Pursuant to section 55 of the Maori Trust Boards Act 1955, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following order.

1 Title

2 Commencement

3 Interpretation

4 Background

5 Validation

Order

1 Title

This order is the Whanganui River Maori Trust Board Order 2005.

2 Commencement

This order comes into force on the day after the date of its notification in the Gazette.

3 Interpretation

In this order—

Act means the Maori Trust Boards Act 1955

Board means the Whanganui River Maori Trust Board.

4 Background

(1) The term of office of the previous members of the Board expired on 1 December 2004.

(2) The Board held an election for new members which was completed on 10 December 2004.
(3) However, the election was irregular because—
- (a) the election was not held before the expiry of the term of office of the previous members of the Board; and
- (b) the procedural requirements for conducting an election under the Act were not complied with. In particular,—
  - (i) the Board failed to call and notify nominations for election not later than 4 months before the date on which the term of office of the previous members expired (as required under section 46 of the Act). Nominations were instead called for in October 2004; and
  - (ii) the Board failed to fix and notify the latest date by which nominations were to be lodged as the date 3 months before the office of the previous members expired (as required under sections 46 and 47 of the Act). The date was instead fixed as 9 December 2004; and
  - (iii) the Board failed to forward to the chief executive of Te Puni Kōkiri the names of the persons elected no later than 20 days before the day on which the term of office of the previous members was due to expire (as required under section 49 of the Act). The names were instead forwarded in January 2005.

5 Validation

The December 2004 election of members to the Board is, and has always been, valid despite the irregularities specified in clause 4(3).

Martin Bell,
Acting for Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on the day after the date of its notification in the Gazette, validates the 2004 election of members to the Whanganui River Maori Trust Board. The election was held after the expiry of the term of office of the previous members of the Board and was subject to a number of irregularities specified in clause 4(3)(b) of the order.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 12 May 2005.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Whanganui River Maori Trust Board Order 2005. The reprint incorporates all the amendments to the order as at 12 May 2011, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

Regulatory Reform (Revocations) Order 2011 (SR 2011/99): clause 3

Whanganui River Maori Trust Board Order 2005