This Act may be cited as the Veterinary Services Act, 1946.

In this Act, unless the context otherwise requires,—

There is hereby established a Council to be called the Veterinary Services Council.

The Council shall consist of ten members to be appointed by the Governor-General on the recommendation of the Minister, of whom—

The Council shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of suing and being sued, and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

Except as otherwise provided in this Act, every member of the Council shall be appointed for a term of three years, but may from time to time be reappointed.

Notwithstanding anything to the contrary in this Act, every member of the Council, unless he sooner vacates his office, shall continue to hold office until his successor comes into office.

With respect to the first members of the Council the following provisions shall apply:—

Any member of the Council may at any time be removed from office by the Governor-General for disability, insolvency, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister.

If any member of the Council dies, or resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.

The powers of the Council shall not be affected by any vacancy in the membership thereof.

In any case in which the Minister is satisfied that any member of the Council is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office, the Minister may appoint a deputy to act for that member during his incapacity, and any such deputy shall, while he acts as such, be deemed to be a member of the Council.

No such appointment of a deputy and no acts done by him as such shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

At the first meeting of the Council after the passing of this Act the Council shall appoint from among its members a Chairman and a Deputy Chairman.

In the month of August, nineteen hundred and forty-seven, and in the same month in each succeeding year the Council shall hold a meeting for the purpose of appointing a Chairman and a Deputy Chairman for the ensuing twelve months.

Any person appointed as the Chairman or Deputy Chairman of the Council shall hold office until the appointment of his successor in accordance with this section, and shall be eligible for reappointment.

The first meeting of the Council shall be held on a day to be appointed in that behalf by the Minister.

Subsequent meetings of the Council shall be held at such times and places as the Council from time to time appoints.

The Chairman of the Council, or any four members thereof, may at any time call a special meeting of the Council.

At all meetings of the Council five members, of whom at least one shall be a Government representative, shall form a quorum.

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

In the absence of the Chairman from any meeting of the Council the Deputy Chairman, if present, shall preside. In the absence from any meeting of both the Chairman and the Deputy Chairman, the members present shall appoint one of their number to be the Chairman of that meeting.

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

All questions before the Council shall be decided by a majority of the valid votes recorded thereon.

Subject to the provisions of this Act and of any regulations made thereunder, the Council may regulate its procedure in such manner as it thinks fit.

The Council may from time to time appoint a committee or committees, consisting of two or more persons, and may from time to time, with the consent of the Minister, delegate to any such committee any of its powers or duties.

Any person may be appointed to be a member of a committee under this section, notwithstanding that he is not a member of the Council.

The Council may appoint such officers and servants as it deems necessary for the efficient carrying-out of its functions under this Act.

Any person in the service of the Crown may be appointed to be an officer of the Council, but no person shall be entitled to hold office concurrently as an officer of the Council and as a servant of the Crown except,—

The Council may, out of its funds, subsidize any fund or scheme established with the approval of the Governor-General in Council for the purpose of providing superannuation or retiring allowances for its officers and servants.

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

The functions of the Council shall be to promote and encourage the provision of efficient veterinary services for owners of live-stock in New Zealand, with a view to the maintenance and improvement of the health and general condition of live-stock and the quality of produce derived from any live-stock, and the increased production of such produce; and for those purposes to promote the training of a sufficient number of persons in veterinary science and their employment, when qualified, as veterinary surgeons.

The Council shall have all such powers, rights, and privileges as may reasonably be necessary or expedient to enable it to carry out its functions, and in particular it may from time to time—

In the exercise of the power conferred upon it by paragraph (b) of subsection two of this section, the Council shall not grant any subsidy or other financial assistance to any farmers’ veterinary club or association or other like body unless the Council is satisfied, after such inquiry as it thinks fit, that the body is so constituted and organized as to provide an efficient veterinary service for its members and satisfactory working-conditions for veterinary surgeons employed by it:

Provided that in any case where the Council is not so satisfied as aforesaid but considers it expedient for the provision of such services and working-conditions as aforesaid to grant such subsidy or other financial assistance, it may do so with the prior approval of the Minister.

In any conditions imposed by the Council on the grant of any bursary pursuant to paragraph (d) of subsection two of this section there may be included a condition that the person to whom the bursary is granted will, when qualified as a veterinary surgeon, accept, for such period as the Council thinks fit, being not longer than five years, employment with such institution or body, whether a veterinary club or association, local authority, Government Department, or other institution or body, as the Council may appoint.

The Council may exercise its functions and powers either independently or in conjunction with any Government Departments, local authorities or other public bodies, owners of live-stock, or any other persons or bodies of persons.

The Council shall, during the month of April in every financial year, cause an estimate to be prepared of the probable expenditure necessary for the exercise of its functions and powers in that year, showing separately—

The estimate of expenditure prepared under this section for any year may include any amount proposed to be set aside in that year for the purposes of any special fund or reserve which the Council is authorized by this Act to establish.

Any deficiency or surplus in the funds of the Council for the preceding financial year shall be included in the estimate under this section. Every such deficiency shall be deemed to form part of the expenditure of the Council, and every such surplus shall be deemed to form part of the sum or sums already available as aforesaid, in the year to which the estimate relates.

The amount of the net estimated expenditure in respect of any financial year shall not exceed the sum of one hundred thousand pounds.

The first estimate made by the Council under this section shall be for the financial year beginning on the first day of April next after the constitution of the Council, but that estimate may include the amount of any expenses incurred and moneys received by the Council in the interval between the date of its constitution and the said first day of April.

The estimate prepared under this section for any year shall be confirmed by resolution of the Council at a meeting of the Council held not later than the last day of May in that year.

Of the amount of the net estimated expenditure one-half shall be contributed by the contributory Boards, and one-half shall be paid by way of subsidy, as hereinafter provided.

Subject to the provisions of this section, of the amount to be contributed by the contributory Boards pursuant to the last preceding section—

If in respect of any year the contribution that would be payable by the Wool Board under paragraph (c) of the last preceding subsection exceeds the sum of one thousand six hundred and sixty-six pounds, then the contribution so payable by that Board in respect of that year shall be the said sum of one thousand six hundred and sixty-six pounds; and the amount by which such contribution as aforesaid exceeds that sum shall be payable by the Meat-producers Board in addition to the amount payable by the last-mentioned Board under paragraph (b) of the last preceding subsection, and shall be deemed for the purposes of this Act to form part of the contribution payable in respect of that year by such last-mentioned Board:

Provided that if at any time the Wool Board, by resolution passed at a meeting of that Board, determines that the limit imposed by the foregoing provisions of this subsection shall no longer apply, then those provisions shall cease to have effect, and every amount then due and payable or thereafter becoming due and payable by that Board by way of contribution in respect of the year in which the resolution is passed and every succeeding year shall accordingly be calculated in accordance with the said paragraph (c).

The Council shall, as soon as may be practicable after the confirmation of the estimate under section thirteen of this Act, cause to be sent to each of the contributory Boards a written notice showing the amount of the contribution to be paid by every contributory Board, together with a copy of the estimate. A copy of the notice and estimate shall at the same time be sent to the Minister.

Each of the contributory Boards shall, in the month next following the month in which the notice is received by it, pay to the Council a sum equivalent to one-fourth of the amount of the contribution payable by it, and shall in every third month thereafter, until the whole of the said amount is paid, pay to the Council a further instalment equivalent to one-fourth of the said amount.

If any contributory Board liable to make any payment under this section fails to make the payment, or any part thereof, on or before the last day of the month in which the payment is due the amount so unpaid may be recovered as a debt due to the Council by the Board.

There shall without further appropriation than this section be paid to the Meat-producers Board out of moneys in the Meat Industry Account the sum of five hundred thousand pounds to be held by the Board as a separate fund for the purpose of providing, out of the proceeds of the investment of the said sum, the amount of the annual contribution payable by the Board under the foregoing provisions of this Act.

The said sum of five hundred thousand pounds shall from time to time be invested by the Board in such securities and in such manner as the Minister of Finance may approve, and the income from all investments under this section shall in each year be applied—

If in any year the income received from such investments as aforesaid is less than the amount of the contribution payable by the Board in that year, the Board may pay the amount of the deficiency out of its funds.

Each of the contributory Boards, other than the Meat-producers Board, is hereby authorized and empowered to pay out of its funds the amount of the annual contribution payable by it under the foregoing provisions of this Act:

Provided that the Minister of Finance, acting on the recommendation of the Dairy Board, may in any year, if he thinks fit, direct that the whole or any specified part of the contribution payable in respect of that year by the Dairy Board shall be payable out of the Dairy Industry Account instead of out of the funds of that Board; and thereupon the sum so directed to be paid shall, without further appropriation than this section, be paid out of that account.

There shall in respect of each financial year be payable to the Council by way of subsidy a sum equivalent to the aggregate amount of the contributions payable in that year by the contributory Boards under the foregoing provisions of this Act.

The subsidy payable under this section shall be paid out of moneys appropriated by Parliament for the purpose, and shall in each year be paid in four equal quarterly instalments payable in the same months as those in which the instalments of the contributions of the contributory Boards are payable in that year under the foregoing provisions of this Act:

Provided that if in respect of any year the Minister of Finance so determines, the subsidy may in that year be paid either in six equal instalments payable in every second month, or in twelve equal monthly instalments.

Every claim made by the Council for any sum payable by way of subsidy under this section shall be supported by a statutory declaration made by the Chairman of the Council, verifying a statement of all material particulars.

The Minister of Finance may, out of moneys appropriated by Parliament for the purpose, advance to the Council such sum or sums as he thinks fit towards the expenses of the Council before the end of the financial year in which the Council is constituted.

All moneys advanced to the Council under this section shall be deemed to be moneys paid in anticipation of the subsidy payable under the last preceding section, and shall be deducted from the amount of the subsidy payable for the financial year beginning on the first day of April next after the constitution of the Council.

The Council may enter into any contract for any of the purposes of this Act.

Any contract which if made between private persons must be by deed shall, if made by the Council, be in writing under the seal of the Council.

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

Any contract which if made between private persons may be made orally may be similarly made by or on behalf of the Council by any two members of the Council acting by direction of the Council, but no oral contract shall be made involving the payment by the Council of a sum exceeding twenty pounds.

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

The Council may, with the consent of the Minister of Finance and upon and subject to such conditions as that Minister thinks fit, borrow moneys and mortgage or charge any of its real or personal property.

The Council may establish in the name of the Council at any branch or branches of a bank to be approved by the Minister of Finance such accounts as it deems necessary or convenient for the exercise of its powers under this Act, and may authorize the accounts to be operated on respectively by such person or persons as the Council from time to time appoints for that purpose.

The Council may from time to time establish such special funds or reserves as it deems necessary or expedient for any purpose contemplated by this Act.

Any moneys belonging to the Council and available for investment, including any moneys for the time being at credit in any special fund or reserve account, may be invested by the Council—

The Council may in any financial year expend out of its general fund for purposes not authorized by this or any other Act any sum or sums not amounting in the whole to more than fifty pounds.

There shall be paid to the Chairman and to the other members of the Council, and to the members of any committee appointed by the Council, such remuneration by way of fees or allowances as the Minister of Finance from time to time approves.

The members of the Council or of any committee appointed by the Council shall be paid such travelling expenses and allowances as may from time to time be prescribed by regulations made under this Act.

All payments under this section shall be made out of the funds of the Council.

The accounts of the Council shall be subject to audit in the same manner in all respects as if the moneys of the Council were public moneys within the meaning of the Public Revenues Act, 1926.

As soon as may be practicable after the end of every financial year the Council shall furnish to the Minister a report of the operations of the Council during that year. The report shall contain a statement, in such form as the Minister of Finance from time to time approves or directs, of the total assets and liabilities as at the end of the year, together with an account of the receipts and payments and of income and expenditure showing the financial transactions for the year. A copy of the report shall at the same time be sent to each of the contributory Boards.

A copy of the report shall be laid before Parliament.

The Governor-General from time to time, by Order in Council, may make regulations for any purpose for which regulations are contemplated by this Act, and may make all such other regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

All regulations made under this section shall be laid before Parliament within fourteen days after the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within fourteen days after the commencement of the next ensuing session.

Every person commits an offence against this Act and shall be liable on summary conviction to a fine not exceeding twenty pounds who, for the purpose of obtaining any payment or bursary or any other benefit under this Act, for himself or for any other person, makes any false statement to or otherwise misleads or attempts to mislead the Council or any officer of the Council or any other person whomsoever.