Act Repealed Latest version as at 03 June 2017 | 1999 No 141 | Administered by Ministry of Health

Children's Health Camps Board Dissolution Act 1999

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Principal Act

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Contents

Short Title and commencement

Part 1 Preliminary provisions and dissolution of Board and committees

Interpretation

Dissolution of Board and committees

Vacation of office by Board members and committee members

Board employees deemed to be employees of Foundation

Final report of Board

Repeals

Enactments repealed

Consequential amendments

Amendments to Health (Retention of Health Information) Regulations 1996

Part 2 Operation of Foundation

Trustees

Matters to be included in trust deed

Taxes, duties, etc

Foundation subject to Trustee Act 1956

Protection of emblem

Schedule 1 Enactments repealed

Schedule 2 Consequential amendments

Reprints notes

Reprint as at 3 June 2017

Children’s Health Camps Board Dissolution Act 1999

Public Act		1999 No 141
Date of assent		14 October 1999
Commencement		see section 1(2)

Children’s Health Camps Board Dissolution Act 1999: repealed, on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).

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 of Health.

An Act to—

(a)

dissolve the Children’s Health Camps Board; and

(b)

transfer its assets and liabilities to a foundation incorporated under Part 2 of the Charitable Trusts Act 1957; and

(c)

provide for incidental matters

1 Short Title and commencement

(1)

This Act may be cited as the Children’s Health Camps Board Dissolution Act 1999.

(2)

This Act comes into force on 1 April 2000.

Part 1 Preliminary provisions and dissolution of Board and committees

2 Interpretation

In this Act, unless the context otherwise requires,—

Board means the Children’s Health Camps Board established by section 3 of the Children’s Health Camps Act 1972

Camp Committee means a Camp Committee established under section 16 of the Children’s Health Camps Act 1972

commencement day means the day on which this Act comes into force

District Committee means a District Committee established under section 19 of the Children’s Health Camps Act 1972 by a Camp Committee

Foundation means the charitable trust established by deed dated 31 March 1999 with the name Children’s Health Camps—The New Zealand Foundation for Child and Family Health and Development

Fund means the Children’s Health Camps Fund established by section 26 of the Children’s Health Camps Act 1972.

3 Dissolution of Board and committees

(1)

On commencement day—

(a)

the Board is dissolved; and

(b)

every Camp Committee and District Committee is dissolved; and

(c)

the Fund and any other real and personal property, and rights and liabilities, of the Board vest in the Foundation; and

(d)

all real and personal property, and rights and liabilities, of every Camp Committee and District Committee vest in the Foundation; and

(e)

all proceedings pending by or against the Board may be carried on, completed, or enforced by or against the Foundation.

(2)

The Registrar-General of Land must, on written application under the common seal of the Foundation and on payment of the prescribed fee,—

(a)

register the Foundation as the proprietor, in substitution for the Board, of the estate or interest of the Board in any land that is incorporated in the register or otherwise registered under any enactment and that is vested in the Foundation under this Act; and

(b)

make such entries in the register and on any outstanding documents of title and generally do all such things as may be necessary to give effect to this section.

4 Vacation of office by Board members and committee members

(1)

A person who, immediately before commencement day, held office as a member of the Board vacates that office on commencement day.

(2)

A person who, immediately before commencement day, held office as a member of a Camp Committee or District Committee vacates that office on commencement day.

(3)

A person who vacates office solely as a result of this Act is not entitled to compensation for loss of the office.

5 Board employees deemed to be employees of Foundation

(1)

A person who, immediately before commencement day, is an officer or employee of the Board becomes, on commencement day, an officer or employee of the Foundation.

(2)

The employment contract of an employee of the Board who becomes an employee of the Foundation solely as a result of this Act is deemed to be unbroken.

(3)

An employee of the Board who becomes an employee of the Foundation solely as a result of this Act is not entitled to receive any payment or benefit for redundancy or otherwise simply because that employee has ceased to be an employee of the Board.

6 Final report of Board

(1)

As soon as reasonably practicable after commencement day, the Secretary must arrange for a final report of the Board to be completed.

(2)

The report must—

(a)

describe the Board’s operations for the period beginning on 1 April immediately before commencement day and ending with the close of the day immediately before commencement day; and

(b)

be accompanied by a copy of the Board’s accounts for that period certified by the Auditor-General.

(3)

In this section, Secretary means the person who held office as the Secretary of the Board immediately before commencement day.

Section 6(2)(b): amended, on 1 July 2001, pursuant to section 52 of the Public Audit Act 2001 (2001 No 10).

Repeals

7 Enactments repealed

The enactments specified in Schedule 1 are repealed.

Consequential amendments

8 Consequential amendments

The enactments specified in Schedule 2 are consequentially amended in the manner indicated in that schedule.

9 Amendments to Health (Retention of Health Information) Regulations 1996

(1), (2)

Amendment(s) incorporated in the regulations.

(3)

Any information which, immediately prior to commencement day, is required to be retained by a Camp Committee for the purposes of the Health (Retention of Health Information) Regulations 1996 must, on and from commencement day, be retained by the Foundation.

Part 2 Operation of Foundation

10 Trustees

(1)

Each trustee of the Foundation must be appointed in the manner prescribed in the trust deed.

(2)

Each trustee holds office for a term prescribed or provided for by the trust deed.

11 Matters to be included in trust deed

The trust deed of the Foundation must contain provisions—

(a)

for the keeping of accounts:

(b)

for the holding of, and voting at, meetings of trustees:

(c)

specifying the quorum required for the holding of meetings of trustees:

(d)

specifying the investment powers of the trustees:

(e)

specifying the borrowing powers of the trustees:

(f)

specifying the manner in which a vacancy in the office of a trustee must be filled:

(g)

specifying the manner in which the trust deed may be varied.

12 Taxes, duties, etc

For the purposes of any enactment specified in the Schedule of the Tax Administration Act 1994, or imposing, or providing for the imposition or collection of, any duty, levy, rate, tax, or other similar charge,—

(a)

on and from commencement day, the Board and the Foundation are the same person; and

(b)

every transaction or act entered into or performed by the Board before commencement day is deemed to have been entered into or performed by the Foundation.

13 Foundation subject to Trustee Act 1956

Subject to this Act, the Trustee Act 1956 applies to the Foundation.

14 Protection of emblem

(1)

Despite the revocation of the Health Camps Federation Emblem Order 1954 (by section 45(2)(a) of the Children’s Health Camps Act 1972), the emblem of the King George the Fifth Memorial Children’s Health Camps Federation is to be the emblem of the Foundation.

(2)

No person may,—

(a)

for the purposes of sale, apply or cause to be applied to any article the emblem of the Foundation or any colourable imitation of that emblem without the prior written consent of the Foundation; or

(b)

knowing that the emblem of the Foundation or any colourable imitation of that emblem has been applied to any article without the prior written consent of the Foundation, sell that article, or cause it to be sold, or offer or expose that article for sale, or cause it to be offered or exposed for sale.

(3)

Every person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $2,000.

Section 14(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 1 Enactments repealed

s 7

Children’s Health Camps Act 1972 (1972 No 21) (RS Vol 24, p 97)

Children’s Health Camps Amendment Act 1979 (1979 No 122) (RS Vol 24, p 124)

Children’s Health Camps Amendment Act 1983 (1983 No 65) (RS Vol 24, p 124)