For the purposes of this Act New Zealand shall be divided into provincial districts with the names specified in Schedule 1 and with such boundaries as are specified in that behalf by the Minister by notice published in the Gazette.

The Minister may from time to time, by notice published in the Gazette, declare any 2 or more provincial districts to be united and to form 1 provincial district.

Every notice given under this section shall specify the name and boundaries of the new district and the date from which the new district is constituted.

Every new district constituted under this section shall be deemed to be a provincial district established under this Act, and the provisions of this Act shall apply thereto accordingly.

The Minister may from time to time, by notice published in the Gazette, alter and redefine the boundaries of any provincial district by the inclusion therein or the exclusion therefrom of any area.

Every notice given under this section shall define the boundaries of any area thereby included in or excluded from any district, and the altered boundaries so defined shall, as from the taking effect of the notice, be the boundaries of the districts specified therein.

Regulations made under this Act may provide for all necessary financial and other adjustments consequential on the constitution of new provincial districts under section 12 or on the alteration of the boundaries of provincial districts under section 13.

There is hereby constituted for the purposes of this Act, for each provincial district a Provincial Patriotic Council, which shall be a body corporate under the name of the [name of district] Provincial Patriotic Council, having perpetual succession and a common seal, and being capable of holding real and personal property and of doing and suffering all that bodies corporate may do and suffer.

The Council shall be constituted in such manner as may be prescribed by rules made under this section:

provided that the Council shall include 1 or more discharged servicemen appointed to represent the discharged servicemen’s organisations in that district.

The Council shall not later than 1 August 1948 prepare and submit to the Minister for his approval rules defining the constitution of the Council, which shall make provision for—

The Council may from time to time vary, revoke, or add to any of its rules made under this section.

No such rules and no such variation, revocation, or addition shall come into force until approved by the Minister, who, before approving the same, may require the Council to make such amendments therein or additions thereto as he thinks fit.

If the Council fails to comply with any of the provisions of this section, the Minister may make such rules as he thinks fit in respect of any of the matters specified in subsection (2) and all rules so made shall have effect as if they had been made by the Council under this section and approved by the Minister.

The rules of the Council made under the Regulations and in force immediately before the commencement of this Act shall, so far as they provide for any of the matters specified in subsection (2), enure for the purposes of this section until they are revoked or superseded by rules made under this section.

Every new Council formed by the union of 2 or more provincial districts shall, within 3 months after the holding of the first meeting of the new Council, prepare and submit to the Minister for his approval rules defining the constitution of that new Council which shall make provision for all the matters specified in section 17 and all the provisions of that section shall, so far as applicable and with any necessary modifications, apply to the new Council as if it were a Provincial Patriotic Council constituted under section 15.

The functions of the Council shall be to administer the Provincial Fund for the provincial district in accordance with the provisions of this Act to the end that the moneys of the Provincial Fund shall be expended to the best advantage for—

A notice under subsection (1)(c) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The Council shall have the following powers:

The Council may appoint such officers and other servants as it deems necessary for the efficient carrying out of its functions under this Act and may pay them such remuneration as it thinks fit.

All real and personal property which immediately before the commencement of this Act is vested in a Provincial Patriotic Council constituted under the Regulations shall by force of this Act, and without conveyance, transfer, or assignment be deemed to be vested in the Council for that provincial district constituted under this Act for the estate and interest of that Provincial Patriotic Council therein, subject to all liabilities, charges, obligations, and trusts affecting the same.

On the commencement of this Act all the contracts, debts, and liabilities of the Provincial Patriotic Council constituted under the Regulations shall become the contracts, debts, and liabilities of the Council constituted under this Act.

The District Land Registrar shall, on written application under the seal of the Council, register the Council as proprietor of any estates or interests in land registered under the Land Transfer Act 1915 and vested in the Council by virtue of this Act.

There is hereby established for the purposes of this Act, for each provincial district, a fund to be called the [name of district] Provincial Patriotic Fund, which shall consist of—

All moneys which, if this section had not been passed, would have been payable into any Provincial Patriotic Fund under the Regulations shall be paid into the Provincial Fund under this Act of the provincial district concerned.

All moneys belonging to the Provincial Fund shall be paid into such bank within the meaning of the Banking Act 1908 as the Council may determine to the credit of an account to be known as the [name of district] Provincial Patriotic Fund Account.

No moneys shall be paid out of any such account except pursuant to a resolution of the Council or of a committee authorised for the purpose by the Council:

provided that no bank or payee or other person shall be concerned to inquire whether any cheque drawn on any such account has been authorised by a resolution of the Council or of such a committee:

provided that every payment authorised by a resolution of a committee under this subsection shall be submitted for approval at the next ordinary meeting of the Council.

Moneys belonging to any Provincial Fund may be paid out of any such account into any 1 or more subsidiary accounts established from time to time at the discretion of the Council at any trading bank under such appropriate names as the Council may approve or determine.

Each Provincial Patriotic Fund Account shall be operated on only by cheque or other instrument (not being a promissory note or bill) signed by the Treasurer of the Fund duly appointed by the Council or, in his absence, by such other person as the Council may appoint, and countersigned in each case by one of such members of the Council as the Council appoints for the purpose.

Every subsidiary account may be operated on by such person or persons as the Council may from time to time appoint in that behalf, and the Council may by resolution authorise in general terms the purposes for which that subsidiary account may be used:

provided that no bank or payee or other person shall be concerned to inquire whether any cheque or other instrument drawn upon a subsidiary account is within the authority of a resolution of the Council authorising operations upon that account.

The Council may from time to time set up in any part of its district a Welfare Committee for the purpose of supervising and assisting in the more efficient performance of the functions of the Council in that locality.

The procedure for the appointment and vacation of office of the members of those committees and the powers, functions, duties, and regulation of the proceedings of those committees shall be such as the Council may determine, subject to the provisions of this Act and of any rules in that behalf made under section 17.

Any Welfare Committee may from time to time appoint a suitable person to be the secretary and treasurer of that Committee and may at any time revoke any such appointment. Any person so appointed may be paid such honorarium or remuneration and allowances as the Council may determine.

Each Welfare Committee shall keep full and correct accounts in such manner as the Council may require, of all moneys received and expended by it, and shall produce to the Council when required all books, papers, accounts, and other documents relating to the receipts and expenditure of moneys received and expended by the Committee.

The Council may for the purpose of appointing Welfare Committees subdivide its district and may from time to time alter and redefine the boundaries of any subdivision.

Any member appointed to any Council may at any time resign his office by writing addressed to the Minister.

If any appointed member of any Council dies, or resigns his office, or becomes incapable in the opinion of the Minister of acting as a member, the vacancy shall as soon as practicable thereafter be filled by the appointment of a new member in the manner in which the vacating member was appointed.

Any person appointed to fill a vacancy under this section shall hold office only for the remainder of the term for which his predecessor was appointed.

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

Meetings of each Council shall be held at such times and places as it determines, but each Council shall meet at least once in each financial year.

The Minister may at any time call a special meeting of any Council and any 3 members of a Council may at any time by notice in writing request the Minister to call a special meeting of that Council and thereupon the Minister shall call a special meeting to be held not later than 1 month after the day on which he receives the notice.

All members for the time being in New Zealand shall be given at least 7 clear days’ notice in writing of any meeting. Every such notice shall be sent by post and addressed to the member at his last known place of abode or business in New Zealand, and shall be deemed to have been received when it would in the ordinary course of post be delivered.

At any meeting of a Council not less than one-half of the members shall form a quorum.

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

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

In the absence of the Chairman from any such meeting, the Deputy Chairman, if present, shall preside. In the absence from any such meeting of both the Chairman and the Deputy Chairman, the members present shall appoint 1 of their number to be the Chairman of that meeting.

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

Each Council shall, in addition to any other powers conferred on it by any other provisions of this Act, have the following powers:

Each Council may, in any financial year, expend out of its general fund for purposes not authorised by this or any other Act, any sum or sums not amounting in the whole to more than $1,000.

Any contract which, if made between private persons, must be by deed shall, when made by any Council, be in writing under the common 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, when made by any Council, be in writing signed by any person acting on behalf of and under the express or implied authority of the Council.

Any contract which, if made between private persons, may be made orally without writing may, when made by any Council, be made orally without writing by any person acting on behalf of and under the express or implied authority of the Council, but no oral contract shall be made for any sum exceeding $40.

The common seal of any Council shall not be affixed to any document except pursuant to a resolution of the Council, or of a committee of the Council authorised for that purpose by the Council either generally or with respect to any specified document or class of documents, and the execution of any document so sealed shall be attested by 2 members of the Council or committee, as the case may be:

provided that no person shall be concerned to inquire whether the execution of any document attested by 2 members of any such committee is within an authority granted under this subsection to the committee by the Council to execute documents on its behalf.

All land, interests in land, and chattels purchased with money belonging to the Funds or to any Provincial Fund or acquired in any manner by any Council shall be vested in the appropriate Council, as the case may be.

Each Council may from time to time appoint such person or body of persons (whether incorporated or not) as it thinks fit, being in the opinion of the Council specially qualified for the purpose, to manage, carry on, or maintain any property or institution or to expend any moneys or apply any personal property on behalf of the Council on such terms and conditions as may be agreed upon by the Council and that person or body.

Subject to the terms of any trust or endowment affecting the same, all money belonging to the Funds or any Provincial Fund and not immediately required for expenditure by the Council concerned may be invested in accordance with the Trusts Act 2019.

There shall be paid out of the appropriate Provincial Fund to the members of each Council travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the members of each Council were members of a statutory Board within the meaning of that Act.

Each Council must ensure that there are kept at all times accounting records that—

Each Council must establish and maintain a satisfactory system of control of those accounting records.

The accounting records must be kept—

Each Council must ensure that, within 5 months after the end of the financial year, financial statements are—

The financial statements must be prepared in accordance with,—

Each Council must ensure that the financial statements of the Council are audited.

Each Council 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.

Each person or body of persons authorised to expend any money or apply any property on behalf of any Council under section 38(2) must keep full and correct accounts of all such money or property received and expended or applied by him, her, or it.

The accounts must be audited by the Auditor-General or by an auditor appointed for the purpose by the Auditor-General, in the same manner as if that money and that property were the money and property of a public entity as defined in section 4 of the Public Audit Act 2001.

The Minister may at any time cause an investigation of the administration and accounts of any Council, or of any Welfare Committee, or of any agent of the Council appointed under section 38, or of the Funds, or of any Provincial Fund to be made by any person appointed by the Minister for that purpose.

When any such investigation has been directed by the Minister it shall be the duty of all persons affected to afford to the person so appointed full information on all matters relating to the investigation, and to produce to him all such books, papers, accounts, and other documents as may be necessary for him to make the investigation; and every person who makes default in so doing, or who in any manner obstructs the investigation, or deceives, or attempts to deceive the person so appointed commits an offence against this Act.

If, on considering the report of the investigation, the Minister is of the opinion that any person has been guilty of a breach of trust or negligence or other culpability, he may apply to a District Court Judge for an order directing that the costs and expenses of the investigation, or any part of such costs and expenses, be paid by that person to the Minister, and any order made on any such application shall be enforceable as a judgment of the District Court. Any such order may be made against 2 or more persons so as to impose a joint and several liability upon them.

Each Council may from time to time by resolution, make rules not inconsistent with this Act and, in the case of any Council, not inconsistent with any rules made under section 17, for all or any of the following purposes, namely:

Notice of every resolution proposed to be submitted to any meeting of any Council for the making, amendment, or revocation of any such rules as aforesaid shall be given to every member of the Council for the time being in New Zealand not less than 14 clear days before the day fixed for the meeting, by sending the same to him by post addressed to him at his last known place of abode or business in New Zealand, and shall be deemed to have been received when it would in the ordinary course of post be delivered.

Any local authority or other public body, any corporation sole, any company or other incorporated body, any unincorporated body of persons, any trustee or trustees (including any statutory trustee or trustees or board of trustees), or any other person may, unless expressly prohibited by any Act, or by any instrument of trust, make to any Council, and the Council may accept donations or gifts of real or personal property for patriotic purposes.

For the purposes of this section, local authority means a local authority within the meaning of the Local Government Act 2002.

Every Council shall with respect to its provincial district, have—

It shall not be lawful without the prior consent of the Minister for any person or body of persons, other than a Council, or a Welfare Committee, or other committee of a Council, or the duly authorised agents of a Council, or of a Welfare Committee or other committee, to raise money or to take up collections in money or goods for any patriotic purpose, or to solicit gifts in money or goods or in any way to hold himself or themselves out as willing to receive such gifts for any such purpose.

Every person who commits a breach of any of the provisions of the last preceding subsection commits an offence against this Act.

If any person raises money or receives goods in breach of the provisions of subsection (1), those moneys and the value of those goods may be recovered by the Minister, or by any person authorised in that behalf by the Minister, from the person by whom they were so received as if those moneys and the value of those goods were a debt owing jointly and severally by all the defendants in the proceedings, and any sums so recovered by the Minister shall be paid by him to any Council or Councils in such shares and proportions as the Minister thinks fit.

The Minister may from time to time, by notice, prohibit the raising or collecting whether by means of public appeal or otherwise howsoever, of any moneys or goods for any specified purpose, not being a patriotic purpose, or the soliciting by any such means of gifts in money or goods for any specified purpose, not being a patriotic purpose, by any specified society, association, or body of persons, whether incorporated or not, if in the opinion of the Minister the public or any section of the public is likely to be misled into believing that it is or will be contributing to an authorised appeal for patriotic purposes.

While any notice given under this section remains in force it shall not be lawful for any society, association, or other body of persons specified in the notice to raise or collect or solicit gifts of money or goods by any means whatsoever for any purpose so specified, or to continue by any such means to raise or collect or solicit gifts of money or goods for that purpose.

For the purposes of this section the Minister, or any person authorised by him in that behalf, may from time to time require any society, association, or body of persons, whether incorporated or not, to furnish such information and particulars, and to produce such books, accounts, papers, and other documents, relating to its constitution, proceedings, and activities as the Minister or such authorised person thinks fit.

If any society, association, or body of persons fails or refuses to conform to any requirement of the Minister or any authorised person under the last preceding subsection, every officer and every member of the committee or other governing body thereof commits an offence against this Act.

A notice under subsection (4) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Nothing contained in sections 46 and 47 shall operate in any way to limit the New Zealand Returned Services Association or any provincial Returned Services Association, or the New Zealand Homeservicemen’s Association, or the Second New Zealand Expeditionary Force Association, or the Air Force Association, or the Ex-Royal Naval Men’s Association, or the Merchant Service Guild in the powers, duties, and functions of those Associations or of that Guild or to render unlawful any appeal for funds or collection of money or goods by any such Association or Guild for any of its purposes or functions.

If any moneys belonging to the Funds or to any Provincial Fund or any property vested in any Council have been expended, applied, or used for any unauthorised purpose, those moneys or the value of that property may be recovered to the use of the appropriate fund or Council to which they lawfully belong by the Minister, or by any person authorised in that behalf by the Minister, from the person or body by whom they were so expended, applied, or used as if those moneys or that value were a debt owing jointly and severally by all the defendants in the proceedings.

Every person who expends, or applies, or authorises, or joins in authorising, the expenditure or application of any such moneys or other property for any unauthorised purpose commits an offence against this Act.

Every person who commits any breach of the provisions of this Act, or of any order or direction of any person authorised under this Act to make or give that order or direction, or who, for the benefit of himself or any other person makes any misleading statement to or otherwise misleads or attempts to mislead any person duly acting for any purpose under this Act, commits an offence against this Act.

Every person who commits an offence against this Act shall be liable on conviction to a fine not exceeding $100, and, where the offence is a continuing one, to a further fine not exceeding $10 for every day during which the offence continues.

The Governor-General may by Order in Council make regulations making provision for all matters deemed necessary for the due administration of, and for giving full effect to, the provisions of this Act.

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

The regulations specified in Schedule 2 are hereby revoked.

All provincial districts, provincial Councils appointments, orders, approvals, rules, notices defining or amending the boundaries of provincial districts or constituting new provincial districts, and other acts of authority that originated under or for the purposes of the Regulations, and are subsisting or in force at the commencement of this Act, shall enure for the purposes of this Act as if they had originated under this Act and accordingly shall, where necessary, be deemed to have so originated.

All matters and proceedings that have been commenced under the Regulations, and are pending or in force at the commencement of this Act, may be continued and completed under this Act.

The revocation of the said regulations shall not affect the liability of any person for any offence in relation thereto, and proceedings for any such offence may be taken as if it were an offence against the corresponding provisions of this Act.