Hawke’s Bay Agricultural and Pastoral Society Empowering Act 2023

Coat of Arms of New Zealand

Hawke’s Bay Agricultural and Pastoral Society Empowering Act 2023

Private Act
 
2023 No 1
Date of assent
 
20 March 2023
Commencement
 
see section 2

Preamble

(1)

The Hawke’s Bay Agricultural and Pastoral Society (the Society) owns fee simple interests in the Tomoana Showgrounds:

(2)

The Society wishes to sell its interests in the Tomoana Showgrounds, and any other land it may acquire (the land), without being required to invest the money received from the sale to purchase other land suitable for the purposes of the Society as required by the Agricultural and Pastoral Societies Act 1908:

(3)

The object of this Act is to remove the restrictions relating to the disposal of the land and to require the Society to apply the money received from the sale of the land towards purposes that are consistent with the objects of the Society:

(4)

This object cannot be achieved without legislation:

The Parliament of New Zealand therefore enacts as follows:

1 Title

This Act is the Hawke’s Bay Agricultural and Pastoral Society Empowering Act 2023.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Purpose

The purpose of this Act is to—

(a)

empower the Hawke’s Bay Agricultural and Pastoral Society (the Society) to sell its interests in the Tomoana Showgrounds, or any other land it may acquire, without being required to invest the money received from the sale in the purchase of other land suitable for the purposes of the Society; and

(b)

require the Society to apply the money received from the sale of the land towards purposes that are consistent with the objects of the Society.

4 Interpretation

In this Act, unless the context otherwise requires,—

land means the land described in the Schedule or any other land acquired by the Society

Society means the Hawke’s Bay Agricultural and Pastoral Society.

Part 2 Power to sell land

5 Power to sell land

(1)

Despite anything in the Agricultural and Pastoral Societies Act 1908, the Society may, if the conditions in subsection (2) are satisfied, sell the land described in the Schedule, or any other land it may acquire, without having to invest the money received from the sale in the purchase of other land suitable for the purposes of the Society.

(2)

The conditions are that—

(a)

it appears advantageous to the Society to sell the land; and

(b)

at least two-thirds of the members of the Society present at a general meeting of the Society have resolved to do so; and

(c)

not less than 14 days’ notice of the general meeting and the proposal to sell the land has been given to members of the Society.

6 Certain enactments not to apply

The following enactments do not apply and must be treated as never having applied to the Society in relation to the land:

(a)

sections 7 and 8(2) of the Agricultural and Pastoral Societies Act 1908:

(b)

section 3 of the Agricultural and Pastoral Societies Amendment Act 1912:

(c)

section 2 of the Agricultural and Pastoral Societies Amendment Act 1920.

7 Application of money received from sale

If the land is sold under section 5(1), the Society must apply the money received from the sale towards purposes that are consistent with the objects of the Society.

Schedule Society’s interests in Tomoana Showgrounds

s 4

Record of titleArea (more or less)Legal description
HBC4/3507765 square metresLot 20 Deposited Plan 3005
HBM2/16224.185 hectaresLot 19 Deposited Plan 3005
HBM2/16316.893 hectaresLot 6 Deposited Plan 3005
HBM3/1932.0448 hectaresPart Lot 18 Deposited Plan 3005
Legislative history

21 November 2022

Introduction (Bill 181–1)

7 December 2022

First reading and referral to Governance and Administration Committee

15 February 2023

Reported from Governance and Administration Committee

15 March 2023

Second reading, committee of the whole House, third reading

20 March 2023

Royal assent