Mines Rescue Trust Act 1992

1: Short Title and commencement
1: This Act may be cited as the Mines Rescue Trust Act 1992.
2: This Act shall come into force on 1 April 1993.
2: Interpretation
In this Act, unless the context otherwise requires,— appointed day section 3 coal coal mine
a: any land in, on, or under which any coal mining is carried on; and
b: any shaft or pit in the course of being sunk for prospecting for coal or for the commencement of coal mining; and
c: any level or inclined plane in the course of being driven for prospecting for coal or for the commencement of coal mining; and
d: any borehole sunk from the surface and connecting with the underground workings of a coal mine; and
e: any surface hole or subsidence above the underground workings of a coal mine; and
f: all works belonging to a coal mine coal mining
a: the removing of overburden to give access to coal; and
b: the stacking, deposit, storage, or treatment, of coal; and
c: the deposit or discharge of any coal, debris, material, overburden, refuse, or water, produced from or in consequence of coal mining; and
d: the erection, maintenance, or use, of machinery connected with coal mining; and
e: the construction or use of aerial ropeways, buildings, channels, conveyors, dams, or trucks, in connection with coal mining the Council section 230(1) of the Coal Mines Act 1979 department former Coal Mines Act Coal Mines Act 1979 inspector section 8(1) Minister quarter rescue area
a: defined under section 5(1)(a)
b: defined or deemed to have been defined under section 236(5) of the Coal Mines Act 1979 Secretary the trust board section 3
3: Minister may approve trustees or society
1: If satisfied that any trustees or society called the Mines Rescue Trust—
a: is incorporated as a Board under Part 2
b: has as its functions—
i: the establishment of rescue stations in rescue areas; and
ii: the maintenance of rescue stations (whether established under subparagraph (i) or established or deemed to have been established under section 236 of the Coal Mines Act 1979
iii: the purchase of real property, goods, and services for rescue stations in rescue areas; and
c: has a constitution that complies with subsection (2),— the Minister may, by notice in the Gazette
2: The Minister shall not approve any Board unless it is so constituted that they or it comprises—
a: a person appointed by the Secretary, who has no voting rights (and is not counted for the purposes of determining whether or not a quorum is present):
b: 2 people appointed by the body that, on the commencement of this Act, was known as Coal Corporation of New Zealand Limited:
c: 1 person appointed by the body that, on the commencement of this Act, was known as the Coal Producers Federation of New Zealand:
d: 1 representative of owners of coal mines situated (wholly or in part) in rescue station areas that are (wholly or in part) in the Provincial District of Westland:
e: 1 person appointed by the body that, on the commencement of this Act, was known as the Amalgamated Workers Union NZ Incorporated:
f: either—
i: no other member; or
ii: other members, each of whom is to be appointed by the trustees or society or by one or other of the bodies referred to in paragraphs (b), (c), and (e).
4: Dissolution of Council
On the appointed day,—
a: the Council shall be deemed to have been dissolved; and
b: all assets, rights, liabilities, and debts of the Council shall become assets, rights, liabilities, and debts of the trust board.
5: Minister may define rescue areas
1: Subject to subsection (2), the Minister may from time to time, by notice in the Gazette
a: define areas in respect of which rescue stations may be established and maintained; or
b: revoke or amend the definition of any rescue area.
2: The Minister shall not give notice except at the request of, or after consulting, the trust board.
6: Appointment of commissioner
1: Subject to subsections (2) to (4), the Governor-General may, by Order in Council,—
a: appoint a commissioner to perform the functions and duties of the trust board specified in section 3(1)(b)
b: revoke a commissioner's appointment.
2: The Governor-General shall not make an order except on the recommendation of the Minister.
3: The Minister shall not recommend the making of an order appointing a commissioner unless satisfied, on reasonable grounds, that the trust board is for the time being not performing the functions specified in section 3(1)(b)
4: The Minister shall recommend the making of an order revoking a commissioner's appointment if, and only if, satisfied, on reasonable grounds, that—
a: the trust board is able to perform its functions without substantial difficulties; or
b: it is necessary to appoint a new commissioner.
5: While an order is in force under this section,—
a: the commissioner appointed shall have the functions specified in section 3(1)(b)
b: the trust board shall not perform any of those functions.
7: Levies
1: Subject to subsection (2), on or before the last day of the month after the end of every quarter (being a quarter that ended after the appointed day), the owner of a coal mine that is (wholly or partly) within a rescue area shall pay to the trust board,—
a: in the case of an underground coal mine, a sum calculated at the rate of 40 cents (or any lower amount for the time being prescribed in that behalf); and
b: in the case of an opencast coal mine any part of which is within 50 kilometres of a rescue station,—
i: a sum calculated at the rate of 20 cents (or any lower amount for the time being prescribed in that behalf) if it has ever been worked as an underground coal mine; and
ii: a sum calculated at the rate of 10 cents (or any lower amount for the time being prescribed in that behalf) if it has never been worked as an underground coal mine,— for every tonne or part thereof of coal mined from the mine.
2: If any amount required by subsection (1) to be paid to the trust board is not paid by the day on or before which it is required by that subsection to be paid, it shall be deemed to have been increased by one tenth.
3: Every amount required by subsection (1) to be paid to the trust board (whether or not increased under subsection (2)) is exclusive of goods and services tax under the Goods and Services Tax Act 1985
4: The trust board may recover any amount required by this section to be paid to it, in any court of competent jurisdiction, as a debt due to it.
5: The trust board shall apply every amount paid to or recovered by it under this section for the performance of the functions specified in section 3(1)(b)
6: Before 1 July in every year the trust board shall give the Secretary independently audited accounts of its income under this section during the year ending with the preceding 31 March, and the expenditure of that income.
8: Powers of entry, inspection, etc
1: The Secretary may from time to time after the appointed day, for the purpose of obtaining any information required for the purposes of section 7
a: enter at any reasonable time, and unless giving notice would defeat the purpose of entry, on giving reasonable notice to the occupier, any place that is not a home:
b: inspect and examine any books, accounts, vouchers, records, or documents:
c: require any person to produce any books, accounts, vouchers, records, or documents, in the person's possession or control, and allow copies of or extracts from them to be made or taken:
d: require any person to provide any information, or answer any question;— and, subject to subsections (2) and (3), the person authorised may enter, inspect and examine, or require, accordingly.
2: The authorisation shall refer to this section, and specify—
a: the inspector's full name; and
b: the powers conferred on the inspector by it.
3: Every inspector exercising a power of entry under subsection (1) shall carry the authorisation and some proof of identity; and shall produce them to the apparent occupier of the place entered—
a: if practicable, on entry; and
b: whenever reasonably required to do so by the apparent occupier after entry.
4: Every person required under subsection (1) to produce or provide any thing has the same privileges in relation to its production or provision, or the answering of any question, as witnesses have in courts of law.
9: Offences
1: No person shall—
a: provide any information required under section 8
b: give an answer to any question asked under section 8
c: knowingly omit from any information given under section 8
d: knowingly omit from the answer to any question asked under section 8
e: subject to subsection (4) of section 8, fail without reasonable cause to comply with a requirement under that section.
2: Every person who fails to comply with any provision of subsection (1) commits an offence, and is liable on
3: Where—
a: any person has failed to comply with any provision of subsection (1); and
b: the person is an employee or agent of some other person; and
c: the failure occurred in the course of the employment or agency of the employee or agent; and
d: the failure—
i: was within the authority of the employee or agent; or
ii: occurred with the permission or consent of the other person,— the other person shall be deemed to have failed to have complied with the provision too.
4: Subsection (3) shall have effect notwithstanding that the employee or agent concerned may not have been charged with or convicted of any offence. Section 9(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
10: Transitional
Subject to section 11(1) Part 8 of the Coal Mines Act 1979 section 7
11: Validations
1: Every person's actions (and failure to act) shall be deemed to have been, and to be, as lawful as if, no amounts had ever become payable to the Public Trustee under Part 8 of the Coal Mines Act 1979
2: Notwithstanding section 234 of the Coal Mines Act 1979