There is hereby established for the purposes of this Part of this Act a Primary Teachers Appeal Board for each education district, to be called the [Name of district] Primary Teachers Appeal Board.

Each Primary Teachers Appeal Board shall consist of—

The members of every such Appeal Board shall be appointed by the Minister for a term of three years, and may from time to time be reappointed.

In the event of the incapacity of any member of any such Appeal Board by reason of illness, or if from any other cause whatever any member of any such Appeal Board is not available, another person may be appointed in the same manner as that member to act in the place of that member while he is incapacitated or not available.

The members of any such Appeal Board may be paid out of moneys appropriated by Parliament for the purpose such fees, travelling-expenses, and allowances as the Minister of Finance may determine.

Each Primary Teachers Appeal Board shall hold its sittings at such times and places as the Chairman may from time to time determine.

The decision of any two members of any such Appeal Board shall be the decision of that Board.

Except in exceptional circumstances, of which the Board determining the appeal shall be judge, no witnesses shall be heard on any appeal under this Part of this Act. In any case where any witnesses may be so heard the Primary Teachers Appeal Board may summon those witnesses and examine them on oath or otherwise.

On any such appeal the applicant may appear in person or may be represented by any teacher or by any officer of the New Zealand Educational Institute or of any society registered under section one hundred and thirty-eight of the principal Act; and the authority which made the appointment shall be represented by a member or an officer of that authority.

Subject to the provisions of this Part of this Act, every Primary Teachers Appeal Board may regulate its own procedure.

Where applications are invited for a position in a public school, intermediate school, intermediate department, Maori school, or for a position as a teacher in any school under the control of the Department of Education, or for a position as teacher of a special subject in the Department of Education, and the position is to be filled by the applicant who is highest on the graded list of teachers for the time being in force under the Education (Grading of Public-school Teachers) Regulations 1948 unless in the opinion of the appointing authority some other applicant is more suitable for the position the following provisions shall apply:—

Every appellant shall be granted leave of absence if necessary in order to attend the hearing of his appeal.

Where an appointing authority makes a provisional appointment against which an appeal lies under the last preceding section, that authority shall, as soon as possible after making the appointment, give notice by registered letter requiring an acknowledgment receipt to every person who has a right of appeal under that section against the appointment and shall state in the notice the reason for not appointing that person.

Notice of appeal under this Part of this Act against a provisional appointment to any position in any school or department shall be forwarded to the appointing authority not later than seven days after the date on which a receipt for the said registered letter, signed or purporting to be signed by or on behalf of the person to whom the letter is addressed, is given to a Post officer.

Every notice of appeal received by an appointing authority shall forthwith be forwarded by that authority to the Chairman of the Primary Teachers Appeal Board for the district in which that school or department is situated.

The appointing authority shall, as soon as practicable after receipt of a notice of appeal, send to the Chairman of the said Primary Teachers Appeal Board a statement in reply to the appeal.

The Primary Teachers Appeal Board to which any notice of appeal is forwarded under this section shall determine that appeal in accordance with the provisions of this Part of this Act.

In the event of any appeal to any Primary Teachers Appeal Board against any appointment, that Appeal Board, after considering every appeal against the appointment, shall either allow or dismiss each appeal. If any appeal is allowed the appropriate appointing authority shall forthwith appoint the successful appellant to the position and shall cancel the provisional appointment. No appeal shall lie against any appointment under this subsection.

Subsection six of section thirty-three of the principal Act, as substituted by section nine of the Statute Law Amendment Act, 1917, is hereby amended—

Subsection six a of section thirty-three of the principal Act, as inserted by section nine of the Statute Law Amendment Act, 1917, is hereby repealed, and the following subsections are substituted therefor:—

Section four of the Education Amendment Act, 1921–22, is hereby repealed.

Notwithstanding the provisions of section thirty-five of the principal Act, any Education Board may, pursuant to a resolution in that behalf, establish an Imprest Account, which shall, as the Board may determine, be kept in the Post Office Savings-bank or in any bank within the meaning of the Banking Act, 1908.

The Imprest Account may be held jointly in the names of, and be operated on by, the Secretary and one other person to be appointed in that behalf by the Board, or may, with the express approval in writing of the Audit Office but not otherwise, be in the sole name of, and be operated on by, the Secretary or other approved officer of the Board. Where the Imprest Account is held jointly in the names of the Secretary and one other person as aforesaid, the last-mentioned person shall be either a responsible officer of the Board or a member of the Board.

The Board shall from time to time by resolution fix the maximum amount that may be held at any time in the Imprest Account, and the amount so fixed shall not exceed such amount as the Audit Office may from time to time approve.

Moneys in the Imprest Account shall be available only for the payment of wages and emergency expenditure. A statement of all payments made from the Imprest Account shall be submitted to the Board for approval at its first ordinary meeting thereafter. The payment of moneys out of the Imprest Account for any purpose not hereby authorized shall be deemed to be a misappropriation of the funds of the Board.

Section thirty-seven of the principal Act is hereby amended:—

Section forty-two of the principal Act is hereby amended by repealing paragraph (a).

Section seventy-two of the principal Act is hereby amended by adding the following subsection:—

Section four of the Education Amendment Act, 1924, is hereby amended by repealing subsection two.

Section four of the Education Amendment Act. 1924, is hereby further amended by adding the following subsection:—

Section five of the Education Amendment Act, 1936, is hereby amended—

Section twelve of the Statutes Amendment Act, 1941, is hereby amended by adding to subsection two the following proviso:—

Section twelve of the Statutes Amendment Act, 1941, is hereby further amended by inserting, after subsection three, the following subsections:—

On and after the first day of February, nineteen hundred and fifty,—

Section three of the Whangarei High School Act, 1878, is hereby amended by omitting the words “seven persons, of whom one shall be the Chairman of the County Council for the time being, two shall be nominated from time to time by the Governors of the Auckland College and Grammar School”, and substituting the words “nine persons, of whom one shall be nominated from time to time by the Whangarei County Council, one shall be nominated from time to time by the Whangarei Borough Council, three shall be elected from time to time by the parents of the pupils in the manner prescribed by the scheme referred to in section ninety-two of the Education Act, 1914”.

Section four of the Whangarei High School Act, 1878, is hereby amended—

This section shall come into force on the first day of August, nineteen hundred and forty-nine.

Section seventeen of the Statutes Amendment Act, 1944, is hereby amended by omitting from subsection one the words “for any purpose approved by him”, and substituting the words “from the Department for any purpose approved by him; and the Department is hereby authorized to make advances on such terms as the Minister of Finance may approve to any Board for any such purpose out of moneys appropriated by Parliament for the purpose”.

Where the governing body of any secondary school (other than the Christchurch Post-primary Schools Board) is in control of three or more schools, notwithstanding anything to the contrary in the principal Act or in any other Act or in the scheme for the control of the schools approved by the Minister under section ninety-two of the principal Act, the parents of the pupils of each of the schools shall elect one member of the governing body in the manner prescribed by the said scheme as modified by this subsection, and no other members shall be elected by the parents of the pupils of the schools.

Except as provided in the last preceding subsection, all the provisions of the principal Act relating to the election of the members of the governing body by the parents of the pupils of the schools, and to the members so elected, shall apply to the election of members under the last preceding subsection and to those members.

Notwithstanding anything to the contrary in this or any other Act or in any such scheme, the members of any governing body to which that subsection applies who have been elected by the parents of the pupils of the schools and are in office at the commencement of this Act shall continue in office until the thirtieth day of June, nineteen hundred and forty-nine, and they shall then all go out of office, and where any governing body is first in control of three or more schools after the passing of this Act the members of that body elected by the parents of the pupils of the schools shall continue in office until a date fixed in that behalf by the Minister and they shall then all go out of office.

There is hereby established for the purposes of this section a Board of Governors to be called the Christchurch Post-primary Schools Board (in this section referred to as the Board of Governors).

The Board of Governors shall be a body corporate, and shall have power to hold land, and power to purchase, take, or otherwise acquire land as for a public work under the Public Works Act, 1928, as sites for any schoolhouse, teacher’s residence, house for any member of the staff of any school to which this section applies, hostel for students, or for any other building required for any purpose in connection with any such school. It may sue and be sued, and may do and suffer all such acts and things as bodies corporate may do and suffer.

The Board of Governors shall consist of—

Every member of the Board of Governors shall be appointed for a term of three years but may from time to time be reappointed.

The functions of the Board of Governors shall be—

For the purposes of section one hundred of the principal Act the Board of Governors shall be the governing body of each of the schools to which this section applies.

All salaries and wages payable to the staff of the office of the Board of Governors, and all expenses properly incurred by that Board in establishing and maintaining its office, shall be paid out of the moneys from time to time appropriated by Parliament for the incidental expenses of those schools rateably in proportion to the amounts so appropriated to each school.

There shall be a Board of Managers for each of the schools to which this section applies: and notwithstanding anything contained in the principal Act the Governor-General may from time to time make regulations constituting, or providing for the constitution, election, or appointment of the Board of Managers of each such school.

This section shall apply to the following schools, namely:—

On and after the first day of April, nineteen hundred and forty-nine, the Christchurch Boys’ High School, the Christchurch Girls’ High School, the Avonside Girls’ High School, and the Christchurch West High School shall cease to be controlled by the Canterbury University College Council, and the Christchurch Technical School and the Papanui Technical School shall cease to be controlled by the Christchurch and Papanui Technical Schools Board, and the Board of Managers appointed under this section for each of those schools shall control and be the governing body of the school except in respect of matters which come within the functions of the Board of Governors.

The Board of Managers of every school to which this section is made to apply by the Minister by notice in the Gazette shall control and be the governing body of the school except in respect of matters which come within the functions of the Board of Governors, as from the date to be specified in the notice.

Subject to the provisions of this section each of the schools to which this section applies other than technical schools shall be controlled in accordance with a scheme approved by the Minister under section ninety-two of the principal Act, and until such a scheme has been so approved it shall be controlled in such manner as the Minister may approve.

Until each Board to which this section applies holds its first meeting the Minister may perform and exercise such of the functions and powers of that Board as he thinks fit.

On and after the first day of April, nineteen hundred and forty-nine, all the estate and interest of the Canterbury University College Council in any land which is held by the Council for any purpose in connection with the Christchurch Boys’ High School, the Christchurch Girls’ High School, the Avonside Girls’ High School, and the Christchurch West High School, and which is not used as the site, ground, or playing area of any of those schools, or for a residence or hostel for the teachers, staff, or pupils of any of those schools, or for outdoor classes, instruction, practical teaching, or experimentation in connection with any of those schools, or for any purpose ancillary to any of those purposes, shall be freed from all trusts in favour of those schools and shall be held by the Canterbury University College Council, subject to all other charges, encumbrances, estates, and interests then affecting the same, and together with all the estate and interest in any such land to which those schools were theretofore entitled, upon trust to pay out of the income and if necessary the capital thereof all principal, interest, and other moneys owing on the first day of April, nineteen hundred and forty-nine, to the Public Trustee under Memorandum of Mortgage number 176715, Canterbury Registry, and subject thereto upon trust for the general purposes of the Canterbury University College. In the event of any doubt or dispute as to whether this subsection applies to any estate or interest in any land held by the Canterbury University College Council, the question shall be referred to the Minister and his decision shall be final.

On and after the first day of April, nineteen hundred and forty-nine, all other real and personal property of every description vested in the Canterbury University College Council for any purpose in connection with the schools mentioned in the last preceding subsection shall vest without conveyance or assignment in the Board of Governors for like purposes, and the District Land Registrar for the Land Registration District of Christchurch shall, on written application by the Board of Governors, make such entries in the register and generally do all such things as may be necessary to give full effect to the provisions of this subsection.

Where under any gift, devise, bequest, or trust any property or income is to be transferred or paid to the Canterbury University College Council on or after the first day of April, nineteen hundred and forty-nine, for any purpose in connection with the schools mentioned in subsection fourteen of this section, that property or income shall be transferred or paid to the Board of Governors for a like purpose; and where under any gift, devise, bequest, or trust any executors, trustees, or other persons are empowered to transfer or pay property or income to the Canterbury University College Council on or after the first day of April, nineteen hundred and forty-nine, for any such purpose, that power shall be deemed a power to pay or transfer the property or income to the Board of Governors for a like purpose.

Subject to the provisions of this section all the provisions of the principal Act relating to secondary schools shall apply to the secondary schools to which this section applies, and all the provisions of the principal Act relating to the technical schools shall apply to the technical schools to which this section applies.

The following enactments are hereby repealed as from the first day of April, nineteen hundred and forty-nine:—

1878, No. XXX (Local)

1944, No. 25

In this section, unless the context otherwise requires, the expression “University college” means the Auckland University College, the Victoria University College, the Canterbury University College, the University of Otago, the Massey Agricultural College, or the Canterbury Agricultural College; and includes any other college that may be established as part of or in connection with the University of New Zealand or the New Zealand School of Agriculture.

Without limiting or in any way affecting any other powers conferred upon any University college by any Act or by law, and notwithstanding anything to the contrary in any Act, it is hereby declared that, subject to the provisions of this section, the Council, Board, or other governing body of any University college may do all or any of the following things on behalf of and for the purposes of that college, namely:—

Ibid., Vol. IV, p. 1031

Before the Council, Board, or other governing body of any University college exercises the power to borrow money conferred by this section it shall obtain the consent of the Minister of Education and the sanction of the Local Government Loans Board. With respect to any application for its sanction, the Local Government Loans Board shall have the same powers of investigation as are conferred on it by the Local Government Loans Board Act, 1926, and may, if it grants its sanction, impose such conditions as it thinks fit for the repayment of the money borrowed.

The Department of Education is hereby empowered to make advances on such terms as the Minister of Finance may approve to the governing body of any University college for the purposes of that college out of moneys appropriated by Parliament for the purpose.