 4
Date of assent
 
24 April 1993
Commencement
 
24 April 1993
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

An Act to amend the law relating to the Canterbury Museum Trust Board, made necessary by the reform of local government, by altering the constitution of the Board, better defining its functions, and making provision for the continuation of the work of the institution and for the finances and administration of the Board

Preamble

Whereas the Canterbury Museum is a non-profit-making permanent institution, founded by the people of Canterbury for the service and development of their community: And whereas the Museum acknowledges a particular responsibility for the natural and cultural heritage of the wider Canterbury region: And whereas responsibility for the maintenance and development of the said institution should continue to be widely shared.

 
1 Short Title

This Act may be cited as the Canterbury Museum Trust Board Act 1993.

2 Interpretation

In this Act, unless the context otherwise requires,—

Board means the Canterbury Museum Trust Board continued in existence under section 5(1)

contributing authority means a local authority referred to in the Schedule

Museum means the Canterbury Museum situated in Christchurch, New Zealand

Director means the Director of the Museum as chief executive officer of the Board under section 9(1)(a).

3 Objectives

The objectives of the Museum shall be—

(a)

to collect, preserve, act as a regional repository for, research, display and otherwise make available to the people of the present and the future, material and information relating to the natural and cultural heritage of New Zealanders:

(b)

to promote interest and education in the natural and cultural heritage of New Zealanders:

(c)

to place particular emphasis on those activities as they relate to the greater Canterbury region, the Antarctic and Subantarctic, and, where appropriate, their relationships in a wider global context.

4 Collection policy

The Museum may acquire or dispose of objects and data in accordance with its policy and recognised Museum practice, taking cognizance of its trusteeship role in the community.

5 Canterbury Museum Trust Board

(1)

There shall continue to be a governing authority of the Museum known as the Canterbury Museum Trust Board, which shall be the same body corporate as the Canterbury Museum Trust Board established by section 3 of the Canterbury Museum Trust Board Act 1983.

(2)

The Board shall consist of—

(a)

4 members appointed by the Christchurch City Council:

(b)

1 member appointed jointly by the Hurunui and Waimakariri District Councils:

(c)

1 member appointed jointly by the Selwyn and Banks Peninsula District Councils:

(d)

1 member appointed by the University of Canterbury:

(e)

1 member appointed by the Canterbury Branch of the Royal Society of New Zealand:

(f)

1 member appointed by Te Runanga o Ngai Tahu:

(g)

1 member appointed by the Association of Friends of Canterbury Museum:

(h)

1 member appointed by the Canterbury Pilgrims’ and Early Settlers’ Association.

(3)

Where a member is to be appointed jointly by more than 1 contributing authority or other body, the procedure for making such appointment shall be determined by the parties responsible for such appointment.

(4)

The Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property and of doing and suffering all that bodies corporate may do and suffer.

(5)

The Board shall be deemed to be a local authority for the purposes of section 6 of the Finance Act (No 2) 1941 and of the National Provident Fund Restructuring Act 1990.

Section 5(2)(f): amended, on 24 April 1996, by section 34(1) of the Te Runanga o Ngai Tahu Act 1996 (1996 No 1 (P)).

6 Appointment of members of Board

(1)

Within 3 months after the commencement of this Act, and within 3 months after each general election held pursuant to the Local Electoral Act 2001 after the commencement of this Act, those contributing authorities and other bodies referred to in section 5(2) shall each appoint a person or persons to be members of the Board.

(2)

Any person appointed by a contributing authority need not be a member of that authority.

(3)

Every member of the Board appointed under this section shall come into office on the day following that on which he or she is appointed.

Section 6(1): amended, on 1 July 2001, pursuant to section 152(1) of the Local Electoral Act 2001 (2001 No 35).

7 Reappointment and resignation of Board members

(1)

Any member of the Board may from time to time be reappointed or may at any time resign his or her office in writing addressed to the Secretary of the Board.

(2)

Every such member, unless he or she sooner vacates office, shall continue to hold office until his or her successor comes into office.

(3)

Every casual vacancy shall be filled as soon as practicable by the appointment of a person by the contributing authority or body which appointed the member who has vacated office; and the member appointed to fill any casual vacancy shall hold office only for the residue of the term of the vacating member:

provided that where any such vacancy occurs within 6 months before the date fixed for the next general election, the appointing body or bodies affected by that vacancy may determine that the vacancy shall not be filled.

(4)

The powers of the Board shall not be affected by any vacancy in its membership.

8 Meetings of Board

(1)

The Board shall hold such meetings as are necessary to effectively carry out its functions.

(2)

The first meeting of the Board following the appointment of members as specified in section 5(2) shall be called by the Director as soon as practicable, and shall be chaired by the Director until a Chairperson is elected from the members of the Board.

(3)

The Chairperson shall preside at all meetings of the Board at which he or she is present. In the absence of the Chairperson from any meeting the members present shall appoint one of their number to be the Chairperson of that meeting.

(4)

At any meeting of the Board 4 members shall form a quorum.

(5)

Every question before the Board shall be decided in open voting by a majority of the valid votes recorded on it.

(6)

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

(7)

Subject to the provisions of this Act and of the Local Government Official Information and Meetings Act 1987, the Board shall regulate its own proceedings.

9 Functions and powers of Board

(1)

The functions of the Board shall be—

(a)

to appoint, and whenever necessary reappoint or replace, a chief executive officer who shall be appointed as Director of the Museum and who shall be responsible to the Board for employing on behalf of the Board staff of the Museum and for negotiating their terms of employment:

(b)

to establish for the guidance of the Director broad lines of policy consistent with the objectives of the Museum as outlined in section 3:

(c)

to ensure that the Museum building, collections and documentation are maintained in good order and condition:

(d)

to ensure that the Museum is run effectively and efficiently in accordance with its policy.

(2)

The Board shall have such powers, not inconsistent with this Act or with relevant sections of the Local Government Act 1974, as are reasonably necessary for the effective performance of its functions.

10 Delegation of functions and powers

(1)

The Board may from time to time, either generally or specifically, by resolution, delegate any of its functions and powers (other than this power of delegation and the powers conferred on the Board under section 15) to the Director or to any committee appointed under section 11.

(2)

Subject to any general or special directions given or conditions imposed by the Board, the Director or any committee to which any such delegation is made may exercise or perform the delegated functions or powers in the same manner and with the same effect as if they had been conferred by this section and not by delegation.

(3)

Where the Director or any committee purports to act pursuant to any such delegation, the Director or committee shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(4)

Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any function or power by the Board.

(5)

Until any such delegation is revoked, it shall continue in force according to its tenor.

11 Committees

(1)

The Board may from time to time, by resolution, appoint or discharge or alter or continue or reconstitute any committee to advise the Board on such matters concerning the functions of the Board as it sees fit.

(2)

Any person may be appointed to be a member of a committee notwithstanding that he or she is not a member of the Board.

(3)

Subject to any directions given by the Board, every committee may regulate its own procedure.

(4)

At any meeting of a duly appointed committee 2 persons shall form a quorum.

12 Contracts of Board

(1)

Any contract which, if made between private persons must be by deed, may be similarly made by or on behalf of the Board in writing under the seal of the Board.

(2)

Any contract which, if made between private persons must be in writing signed by the parties to be charged therewith, may be similarly made by or on behalf of the Board, either under the seal of the Board or signed by 2 members of the Board on behalf of and by the direction of the Board.

(3)

Any contract which, if made between private persons may be made orally, may be similarly made by or on behalf of the Board, but no oral contract shall be made for any sum exceeding $2,000.

(4)

Notwithstanding anything in the provisions of this section, no contract made by or on behalf of the Board shall be invalid by reason only that it was not made in the manner provided in the provisions of this section if it was made pursuant to a resolution of the Board or to give effect to a resolution of the Board, either in relation to contracts generally or in relation to that particular contract.

(5)

Nothing in this section shall limit or affect the law relating to the entering into contracts of an agent on behalf of a principal.

13 Local authorities, etc, may contribute to Board’s funds

For the purpose of providing funds for the exercise and performance of the Board’s powers and functions, any local authority or public body may from time to time without further authority than this section make grants out of its general funds to the Board of such amounts as it thinks fit.

14 Money to be banked

(1)

Where any money belonging to the Board, amounting to or exceeding $20, comes into the hands of any officer of the Board or other person authorised to receive money on behalf of the Board, that officer or other person shall, within 7 days, ensure that it is paid into the appropriate account at such trading banks and savings banks as the Board from time to time appoints.

(2)

Money may be withdrawn from the bank either by cheque or by any other instrument (not being a promissory note or a bill) signed by any 2 persons authorised by the Board; but every payment of money by the Board shall be authorised by a prior resolution of the Board or shall be submitted to the Board for confirmation at its next ordinary meeting after the date of payment.

15 Annual plan

(1)

The Board shall prepare and adopt, for each financial year ending with 30 June, an annual plan which outlines—

(a)

in particular terms for the financial year in which the plan is adopted and in general terms for each of the following 2 financial years—

(i)

the intended significant policies and objectives of the Board; and

(ii)

the nature and scope of significant activities to be undertaken; and

(iii)

the performance targets and other measures by which performance may be judged in relation to the objectives:

(b)

in particular terms for the financial year in which the report is adopted, and in general terms for each of the following 2 financial years, in total and for each significant activity of the Board—

(i)

the indicative costs, including an allowance for depreciation of plant; and

(ii)

the sources of funds and the amount of any proposed levies.

(2)

The plan shall include an explanation of any significant changes between the policies, objectives, activities, and performance targets specified in the plan as being those for the financial year in which the plan is adopted and those specified in the plan for the immediately preceding financial year as being those for the financial year in which the plan is adopted.

(3)

The draft annual plan shall be referred to contributing authorities for a period of 6 weeks concluding no later than 31 May in each year or such earlier date as agreed by mutual consultation with contributing authorities.

(4)

The Board shall consider all submissions received in respect of the draft annual plan and amend it as considered appropriate prior to adoption by the Board no later than 2 weeks following the period referred to in subsection (3).

(5)

A copy of the annual plan, when adopted, shall forthwith be sent to each contributing authority.

16 Levies

(1)

The levies proposed in the draft annual plan shall be deemed to have been approved by all contributing authorities and binding on them once the annual plan is adopted unless either the Christchurch City Council or 2 or more of the remaining contributing authorities give notice in writing objecting to the levies proposed therein during the period referred to in section 15(3).

(2)

Within 14 days of the receipt of such notice, the Board shall convene a meeting of all contributing authorities to be held not later than 1 month following that date referred to in section 15(3).

(3)

At that meeting each contributing authority may be represented by 1 delegate. The delegates attending the meeting shall hear such submissions as the Board may make in support of its budget and levy. The Christchurch City Council or not less than 3 other contributing authorities may resolve that the total levy be reduced to an amount being not less than the total levy made in respect of the previous year.

17 Calculation of levy

(1)

For the purpose of apportioning levies, the population of the district of each contributing authority shall be the population of that district as at 30 June immediately preceding the previous financial year as certified by the Government Statistician, whose certificate shall be conclusive evidence as to that population.

(2)

The levy made in each financial year against each contributing authority shall be an amount equal to a percentage of the total contribution computed as follows:

(a)

the percentages of population of each contributing authority shall be ascertained and multiplied by the factor specified in the Schedule:

(b)

each product ascertained shall be converted to a percentage of the total levy for all contributing authorities.

18 Payment of levies

The amount of the levy for each financial year ending with 30 June shall be paid by each contributing authority either from its general revenues or from the proceeds of the rate provided for in section 19

(a)

in 1 lump sum in the month of September in that financial year; or

(b)

by 3 equal instalments in the months of September, December, and March in that financial year.

19 Power to rate

In addition to any other rate that it is authorised to set, each contributing authority may set and assess a rate in its district, to be known as the Canterbury Museum rate, for the purpose of providing the contribution that is payable to the Board under this Act, and the Local Government (Rating) Act 2002 applies to that rate.

Section 19: substituted, on 1 July 2003, by section 137(1) of the Local Government (Rating) Act 2002 (2002 No 6).

20 Borrowing powers

(1)

The Board may from time to time borrow such sums of money as it considers necessary for carrying out its functions under this Act.

(2)

[Repealed]

(3)

Any special loans raised by the Board shall have the prior approval of the Christchurch City Council and at least 1 of the remaining contributing authorities.

Section 20(2): repealed, on 1 July 1998, by section 16(1) of the Local Government Amendment Act (No 3) 1996 (1996 No 83).

21 Payment by University of Canterbury

The University of Canterbury shall annually pay to the Board one-half of the net income available from its Museum, Library, and School of Technical Science Endowment.

22 Investment of money

Subject to the terms of any trust or endowment, any money held by or on behalf of the Board and available for investment may be invested by trustees in accordance with the Trusts Act 2019.

Section 22: replaced, on 30 January 2021, by section 161 of the Trusts Act 2019 (2019 No 38).

23 Application of income and capital

(1)

Subject to the terms of any trust or endowment, the income and capital of the Board shall be applied in doing whatever the Board thinks expedient to enable the Board to accomplish the purposes for which it is established.

(2)

Without limiting the generality of subsection (1), the Board may from time to time transfer any of its income to the capital of the fund created for any 1 or more of the purposes for which that income may be applied.

24 Unplanned expenditure

The Board may in every year, out of its funds, expend for purposes not authorised by any Act or law for the time being in force any sum or sums not amounting in the aggregate to more than 0.5% of its total expenditure for that year.

25 Travelling allowances and expenses

There shall be payable to members of the Board, and of any committee of the Board, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 as if they were members of a statutory board within the meaning of that Act.

26 Members of Board and committees not personally liable

Subject to sections 44 to 46 of the Local Government Act 2002 (which apply to the Board as if it were a local authority), no member of the Board, or of any committee of the Board, is personally liable for any act or default done or made by the Board or committee, or by any member of the Board or committee, in good faith in the course of the operations of the Board or committee.

Section 26: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

27 Audit of Board’s accounts

(1)

The Board must keep full and correct accounts of all money received and expended by it.

(2)

The Board is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

Section 27: substituted, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

28 Annual report

(1)

The Board shall prepare and adopt, in respect of each financial year, a report assessing the performance of the Board against the policies, objectives, activities, performance targets, indicative costs, and sources of funds specified in the plan adopted in respect of that financial year under section 15.

(2)

The report adopted under subsection (1) shall contain audited financial statements for the Board for the financial year consisting of—

(a)

a statement of financial position; and

(b)

an overall operating statement; and

(c)

a statement of cash flows; and

(d)

such other statements as may be necessary to fairly reflect the financial position of the Board, the resources available to it, and the financial results of its operations.

(3)

The report adopted under subsection (1) shall contain—

(a)

the auditor’s report—

(i)

on the financial statements specified in subsection (2); and

(ii)

on the performance targets and other measures by which performance has been judged in relation to the objectives; and

(b)

such other information as is necessary to enable an informed assessment of the operations of the Board, including a comparison between the actual performance of the Board for the financial year and the projected performance of the Board for the financial year as set out in the plan adopted in respect of the financial year under section 15.

(4)

The report adopted under subsection (1) shall be adopted before the end of the fifth month after the close of the financial year to which it relates.

(5)

Where the Board adopts a report under this section, it shall—

(a)

make that report available for public inspection at its office; and

(b)

within 20 days after its adoption, send copies of the report to each contributing authority and every other body referred to in section 5(2).

29 Contributing authorities to report on involvement

Each contributing authority shall include in its annual report prepared under section 223E of the Local Government Act 1974, in respect of each financial year ending with 30 June, information concerning its involvement with, and its financial contributions to, the Board.

30 Repeals

The following enactments are hereby repealed:

(a)

the Canterbury Museum Trust Board Act 1983:

(b)

Amendment(s) incorporated in the Act(s).

Schedule

s 17(2)(a)

Contributing authorityFactor
Christchurch City Council1.00
Banks Peninsula District Council0.45
Selwyn District Council0.45
Waimakariri District Council0.45
Hurunui District Council0.30

Local Government (Rating) Act 2002

Public Act
 
2002 No 6
Date of assent
 
30 March 2002
Commencement
 
see section 2
1 Title

Part 1 Preliminary and key provisions

Subpart 1—Preliminary provisions

2 Commencement

(1)

Section 137(1), so far as it relates to the item relating to section 122ZAA of the Local Government Act 1974 in Schedule 5, comes into force on the day after the date on which this Act receives the Royal assent.

(2)

The following provisions come into force on the day after the date on which this Act receives the Royal assent, but only for the purpose of rating in a financial year that begins on or after 1 July 2003:

(a)

section 11, so far as it relates to district valuation rolls; and

(b)

section 137(1), so far as it relates to—

(i)

Schedule 4; and

(ii)

items relating to the Rating Valuations Regulations 1998 in Schedule 5.

(3)

The following provisions come into force on 30 April 2003:

(a)

section 11, so far as it relates to rating information databases; and

(b)

sections 27 to 36.

(4)

The rest of this Act comes into force on 1 July 2003.

Part 5 Replacement of rates and miscellaneous matters

Subpart 2—Miscellaneous matters

Amendments, savings, repeals of other enactments, and transitional provisions

137 Amendments to other enactments

(1)

The Acts and regulations specified in Schedules 4 and 5 are amended in the manner indicated in those schedules.

(2)

However, those Acts and regulations continue in force as if they had not been amended to the extent necessary for the levying and collection of rates made or levied for the financial year ending on 30 June 2003 or a previous financial year.

Reprints notes
1 General

This is a reprint of the Canterbury Museum Trust Board Act 1993 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Trusts Act 2019 (2019 No 38): section 161

Local Government Act 2002 (2002 No 84): section 262

Local Government (Rating) Act 2002 (2002 No 6): section 137(1)

Local Electoral Act 2001 (2001 No 35): section 152(1)

Public Audit Act 2001 (2001 No 10): section 53

Local Government Amendment Act (No 3) 1996 (1996 No 83): section 16(1)

Te Runanga o Ngai Tahu Act 1996 (1996 No 1 (P)): section 34(1)