Transitory provisions

Extraordinary vacancies

Quorum at meetings of Council

Annual meeting of delegates

New sections inserted

Postal voting

Retirement of members

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Veterinary Services Amendment Act 1959

Public Act		1959 No 101
Date of assent		23 October 1959

An Act to amend the Veterinary Services Act 1946

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title and commencement

(1)

This act may be cited as the Veterinary Services Amendment Act 1959, and shall be read together with and deemed part of the Veterinary Services Act 1946 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the thirtieth day of June, nineteen hundred and sixty.

2 Constitution of Council

(1)

Section three of the principal Act, as amended by section two of the Veterinary Services Amendment Act 1948, is hereby further amended by repealing subsection two, and substituting the following subsections:

“(2)

The Council shall consist of—

“(a)

Three members who shall be appointed as representatives of the New Zealand Government:

“(b)

One member, being a farmer, who shall be elected as representing farmers’ veterinary clubs and associations and other like bodies in the Auckland Provincial District:

“(c)

One member, being a farmer, who shall be elected as representing farmers’ veterinary clubs and associations and other like bodies in the North Island, excluding the Auckland Provincial District:

“(d)

One member, being a farmer, who shall be elected as representing farmers’ veterinary clubs and associations and other like bodies in the South Island:

“(e)

Two members, being veterinary surgeons employed by farmers’ veterinary clubs or associations or other like bodies, who shall be elected as representing farmers’ veterinary clubs and associations and other like bodies in New Zealand:

“(f)

Two members who shall be appointed as representatives of the Dairy Board on the nomination of that Board:

“(g)

One member who shall be appointed as the representative of the Meat Producers Board on the nomination of that Board:

“(h)

One member who shall be appointed as the representative of the Wool Board on the nomination of that Board:

“(i)

One member who shall be appointed as the representative of the New Zealand Veterinary Association Incorporated on the nomination of that Association.

“(2A)

The members of the Council to be appointed as aforesaid shall be appointed by the Governor-General on the recommendation of the Minister.”

(2)

Section two of the Veterinary Services Amendment Act 1948 is hereby consequentially amended by repealing subsections one and two.

3 Term of office of members of Council

The principal Act is hereby amended by repealing section four, and substituting the following section:

“4

“(1)

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

“(2)

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.”

4 Transitory provisions

(1)

Notwithstanding the provisions of this Act, every member of the Council in office immediately before the commencement of this Act and appointed under any of the provisions of paragraphs (a), (c), (d), (e), and (f) of subsection two of section three of the principal Act, as repealed by subsection one of section two of this Act, shall be deemed to have been duly appointed under the corresponding provision of paragraphs (a), (f), (g), (h), and (i) of subsection two of section three of the principal Act, as substituted by subsection one of section two of this Act.

(2)

The term of office of every person deemed by subsection one of this section to have been appointed to the Council shall expire on the date on which, but for the passing of this Act, his term would have expired under the provisions of the principal Act.

5 Extraordinary vacancies

(1)

Section five of the principal Act, as amended by subsection three of section two of the Veterinary Services Amendment Act 1948, is hereby amended by repealing subsection two, and substituting the following subsection:

“(2)

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 or election to the vacant office was originally made. Every person so appointed or elected shall be appointed or elected for the residue of the term for which his predecessor was appointed or elected:

“Provided that, if at any time a vacancy is so created in the office of any member elected under any of the provisions of paragraphs (b), (c), (d), and (e) of subsection two of section three of this Act, it shall not be necessary for any person to be elected to fill the vacancy, unless the Council determines otherwise, until the next meeting of delegates has been held pursuant to section twelve A of this Act; and until that time the vacancy may be temporarily filled by the appointment of some qualified person nominated by the Council, who shall hold office until a member is elected to fill the vacancy.”

(2)

Section two of the Veterinary Services Amendment Act 1948 is hereby consequentially amended by repealing subsection three.

6 Quorum at meetings of Council

Section eight of the principal Act is hereby amended by omitting from subsection four the word “five”, and substituting the word “seven”.

7 Annual meeting of delegates

(1)

Section twelve A of the principal Act, as inserted by section three of the Veterinary Services Amendment Act 1948, is hereby amended by repealing subsection four.

(2)

Section twelve A of the principal Act is hereby further amended by omitting from subsection seven the word “twenty-one”, and substituting the word “twenty-eight”.

8 New sections inserted

The principal Act is hereby further amended by inserting, after section twelve A, the following sections:

“12B Nomination of Farmers and Veterinary Surgeons for Election to Council

“(1)

Whenever it is necessary for any person to be elected under paragraph (b), paragraph (c), or paragraph (d) of subsection two of section three of this Act, the executive committee of every farmers’ veterinary club or association or other like body which is entitled under subsection five of section twelve A of this Act to send one or more delegates to a meeting held pursuant to that section and has its headquarters in the part of New Zealand mentioned in the paragraph under which the person is to be appointed shall be entitled to nominate any person, being a farmer, as a candidate for election under that paragraph.

“(2)

Whenever it is necessary for any person to be elected under paragraph (e) of subsection two of section three of this Act, any veterinary surgeon employed by any farmers’ veterinary club or association or other like body which is entitled under subsection five of section twelve A of this Act to send one or more delegates to a meeting held pursuant to that section, shall be entitled to nominate any person, being a veterinary surgeon, employed by any farmers’ veterinary club or association or other like body, as a candidate for election under that paragraph. If it is necessary to elect two persons at the same time under that paragraph then each such veterinary surgeon shall be entitled to nominate two such persons.

“(3)

Unless a system of postal voting is to be used for the election, the name of any person nominated in accordance with the foregoing provisions of this section shall be forwarded so as to reach the Council not later than twenty-one days before the day appointed for the holding of the meeting required by subsection one of section twelve A of this Act.”

“12C Election of farmers and veterinary surgeons to Council

“(1)

Whenever it is necessary for any person to be elected under paragraph (b), paragraph (c), or paragraph (d) of subsection two of section three of this Act, at any meeting held pursuant to subsection one of section twelve A of this Act, such of the delegates then present from the farmers’ veterinary clubs and associations and other like bodies having their headquarters in the part of New Zealand mentioned in the paragraph under which the person is to be elected as are farmers, shall proceed to elect by ballot from among the candidates nominated in accordance with the provisions of subsection one of section twelve B of this Act the person to hold office under that paragraph, and the candidate who receives the greatest number of valid votes cast in the ballot shall forthwith be declared to be elected.

“(2)

Whenever it is necessary for a person or persons to be elected under paragraph (e) of subsection two of section three of this Act, at any meeting held pursuant to subsection one of section twelve A of this Act, such of the delegates then present as are veterinary surgeons shall proceed to elect by ballot from among the candidates nominated in accordance with the provisions of subsection two of section twelve B of this Act the person or persons to hold office under that paragraph, and the candidate or the two candidates, as the case may require, who receive the greatest number of valid votes cast in the ballot shall forthwith be declared to be elected.

“(3)

If in any ballot held under subsection one or subsection two of this section, two or more candidates receive an equal number of votes the candidate or candidates to be elected shall be determined by lot if it is necessary for the purpose of determining the election.”

9 Postal voting

Notwithstanding the provisions of section twelve C of the principal Act, as inserted by section eight of this Act, the first election of the members of the Council to hold office under any of the provisions of paragraphs (b), (c), (d), and (e) of subsection two of section three of the principal Act, as substituted by subsection one of section two of this Act, shall be conducted under a system of postal voting to be prescribed by regulations made under the principal Act, and in respect of any subsequent election the Council may, by resolution, determine that that system shall be used.

10 Retirement of members

(1)

With respect to the first members of the Council elected under paragraph (b), paragraph (c), and paragraph (d) of subsection two of section three of the principal Act, as substituted by subsection one of section two of this Act, the following provisions shall apply:

(a)

The term of office of one member shall expire with the thirtieth day of June, nineteen hundred and sixty-one, the term of office of another member shall expire with the thirtieth day of June, nineteen hundred and sixty-two, and the term of office of the other member shall expire with the thirtieth day of June, nineteen hundred and sixty-three:

(b)

The member whose term is to expire with the thirtieth day of June, nineteen hundred and sixty-one, shall be determined by agreement of the three members, and the member whose term is to expire with the thirtieth day of June, nineteen hundred and sixty-two, shall be determined by agreement of the two members then remaining, and failing agreement on either occasion the member then to retire shall be determined by lot.

(2)

With respect to the first members of the Council elected under paragraph (e) of subsection two of section three of the principal Act, as substituted by subsection one of section two of this Act, the following provisions shall apply:

(a)

The term of office of one member shall expire with the thirtieth day of June, nineteen hundred and sixty-two, and the term of office of the other member all expire with the thirtieth day of June, nineteen hundred and sixty-three:

(b)

The member whose term is to expire with the thirtieth day of June, nineteen hundred and sixty-two, shall be determined by agreement of the two members, and failing agreement the member then to retire shall be determined by lot.

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Veterinary Services Amendment Act 1959