Version as at 28 October 2021

Coat of Arms of New Zealand

Anzac Day Act 1966

Public Act
 
1966 No 44
Date of assent
 
14 October 1966
Commencement
 
14 October 1966
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry for Culture and Heritage.

An Act to make provision regarding the observance of Anzac Day

 
1 Short Title

This Act may be cited as the Anzac Day Act 1966.

2 Anzac Day to be a day of commemoration

(1)

In commemoration of the part taken by New Zealand servicemen and servicewomen in—

(a)

the First and Second World Wars; and

(b)

the South African War; and

(c)

the Korean War; and

(d)

the war in Malaya/Borneo; and

(e)

the war in South Vietnam—

and in memory of those who at any time have given their lives for New Zealand and the British Empire or Commonwealth of Nations, 25 April in each year (being the anniversary of the first landing of troops from the United Kingdom, Australia, and New Zealand on Gallipoli) shall be known as Anzac Day, and shall be a day of commemoration.

(2)

The Governor-General may from time to time, by Order in Council, amend subsection (1) by adding to the list of conflicts referred to in that subsection.

(3)

An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 2: substituted, on 2 September 1996, by section 2 of the Anzac Day Amendment Act 1996 (1996 No 107).

Section 2(3): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

3 Observance of Anzac Day

(1)

Where Anzac Day falls on a Sunday it shall be observed as a Sunday.

(2)

Where Anzac Day does not fall on a Sunday, it shall be observed up to 1 o’clock in the afternoon as if it were a Sunday, and after that hour on that day such activities shall be permitted as may lawfully take place after noon on a Saturday.

Compare: 1949 No 15 s 2

Section 3(2): amended, on 1 August 1990, by section 6(2) of the Shop Trading Hours Act Repeal Act 1990 (1990 No 57).

4 Application to terms of employment
[Repealed]

Section 4: repealed, on 1 April 2004, by section 91(1) of the Holidays Act 2003 (2003 No 129).

5 Anzac Day trusts

(1)

The New Zealand Returned Services’ Association (Incorporated) may, either itself or acting in conjunction with any organisation not prohibited from so doing, take steps to set up a trust in accordance with this section, and may appoint trustees to receive donations and grants from time to time for such specified charitable purposes as are publicly notified by the trustees before Anzac Day in any year as the purposes for which donations and grants to them in that year will be applied.

(2)

Any local Returned Services’ Association affiliated with the New Zealand Returned Services’ Association (Incorporated) may, either itself or acting in conjunction with any organisation not prohibited from so doing, take steps to set up a trust in accordance with this section, and may appoint trustees to receive donations and grants from time to time for such specified charitable purposes as are publicly notified by the trustees before Anzac Day in any year as the purposes for which donations and grants to them in that year will be applied.

(3)

Any such trustees may receive donations and grants from persons, companies, and societies, whether incorporated or not, carrying out activities on Anzac Day at a profit, and from other persons and public bodies.

(4)

Subject to the provisions of subsection (5), in any case where steps are taken under this section to set up a trust, the body or bodies taking the steps may execute an instrument appointing trustees of all donations and grants made to the trustees under this section and providing for the administration of the money and property to be held by the trustees and for their powers in respect thereof.

(5)

All money and property held by any trustees who are appointed as aforesaid shall be applied at the discretion of the trustees for the specified charitable purposes for which they were received as aforesaid by the trustees.

5A Relationship with Holidays Act 2003

This Act is subject to section 45A of the Holidays Act 2003 (which concerns the transfer of the public holiday for the purposes of Part 2, subpart 3 of that Act when Anzac Day falls on a Saturday or a Sunday).

Section 5A: inserted, on 1 January 2014, by section 6 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

6 Repeal

The Anzac Day Act 1949 is hereby consequentially repealed.

Notes
1 General

This is a consolidation of the Anzac Day Act 1966 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Secondary Legislation Act 2021 (2021 No 7): section 3

Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19): section 6

Holidays Act 2003 (2003 No 129): section 91(1)

Anzac Day Amendment Act 1996 (1996 No 107)

Shop Trading Hours Act Repeal Act 1990 (1990 No 57): section 6(2)