Museum of New Zealand Te Papa Tongarewa Act 1992

1: Short Title and commencement
1: This Act may be cited as the Museum of New Zealand Te Papa Tongarewa Act 1992.
2: This Act shall come into force on 1 July 1992.
2: Interpretation
In this Act, unless the context otherwise requires,— Board section 6 Minister under the authority of a warrant or Museum section 5 year 1972 No 11 s 2 1989 No 44 s 86(1) Section 2 Minister inserted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 2 Minister amended 25 January 2005 section 200 Crown Entities Act 2004
3: Act to bind the Crown
This Act shall bind the Crown.
4: Purpose of Act
The purpose of this Act is to establish a National Museum that, under the name Museum of New Zealand Te Papa Tongarewa, shall provide a forum in which the nation may present, explore, and preserve both the heritage of its cultures and knowledge of the natural environment in order better—
a: to understand and treasure the past; and
b: to enrich the present; and
c: to meet the challenges of the future.
1: Museum of New Zealand Te Papa Tongarewa
5: Museum of New Zealand Te Papa Tongarewa
1: There is hereby established a museum to be called the Museum of New Zealand Te Papa Tongarewa.
2: The Museum shall incorporate the National Art Gallery and the National Museum existing immediately before the commencement of this Act.
6: Museum of New Zealand Te Papa Tongarewa Board
1: There is hereby constituted a board to be called the Museum of New Zealand Te Papa Tongarewa Board.
2: The Board is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: Members of the Board are the board for the purposes of the Crown Entities Act 2004 1972 No 11 s 4(1) Section 6(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(3) added 25 January 2005 section 200 Crown Entities Act 2004 Section 6(4) added 25 January 2005 section 200 Crown Entities Act 2004
7: Functions
1: The principal functions of the Board are—
a: to control and maintain the Museum:
b: to collect works of art and items relating to history and the natural environment:
c: to act as an accessible national depository for collections of art and items relating to history and the natural environment:
d: to develop, conserve, and house securely the collections of art and items relating to history and the natural environment in the Board’s care:
e: to exhibit, or make available for exhibition by other public art galleries, museums, and allied organisations, such material from its collections as the Board from time to time determines:
f: to conduct research into any matter relating to its collections or associated areas of interest and to assist others in such research:
g: to provide an education service in connection with its collections:
h: to disseminate information relating to its collections, and to any other matters relating to the Museum and its functions:
i: to co-operate with and assist other New Zealand museums in establishing a national service, and in providing appropriate support to other institutions and organisations holding objects or collections of national importance:
j: to co-operate with other institutions and organisations having objectives similar to those of the Board:
k: to endeavour to make the best use of the Board’s collections in the national interest:
l: to design, construct, and commission any building or structure required by the Museum.
2: The Minister may not give a direction to the Board in relation to cultural matters. 1972 No 11 s 11(1) Section 7(2) added 25 January 2005 section 200 Crown Entities Act 2004
8: Performance of functions
In performing its functions the Board shall—
a: have regard to the ethnic and cultural diversity of the people of New Zealand, and the contributions they have made and continue to make to New Zealand’s cultural life and the fabric of New Zealand society:
b: endeavour to ensure both that the Museum expresses and recognises the mana and significance of Maori, European, and other major traditions and cultural heritages, and that the Museum provides the means for every such culture to contribute effectively to the Museum as a statement of New Zealand’s identity:
c: endeavour to ensure that the Museum is a source of pride for all New Zealanders.
9: Money
1: The Board may receive on behalf of the Museum any money paid to the Museum by the Crown or by any other person, and may allocate the money to the activities of the Museum in any manner that the Board thinks fit.
2: This section does not limit sections 16 17 Section 9 substituted 25 January 2005 section 200 Crown Entities Act 2004
10: Membership
1: The Board consists of not fewer than 6, nor more than 8, members.
2:
3: In making appointments to the Board, the Minister must have regard to the need for members to have knowledge and experience of, and commitment to, the functions of the Board, and the specific activities of the Museum.
4: This section does not limit section 29 1972 No 11 s 5 Section 10(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 10(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 10(4) added 25 January 2005 section 200 Crown Entities Act 2004
11: Co-opted members
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004
12: Term of office
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Extraordinary vacancies
Section 13 repealed 25 January 2005 section 200 Crown Entities Act 2004
14: Deputy Chairperson
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Rules
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Committees
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Delegation of functions and powers
1: The Board must not delegate any power to borrow money that it may have under section 160 section 162
2: In other respects, section 73 Section 17 substituted 25 January 2005 section 200 Crown Entities Act 2004
18: Contracts
Section 18 repealed 25 January 2005 section 200 Crown Entities Act 2004
19: Gifts
1: Any person who is not expressly prohibited from doing so by any enactment, or by the terms of any trust or endowment, may give to the Board any real property, money, or other personal property.
2:
3: For the purposes of this section, person Local Government Act 2002 1972 No 11 s 19 Section 19(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 19(3) amended 1 July 2003 section 262 Local Government Act 2002
20: Exemption from income tax
The Board shall be exempt from the payment of income tax. 1972 No 11 s 26
21: Protection of persons acting under authority of Act
Section 21 repealed 25 January 2005 section 200 Crown Entities Act 2004
22: Further provisions applying to Board
The provisions set out in Schedule 1
23: Protection of names
1: No body shall be incorporated or registered under any other enactment or in any other manner, under the following names:
a: Museum of New Zealand:
b: Te Papa Tongarewa:
c: National Art Gallery:
d: National Museum:
e: any other name that so resembles any name listed in paragraphs (a) to (d), as to be likely to mislead any person.
2: No person other than the Board shall, either alone or with any other person or persons,—
a: trade or carry on business under any name listed in paragraphs (a) to (d) of subsection (1); or
b: trade or carry on business under any other name, knowing that that name so resembles any name listed in paragraphs (a) to (d) of subsection (1), as to be likely to mislead any person.
3: Every person who contravenes subsection (2) commits an offence, and is liable on 1972 No 11 s 30A 1981 No 47 s 27(1) Section 23(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
2: Dissolution of Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial
24: Dissolution of Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial
1: The Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial constituted under section 4 of the National Art Gallery, Museum, and War Memorial Act 1972
2: No member of the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial shall be entitled to compensation for loss of office resulting from the dissolution of that Board.
25: Assets and liabilities
Subject to sections 6 7 section 6
26: Vesting of assets
1: Subject to sections 6 7 section 6
2: Subject to section 7 section 6
3: Where, on the commencement of this Act, any trust money within the meaning of section 66(1)
a: is held by the Crown in trust for the Museum of New Zealand project; and
b: is, by virtue of an appointment under section 66(4) that money, together with any interest accrued in relation to that money, whether before or after the commencement of this Act, shall, subject both to the terms and conditions determined under section 66(4) section 66(5) section 6
4: The collection known as the Oldman Collection Coventry Murals section 6
27: Vesting in Board of land vested in the Crown
1: The estate of leasehold held by the Crown in the land described in Schedule 2 section 6
2: The rights held by the Crown at the commencement of this Act under a contract entered into by the Crown with the Wellington Harbour Board and relating to the land to which this subsection applies are hereby vested in the Board constituted by section 6
3: The land to which subsection (2) applies is all that piece of land containing 1.8965 hectares, more or less, situated in the City of Wellington, being Lot 2, Deposited Plan 60890, Wellington Registry.
28: New Zealand Academy of Fine Arts
1: The Board and the New Zealand Academy of Fine Arts (in this section called the Academy) shall give effect—
a: to the agreement set out in the deed made between the Board of Trustees of the National Art Gallery and the Dominion Museum and the Academy on 27 February 1933, a copy of which is recorded in the Department of Internal Affairs at Wellington as IA1933/216/2, with respect to the provision of accommodation; and
b: to any other agreement made between the Academy and either the Board of Trustees of the National Art Gallery and the Dominion Museum or the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial in substitution for, or in variation of, the agreement specified in paragraph (a).
2: The Board and the Academy may, at any time, agree to vary or cancel the agreement specified in subsection (1)(a) or any agreement referred to in subsection (1)(b). 1972 No 11 s 16
29: Final accounts of Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial
1: As soon as reasonably practicable after the commencement of this section, the Board constituted by section 6
2: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be sent by the Board constituted by section 6
3: A copy of the final accounts, together with a copy of the report of the Audit Office on those accounts, shall be laid before the House of Representatives by the Minister Section 29(3) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
30: Transitional provision in relation to employees
1: This section applies to all persons employed, immediately before the commencement of this Act,—
a: by the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial; or
b: by the Secretary for Internal Affairs to carry out duties at the National Art Gallery or the National Museum; or
c: by the Secretary for Internal Affairs in the Department of Internal Affairs’ Museum of New Zealand Project Office.
2: Notwithstanding any other provision of this Act or any provision of the State Sector Act 1988
a: on the commencement of this Act, every person to whom this section applies shall become a person employed by the Board; and
b: the terms and conditions of employment of every person who, by virtue of paragraph (a), becomes a person employed by the Board shall, until varied or until a new contract of employment is entered into, be based on the employment contract that applied to that person immediately before the commencement of this Act in respect of that person’s employment—
i: by the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial; or
ii: by the Secretary for Internal Affairs.
3: For the purposes of every enactment, law, award, determination, contract, and agreement at any time relating to the employment of a person who, by virtue of paragraph (a) of subsection (2), becomes a person employed by the Board,—
a: the contract of employment that applied immediately before the commencement of this Act in respect of that person’s employment—
i: by the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial; or
ii: by the Secretary for Internal Affairs,— shall be deemed not to have been broken by that person having so become a person employed by the Board; and
b: any period recognised—
i: by the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial; or
ii: by the Secretary for Internal Affairs,— as continuous service with that Board of Trustees or with the Department of Internal Affairs shall be deemed to have been a period of continuous service with the Board.
4: No person who becomes, by virtue of paragraph (a) of subsection (2), a person employed by the Board shall be entitled to any payment or other benefit by reason only of that person having ceased to be a person employed—
a: by the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial; or
b: by the Secretary for Internal Affairs.
3: Consequential amendments and repeals
31: Amendment to Estate and Gift Duties Act 1968
Amendment(s) incorporated in the Act(s)
32: Amendments to Stamp and Cheque Duties Act 1971
Section 32 repealed 20 May 1999 section 7 Stamp Duty Abolition Act 1999
33: Amendments to Flags, Emblems, and Names Protection Act 1981
Amendment(s) incorporated in the Act(s)
34: References to National Art Gallery, Dominion Museum, or National Museum deemed references to Museum of New Zealand Te Papa Tongarewa
Every reference to the National Art Gallery, the Dominion Museum, or the National Museum in any enactment passed before the commencement of this Act, or in any document executed before that date, shall, unless the context otherwise requires, be deemed to be a reference to the Museum established by section 5
35: References to Board of Trustees deemed references to Museum of New Zealand Te Papa Tongarewa Board
Subject to section 18 section 6
36: Consequential amendments to other enactments
The enactments specified in Schedule 3
37: Repeals
The enactments specified in Schedule 4