Taratahi Agricultural Training Centre (Wairarapa) Act 1969

Reprint as at 1 April 2020

Coat of Arms of New Zealand

Taratahi Agricultural Training Centre (Wairarapa) Act 1969

Public Act
 
1969 No 138
Date of assent
 
24 October 1969
Commencement
 
see section 1(2)

Act name: substituted, on 22 October 1981, by section 2(1) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

An Act to make provision for the control and management of the Taratahi Agricultural Training Centre (Wairarapa) and for matters incidental thereto

Title: amended, on 22 October 1981, by section 2(2) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Preamble

Whereas the lands described in the Schedule and known as the Wairarapa Cadet Training Farm and certain livestock were in the year 1918 conveyed as a gift to the Crown by certain residents of the Wairarapa district to be held upon the following trusts:

(a)

as a demonstration farm to provide in a practical and efficient manner an object lesson to learners and to farmers in sound, practical, modern profit-earning farming practice, nothing to be done either in the shape of erection of farm buildings or farming methods which is not within the capacity, financially, of the ordinary farmer:

(b)

as a place for accommodating returned soldiers desirous of learning good farming methods and giving them all facilities for doing so:

(c)

as a place for training youths in modern practical farming practice:

(d)

for furthering the advancement of practical farming methods generally, thereby assisting to stimulate increased production:

And whereas the training centre and the stock and implements thereon and other personal property have been and are being administered on behalf of the Crown by a committee of trustees in accordance with the terms of the trust:

And whereas a plan of development has been prepared in respect of the training centre in order to increase its productivity, to upgrade its facilities, and to improve the finances of the farming and training programmes, which plan will require the provision of additional finance:

And whereas it is desirable that for this purpose the committee of trustees be incorporated and the training centre and the personal property subject to the trusts be vested in the corporate body.

Preamble: amended, on 22 October 1981, pursuant to section 3(2)(a) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

 
1 Short Title and commencement

(1)

This Act may be cited as the Taratahi Agricultural Training Centre (Wairarapa) Act 1969.

(2)

This Act shall come into force on 1 January 1970.

Section 1(1): amended, on 22 October 1981, by section 2(2) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

2 Interpretation

In this Act, unless the context otherwise requires,—

financial statements has the same meaning as in section 6 of the Financial Reporting Act 2013

generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

Minister means the responsible Minister

training centre means the Taratahi Agricultural Training Centre (Wairarapa) comprising the lands described in the Schedule

trust board means the Taratahi Agricultural Training Centre (Wairarapa) Trust Board established by this Act

Section 2 financial statements: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2 generally accepted accounting practice: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2 Minister: amended, on 1 July 1995, pursuant to section 6(1)(b) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31).

Section 2 training centre: inserted, on 22 October 1981, by section 3(1) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Section 2 training farm: repealed, on 22 October 1981, by section 3(1) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Section 2 trust board: substituted, on 22 October 1981, by section 3(1) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

3 Taratahi Agricultural Training Centre (Wairarapa) Trust Board

(1)

There is hereby constituted for the purposes of this Act a body corporate under the name of the Taratahi Agricultural Training Centre (Wairarapa) Trust Board, having perpetual succession and a common seal, and having power to hold real and personal property for the purposes of this Act, to sue and be sued, and, subject to this Act, to do and suffer all such acts and things as bodies corporate may do and suffer.

(2)

The trust board shall consist of—

(a)

1 member to be appointed on the nomination of the committee of the Masterton Agricultural and Pastoral Association:

(b)

1 member to be appointed on the nomination of the committee of the Wairarapa and East Coast Pastoral and Agricultural Society:

(c)

1 member to be appointed on the nomination of the Federated Farmers of New Zealand Wairarapa Provincial District Incorporated:

(d)

1 member appointed on the nomination of the workforce development council whose specified industry coverage includes agriculture:

(e)
[Repealed]

(f)

1 member to be appointed on the nomination of the Minister of Education:

(g)

the chief executive of the new Ministry:

(h)

2 other members.

(2A)

The Governor-General may from time to time, by Order in Council, amend any of paragraphs (a) to (d) of subsection (2) to provide for a change of name of any organisation referred to in those paragraphs or for another organisation to be a nominating organisation if the Governor-General considers that the other organisation is a clear successor to the first-mentioned organisation.

(2B)

An Order in Council made under subsection (2A) is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(3)

The members of the trust board other than the chief executive of the new Ministry shall be appointed by the Minister, they shall be appointed for a term of 4 years, and shall be eligible for reappointment:

provided that the members of the committee of trustees referred to in the Preamble holding office at the commencement of this Act shall be members of the trust board as if they had been appointed under this section, and, subject to section 4, shall hold office for the remainder of the term for which they were appointed to be members of that committee.

(4)

[Repealed]

Section 3 heading: amended, on 22 October 1981, pursuant to section 3(2)(b) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Section 3(1): amended, on 22 October 1981, pursuant to section 3(2)(b) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Section 3(2): substituted, on 8 March 1985, by section 2 of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1985 (1985 No 39).

Section 3(2)(d): replaced, on 1 April 2020, by section 78(1) of the Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1).

Section 3(2)(e): repealed, on 2 September 1996, by section 2(1)(b) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996 (1996 No 148).

Section 3(2)(g): amended, on 1 March 1998, pursuant to section 5(1)(a) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Section 3(2)(h): substituted, on 2 September 1996, by section 2(1)(c) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996 (1996 No 148).

Section 3(2A): inserted, on 2 September 1996, by section 2(2) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996 (1996 No 148).

Section 3(2B): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).

Section 3(3): amended, on 1 March 1998, pursuant to section 5(1)(a) of the Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100).

Section 3(4): repealed, on 12 December 2000, by section 3(2) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2000 (2000 No 83).

3A Deputy of chief executive of Ministry of Agriculture and Forestry

(1)

The chief executive of the Ministry of Agriculture and Forestry may from time to time in writing—

(a)

appoint an employee of the chief executive to act as the chief executive’s deputy for the purposes of this Act; or

(b)

cancel the appointment.

(2)

The deputy is entitled to act under this Act on behalf of the chief executive.

(3)

The deputy is not entitled to appoint any other deputy.

(4)

The fact that an employee of the chief executive exercises or performs any of the chief executive’s powers or functions under this Act is conclusive evidence of the employee’s appointment under subsection (1) as the chief executive’s deputy; and no act done by the employee as the chief executive’s deputy, and no act done by the trust board while the employee is acting as the chief executive’s deputy, may in any proceedings be questioned on the ground that the occasion for the employee’s so acting had not arisen or had ceased.

(5)

This section does not prevent the chief executive from exercising any power or performing any function conferred on the chief executive by this Act.

Section 3A: inserted, on 12 December 2000, by section 3(1) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2000 (2000 No 83).

4 Extraordinary vacancies

(1)

Any appointed member of the trust board may at any time be removed from office by the Minister for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister, or may at any time resign his office by writing addressed to the Minister.

(2)

If any appointed member of the trust board 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, subject to the provisions of this Act, hold office for the residue of the term for which his predecessor was appointed.

(3)

The powers of the trust board shall not be affected by any vacancy in its membership.

Section 4(1): amended, on 1 January 2002, by section 70(1) of the Human Rights Amendment Act 2001 (2001 No 96).

5 Chairman

(1)

At the first meeting of the trust board held after the commencement of this Act, at the first meeting of the board held after 30 June 1970, and at the first meeting of the board held after 30 June in every year thereafter, the board shall appoint one of its members to be chairman.

(2)

Any person appointed as chairman of the trust board shall hold office, while he continues to be a member of the board or unless he sooner resigns his office, until the appointment of his successor, and may be reappointed.

6 Meetings of trust board

(1)

The first meeting of the trust board shall be held at a time and place appointed by the person holding office at the commencement of this Act as the chairman of the committee of trustees referred to in the Preamble.

(2)

Subsequent meetings of the trust board shall be held at such times and places as the board or the chairman appoints from time to time.

(3)

The chairman of the trust board, or any 3 members thereof, may at any time call a meeting of the board.

(4)

At all meetings of the trust board, 4 members shall form a quorum.

(5)

In the absence of the chairman from any meeting of the trust board, the members present shall appoint one of their number to be the chairman of that meeting.

(6)

At any meeting of the trust board the chairman presiding at that meeting shall have a deliberative vote, and, in the case of an equality of the votes, shall also have a casting vote.

(7)

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

(8)

Subject to this section, the trust board shall determine its own procedure.

6A Fees and allowances of trust board members

(1)

The trust board is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951.

(2)

There shall be paid to each member of the trust board who is not an officer of the State services, out of the funds of the trust, remuneration by way of fees or allowances, and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly.

Section 6A: inserted, on 9 October 1975, by section 2 of the Wairarapa Cadet Training Farm Amendment Act 1975 (1975 No 110).

7 Functions of trust board

The functions of the trust board shall be to administer all real and personal property vested in it upon the trusts specified in the Preamble:

provided that for the purposes of this Act the expression modern practical farming practice in paragraph (c) of the Preamble shall include theoretical tuition and training.

8 Vesting of property in trust board

(1)

The land described in the Schedule is hereby vested in the trust board for an estate in fee simple, subject to the provisions of this Act.

(2)

All personal property vested in the Crown immediately before the commencement of this Act and held for the purposes of the trust specified in the Preamble is hereby vested in the trust board for the purposes of this Act.

(3)

If any question arises as to whether or not any personal property has vested in the trust board pursuant to subsection (2), that question shall be determined by the Minister, whose decision shall be final.

9 Powers of trust board

(1)

Subject to subsection (2), in the exercise of its functions the trust board shall have the following powers:

(a)

to farm, develop, and manage the training centre:

(b)

to sell, exchange, or otherwise deal with any of its personal property upon such terms and subject to such conditions as it determines:

(c)

to acquire, whether by purchase or otherwise, any personal property for its general purposes or for any particular purpose:

(d)

with the prior consent of the Minister, to acquire by purchase, gift, or otherwise howsoever any real property for its general purposes or for any particular purpose:

(e)

to erect, add to, or alter such buildings, other works, and improvements on the training centre as it considers necessary, expedient, incidental, or conducive to the functions of the trust board:

(f)

to maintain and keep in good order, condition, and repair all buildings, other works, and improvements vested in the trust board:

(g)

to appoint officers and servants at such salaries and upon such conditions as it thinks fit, and make contributions to the global asset trust or any pool of the global asset trust or any existing scheme for the purpose of providing retiring allowances for its officers and servants. The trust board is hereby declared to be a local authority for the purposes of the National Provident Fund Act 1950:

(h)

to insure against public liability, loss, or damage by fire or earthquake or such other risks as the trust board may from time to time consider necessary or expedient.

(2)

Except with the prior consent of the Minister, the board shall not—

(a)

incur capital expenditure exceeding $100,000 plus any goods and services tax payable on any one item of new buildings or equipment or any extension of existing capital works:

(b)

alter the mode of investment of any of its funds:

(c)

make any major policy change with respect to the use of the training centre.

(2A)

The trust board may, in any year ending with 30 June, expend out of the funds of the trust for purposes not authorised by this Act or by any other Act or law, such sum or sums as it thinks fit not amounting in the aggregate to more than $200.

Section 9(1)(a): amended, on 22 October 1981, pursuant to section 3(2)(a) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Section 9(1)(e): amended, on 22 October 1981, pursuant to section 3(2)(a) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Section 9(2)(a): amended, 19 December 2002, by section 3 of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2002 (2002 No 76).

Section 9(2)(c): amended, on 22 October 1981, by section 3(2)(a) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Section 9(1)(g): amended, on 7 September 1990, pursuant to section 34(b) of the National Provident Fund Restructuring Act 1990 (1990 No 126).

Section 9(2A): inserted, on 9 October 1975, by section 3(2) of the Wairarapa Cadet Training Farm Amendment Act 1975 (1975 No 110).

10 Training centre not to be sold or leased

Except with the prior consent of the Minister, the trust board shall not sell, exchange, or lease the training centre or any part thereof.

Section 10 heading: amended, on 22 October 1981, pursuant to section 3(2)(a) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

Section 10: amended, on 22 October 1981, pursuant to section 3(2)(a) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

11 Borrowing powers of trust board

(1)

The trust board may from time to time borrow money from its bankers by way of overdraft.

(2)

In addition to the power conferred by subsection (1), the trust board shall have power, with the prior consent of the Minister and upon and subject to such conditions as the Minister thinks fit, to borrow money for any of the purposes of the board.

(3)

For the purpose of securing the repayment of money borrowed pursuant to this section, the trust board may, with the prior consent of the Minister and upon and subject to such conditions as the Minister thinks fit, mortgage or charge any real or personal property owned by the board.

Section 11(3): amended, on 7 July 2010, by section 5 of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2010 (2010 No 89).

12 Contracts of trust board

(1)

The trust board is hereby declared to be a public body for the purposes of the Public Bodies Contracts Act 1959 and to be a local authority for the purposes of the Local Authorities (Members’ Interests) Act 1968.

(2)

Amendment(s) incorporated in the Act(s).

(3)

Amendment(s) incorporated in the Act(s).

13 Banking of money

(1)

All money belonging to the trust board shall, within 7 days after it has been received by the proper officer of the board, be paid into the account of the board at such bank as the board from time to time appoints.

(2)

No money shall be withdrawn from the bank except by authority of the trust board and by cheque signed and countersigned by at least 2 persons whom the board from time to time appoints for that purpose.

14 Accounting records must be kept

(1)

The trust board must ensure that there are kept at all times accounting records that—

(a)

correctly record the transactions of the trust board; and

(b)

will enable the trust board to ensure that the financial statements of the trust board comply with this Act; and

(c)

will enable the financial statements of the trust board to be readily and properly audited.

(2)

The trust board must establish and maintain a satisfactory system of control of those accounting records.

(3)

The accounting records must be kept—

(a)

in written form in English; or

(b)

in a form or manner in which they are easily accessible and convertible into written form in English.

Section 14: replaced, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

14A Financial statements must be prepared

The trust board must ensure that, within 3 months after the end of the financial year ending on 31 December, financial statements that comply with generally accepted accounting practice are—

(a)

completed in relation to the trust board and that financial year; and

(b)

dated and signed on behalf of the trust board by 2 members of the trust board.

Section 14A: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

14B Financial statements must be audited

(1)

The trust board must ensure that the financial statements of the trust board are audited.

(2)

The trust board is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor.

Section 14B: inserted, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

15 Exemption from land tax and income tax

The trust board is hereby declared to be exempt from the payment of land tax and income tax.

16 Members not personally liable

No member of the trust board shall be personally liable for any act done or omitted by the board or by any member thereof in good faith in the course of the operations of the board.

17 Annual report

The trust board must provide to the Minister a report of its operations during each year ending on 31 December, a copy of its financial statements for that year, and a copy of the audit report on those statements, as soon as practicable after the end of that year.

Section 17: replaced, on 1 April 2014, by section 125 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Schedule Lands comprising the Taratahi Agricultural Training Centre (Wairarapa)

ss 2, 8

Schedule heading: amended, on 22 October 1981, pursuant to section 3(2)(b) of the Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97).

(a)

All that area of land in the Wellington Land District containing 409 acres, 1 rood, and 15 perches, more or less, situated in Block VIII, Tiffin Survey District, being Sections 55 to 58 inclusive on the plan of the Taratahi Plain Block, and being the whole of the land comprised and described in certificate of title, Volume 188, folio 285, Wellington Land Registry.

(b)

All that area of land in the Wellington Land District containing 329 acres, 2 roods, and 25 perches, more or less, situated in the Tiffin and Otahoua Survey Districts, being Sections 51 and 59 on the plan of the Taratahi Plain Block, and also a piece of land situated between the said sections and the bed of the Waingawa River and formed by accretion, and being the whole of the land comprised and described in certificate of title, Volume 188, folio 286, Wellington Land Registry.

Reprints notes
1 General

This is a reprint of the Taratahi Agricultural Training Centre (Wairarapa) Act 1969 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Education (Vocational Education and Training Reform) Amendment Act 2020 (2020 No 1): section 78(1)

Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102): section 125

Legislation Act 2012 (2012 No 119): section 77(3)

Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2010 (2010 No 89)

Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2002 (2002 No 76)

Human Rights Amendment Act 2001 (2001 No 96): section 70(1)

Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2000 (2000 No 83)

Ministries of Agriculture and Forestry (Restructuring) Act 1997 (1997 No 100): section 5(1)(a)

Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996 (1996 No 148)

Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31): section 6(1)(b)

Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1985 (1985 No 39)

Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 (1981 No 97)

Wairarapa Cadet Training Farm Amendment Act 1975 (1975 No 110)