Taranaki Scholarships Trust Board Act 1957

1: Short Title and commencement
1: This Act may be cited as the Taranaki Scholarships Trust Board Act 1957.
2: Part 2
2: Interpretation
In this Act, unless the context otherwise requires,— Board Chairman financial statements section 6 Financial Reporting Act 2013 generally accepted accounting practice section 8 Financial Reporting Act 2013 Taranaki Post-graduate Scholarship section 15 Taranaki Scholarship section 12 Section 2 financial statements inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 2 generally accepted accounting practice inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
1: Constitution of Board
3: Constitution of Board
1: There is hereby established for the purposes of this Act a Board, to be called the Taranaki Scholarships Trust Board.
2: The Board shall consist of—
a: 1 member who at the time of his election to the Board shall be a member of the House of Representatives for an electoral district that contains any part of the Provincial District of Taranaki and who shall be elected by such of the members of the House of Representatives as for the time being represent electoral districts that contain any part of that Provincial District: provided that in the event of an equality of votes on any such election the Minister of Education shall have a casting vote:
b:
c:
d:
e: 1 member to be appointed in respect of each post-primary school (including a private school) in the Provincial District of Taranaki that has for the time being not less than 500 full-time post-primary pupils, which appointment shall in each case be made by the governing body of the school: provided that the Taranaki Education Board shall not be entitled to appoint a member under this paragraph.
3: The Board shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of suing and being sued, and of doing and suffering all that bodies corporate may do and suffer.
4: The Board shall be deemed to be a local authority for the purposes of the National Provident Fund Act 1950 (as continued in certain respects by the National Provident Fund Restructuring Act 1990 section 6
5: Except as provided in section 5 Section 3(2)﻿(b) repealed 23 July 1990 section 50(1) Education Amendment Act 1990 Section 3(2)﻿(c) repealed 23 July 1990 section 50(1) Education Amendment Act 1990 Section 3(2)﻿(d) repealed 23 July 1990 section 50(1) Education Amendment Act 1990 Section 3(4) replaced 1 April 1991 section 80 National Provident Fund Restructuring Act 1990
4: Appointments and elections
1: The first appointments and elections of members of the Board shall in every case be made or held not later than 31 December 1957.
2: The following provisions shall apply in respect of the appointment of members under paragraph (e) of subsection (2) of section 3
a: the right of any governing body to appoint a member in respect of any school controlled by it shall be determined by the roll of the school on 1 March immediately preceding the date of the appointment:
b: every such member shall be a person who, at the time of his appointment, is ordinarily resident in the Provincial District of Taranaki, but need not be a member of the governing body which appointed him.
3: Elections under paragraph (a) of subsection (2) of section 3
4: The first appointments and election of members of the Board shall in each case be notified in writing to the Vice-Chancellor of the University of New Zealand by the body making the appointment or the person conducting the election.
5: Casual vacancies
1: If any person, while an appointed or elected member of the Board,—
a: dies; or
b: resigns his office by writing under his hand delivered to the Board or the Chairman; or
c: is adjudged a bankrupt; or
d: becomes subject to a property order made under section 31 section 32 33
e: is convicted of any offence punishable by imprisonment,— his office shall be thereby vacated, and the vacancy thereby created shall be deemed to be a casual vacancy.
2: Every such casual vacancy shall be filled by the appointment or election of a new member in the manner in which the appointment or election to the vacant office was originally made. Every person so appointed or elected shall be appointed or elected for the residue of the term for which his predecessor was appointed or elected.
3: If on 1 March in any year the number of full-time post-primary pupils on the roll of any school in respect of which a member of the Board has been appointed or elected under paragraph (e) of subsection (2) of section 3 paragraph (a) of subsection (2) of section 4
4: Unless he sooner vacates his office as provided in the foregoing provisions of this section, every member of the Board shall continue in office until his successor comes into office, notwithstanding anything to the contrary in this Act.
5: The powers of the Board shall not be affected by any vacancy in the membership thereof. Section 5(1)﻿(d) replaced 10 September 2008 section 20(2) Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008
6: Chairman of Board
1: The Board shall from time to time elect one of its members to be Chairman of the Board.
2: The Chairman of the Board shall preside at all meetings of the Board at which he is present. If at any meeting of the Board the Chairman for the time being is not present or there is no Chairman, the Board shall appoint some member present to act as Chairman in respect of that meeting.
3: At any meeting of the Board the Chairman of that meeting shall have a deliberative vote; and, in the case of an equality of votes, he shall also have a casting vote.
7: Meetings of Board
1: The first meeting of the Board shall be held at a time and place of which notice shall be given by the Vice-Chancellor of the University of New Zealand to the members, and meetings shall be held thereafter at such times and places as the Board or the Chairman shall decide.
2: At every meeting of the Board 5 members shall form a quorum.
3: Every matter before the Board shall be determined by a majority of votes of the members present at a meeting of the Board.
4: Except as expressly provided in this Act, the Board may regulate its procedure in such manner as it thinks fit.
8: Committees
1: The Board may from time to time appoint Committees consisting of 2 or more persons, being members of the Board or other persons; and may refer to any such Committee any matters for consideration or inquiry or management or regulation; and may delegate to any such Committee any of the Board's powers and duties, except—
a: the powers conferred by sections 12 15
b: the powers to borrow money, to make bylaws, to enter into contracts, and to institute actions.
2: The Board may at any time and from time to time discharge or reconstitute or continue any committee; and may remove from office any member of a Committee and (if it thinks fit) appoint another member in his place.
2: Administration of Taranaki Scholarships Endowment
9: Administration of Taranaki Scholarship Endowment reserve
1: The reserve described in the Schedule provided that section 16A
2: The said reserve shall be administered and dealt with by the Commissioner of Crown Lands appointed under section 12A of the Survey Act 1986 Commissioner
a: grant leases under the provisions of the Public Bodies Leases Act 1969 Commissioner
b: grant renewable leases, or licences with or without a right of renewal, under the Land Act 1948 provided that the lessee or licensee shall not have the right to acquire the fee simple of the land comprised in his lease or licence.
3: Nothing in this section shall deprive any lessee of any right of renewal now vested in him.
4: The revenue derived from the said reserve shall (after deducting such sum as may for the time being be approved by the Minister of Finance for the administration of the reserve and without further appropriation than this section) be paid to the Taranaki Scholarships Trust Board. Section 9(1) proviso inserted 18 November 1961 Taranaki Scholarships Trust Board Amendment Act 1961 Section 9(2) amended 1 February 1990 Survey Amendment Act (No 3) 1989 Section 9(2)﻿(a) amended 1 February 1990 Survey Amendment Act (No 3) 1989 Section 9(2)﻿(a) amended 1 January 1970 section 28(1)﻿(a) Public Bodies Leases Act 1969
10: Taranaki Scholarship endowment money to be paid to Board
1: On 1 January 1958, the Public Trustee shall pay to the Board all money then held by him pursuant to section 22 of the New Zealand University Amendment Act 1914
2: All such money, and all other property for the time being owned by the Board, shall be held and administered by it for the purposes of this Act: provided that this subsection shall not apply to any money or other property of which the Board has been appointed as trustee under subsection (2) of section 16 section 16A provided also that section 16A Section 10(2) first proviso inserted 18 November 1961 Taranaki Scholarships Trust Board Amendment Act 1961 Section 10(2) second proviso inserted 18 November 1961 Taranaki Scholarships Trust Board Amendment Act 1961
11: Application of endowment income
1: The Board shall apply such part as it thinks fit of its income (including income accumulated by it after the commencement of this Part but not including income received by the Board as trustee under subsection (2) of section 16 section 16A
a: the grant of Taranaki Scholarships and allowances relating thereto pursuant to section 12
b: the grant of post-graduate scholarships and allowances relating thereto pursuant to section 15
c: the exercise of any other powers, duties, and functions by this Act conferred on the Board.
2: For the purposes of this Act, 3,500 pounds of the money paid to the Board by the Public Trustee pursuant to section 10 Section 11(1) amended 18 November 1961 Taranaki Scholarships Trust Board Amendment Act 1961
12: Taranaki Scholarships
1: For the purposes of bringing higher education within the reach of deserving scholars within the Provincial District of Taranaki, there shall be awarded, in accordance with this section, scholarships to be called Taranaki Scholarships.
2: The Board may award 1 or more Taranaki Scholarships annually, as its income permits.
3: No candidate shall be awarded a Taranaki Scholarship unless he has—
a: obtained an A award in the University Bursaries Examination, or attained a standard approved by the Board for the purpose in the Entrance Scholarships Examination, conducted by the Universities Entrance Board; or
b: as a student enrolled at a tertiary institution at which such a scholarship is tenable, in any year been credited with passes, at a level of attainment acceptable to the Board for the purpose, in subjects or units that together constitute a full-time programme within the meaning of the Tertiary Assistance Grants Regulations 1980 or regulations passed in amendment of or substitution for those regulations.
4: No candidate shall be awarded a Taranaki Scholarship unless, for a continuous period of at least 2 years, he either was enrolled at a school situated within the Provincial District of Taranaki, or was resident in that District and enrolled at a distance school
a: in the case of a candidate qualified under subsection (3)﻿(a), that period included 31 July in the year in which he sat the examination concerned; or
b: in the case of a candidate qualified under subsection (3)﻿(b), that period either—
i: included 31 July in the year before the year in which he first attended a tertiary institution; or
ii: if the Board is satisfied that the candidate had good reason for delaying his enrolment at that institution, included 31 July in the year 2 years before the year in which he first attended a tertiary institution.
5: Notwithstanding subsection (4)﻿(b), where the Board is satisfied that special reasons exist for doing so, it may award a Taranaki Scholarship to a candidate who is qualified under subsection (3)﻿(b) and who for any continuous period of at least 2 years either was enrolled at a secondary distance school
6: A Taranaki Scholarship is tenable—
a: at any institution established under subpart 3
b: at any private training establishment (within the meaning of section 10(1) Gazette
7: A Taranaki Scholarship (other than a scholarship without emoluments) shall not be tenable with a University Junior Scholarship awarded by the Universities Entrance Board.
8: Subject to subsection (7), the value and conditions of tenure of Taranaki Scholarships shall be specified by bylaws from time to time made by the Board. Section 12 replaced 23 November 1982 Taranaki Scholarships Trust Board Amendment Act 1982 Section 12(4) amended 1 August 2020 section 668 Education and Training Act 2020 Section 12(5) amended 1 August 2020 section 668 Education and Training Act 2020 Section 12(5) amended 30 March 1987 Taranaki Scholarships Trust Board Amendment Act 1987 Section 12(6) replaced 25 June 1993 Taranaki Scholarships Trust Board Amendment Act 1993 Section 12(6)﻿(a) amended 1 August 2020 section 668 Education and Training Act 2020 Section 12(6)﻿(b) amended 1 August 2020 section 668 Education and Training Act 2020
13: Board to be advised of results of Entrance Scholarships Examination
The Universities Entrance Board shall, as soon as practicable in each year, transmit to the Taranaki Scholarships Trust Board the results of the Entrance Scholarships Examination and the Universities Bursaries Examination Section 13 replaced 1 January 1963 Taranaki Scholarships Trust Board Amendment Act 1962 Section 13 amended 23 October 1969 Taranaki Scholarships Trust Board Amendment Act 1969
14: Existing Taranaki Scholarships to continue
1: Holders of Taranaki Scholarships granted before the commencement of this Part and current thereafter shall continue to be entitled to all the benefits of the scholarships during the currency thereof, except that those scholarships shall be held by them on the same terms and conditions as to the amount thereof and as to any allowances relating thereto as shall for the time being apply to Taranaki Scholarships awarded under this Act: provided that nothing in this subsection shall empower the Board to reduce the value of the benefits derived by any such holder in respect of a Taranaki Scholarship to less than the value thereof at the commencement of this Part.
2: In the year 1958, and in each year thereafter during the currency of the scholarships, the Board shall pay to, or for the benefit of, the holders of Taranaki Scholarships to whom this section applies such amounts as may from time to time be payable in respect thereof pursuant to subsection (1).
15: Taranaki Post-graduate Scholarships
For the purpose of assisting post-graduate studies of graduates of any University in New Zealand
a: they shall be available for award by the Board to any graduate of a University in New Zealand a University in New Zealand paragraph (c) of section 12
b: the Board may award 1 or more Taranaki Post-graduate Scholarships as and when it thinks fit:
c: the value and conditions of tenure of a Taranaki Post-graduate Scholarship shall be in accordance with bylaws which shall be made in that behalf by the Board.
d:
e: Section 15 amended 1 January 1962 Taranaki Scholarships Trust Board Amendment Act 1961 Section 15(a) amended 1 January 1962 Taranaki Scholarships Trust Board Amendment Act 1961 Section 15(c) replaced 1 January 1963 Taranaki Scholarships Trust Board Amendment Act 1962 Section 15(d) repealed 1 January 1963 Taranaki Scholarships Trust Board Amendment Act 1962 Section 15(e) repealed 1 January 1963 Taranaki Scholarships Trust Board Amendment Act 1962
16: Powers of Board
1: In exercising its powers, duties, and functions under this Act, the Board shall have the following powers:
a: to engage and employ on such terms and conditions as it thinks fit such servants and agents as it from time to time thinks fit on such terms and conditions as to remuneration and otherwise as it thinks fit; and from time to time to terminate any such engagement or employment and to vary the terms and conditions thereof:
b: to invest such part as it thinks fit of any funds for the time being vested in the Board in accordance with the Trusts Act 2019
c: subject to the terms of any instrument creating a trust affecting the same, to sell or lease or let any real or personal property for the time being vested in the Board; and to apply the proceeds of sale either immediately or at any time thereafter either in the purchase of other property or in any investment under
d: to take on lease or as a tenant any premises for the time being required by the Board for the exercise of its powers, duties, and functions under this Act:
e: to acquire such furniture, equipment, and other chattels as may from time to time be required by the Board for the exercise of its powers, duties, and functions under this Act; and to dispose of the same:
f: to manage, develop, subdivide, and improve any land for the time being vested in it under this Act; and do all things necessary for any such purpose:
g: to accept devises, bequests, gifts, and donations of any kind:
h: generally to do all such acts and things as may be necessary or expedient for the exercise of the powers, duties, and functions of the Board under this Act.
2: The Board may be appointed as trustee of any real or personal property for any educational purpose.
3: The Board may charge a due proportion of its proper expenditure against real and personal property to which subsection (2) or section 16A Section 16(1)﻿(b) replaced 1 October 1988 section 14(1) Trustee Amendment Act 1988 Section 16(1)﻿(b) amended 30 January 2021 section 161 Trusts Act 2019 Section 16(1)﻿(c) amended 30 January 2021 section 161 Trusts Act 2019 Section 16(2) inserted 18 November 1961 Taranaki Scholarships Trust Board Amendment Act 1961 Section 16(3) inserted 18 November 1961 Taranaki Scholarships Trust Board Amendment Act 1961
16A: Application of gifts to Board that are free from trusts
1: Where under paragraph (g) of subsection (1) of section 16
2: Without limiting the generality of subsection (1), it is hereby declared that the Board shall have power to apply income and capital to which that subsection applies for all or any of the following purposes:
a: the grant of Taranaki Scholarships and allowances relating thereto pursuant to section 12
b: the grant of Taranaki Post-graduate Scholarships and allowances relating thereto pursuant to section 15
c: the grant of further or other scholarships, bursaries, grants, or allowances for the University education of deserving scholars within the Provincial District of Taranaki. Section 16A inserted 18 November 1961 Taranaki Scholarships Trust Board Amendment Act 1961
17: Borrowing of money
In exercising its powers, duties, and functions under this Act, the Board shall have power to borrow money either with or without giving security over any assets vested in it and either by way of overdraft or otherwise: provided that the amount so borrowed by the Board shall not at any time exceed half of the income of the Board for its preceding financial year.
18: Fees and travelling allowances
1: The Board, and any Committee appointed under section 8 Fees and Travelling Allowances Act 1951
2: The Board may pay to its Chairman remuneration by way of fees, salary, or allowances in accordance with the Fees and Travelling Allowances Act 1951
3: The Board may pay to its Chairman, and to members of the Board or of any Committee thereof appointed under section 8 Fees and Travelling Allowances Act 1951
19: Bylaws
The Board may from time to time make bylaws, not inconsistent with this Act, for all or any of the following purposes:
a: prescribing the value, and conditions in respect of the granting and tenure, of scholarships and allowances under this Act, including scholarships and allowances granted before the passing of this section: provided that no such bylaws shall come into force until they receive the consent of the Minister of Education:
b: regulating the procedure of the Board:
c: regulating the management and administration of assets vested in the Board:
d: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof. Section 19 replaced 1 January 1963 Taranaki Scholarships Trust Board Amendment Act 1962
20: Money to be paid into bank
1: All money belonging to the Board amounting to 5 pounds and upwards shall, within 7 days after it has come into the hands of any member or servant or agent of the Board, be paid into the account of the Board at such bank as the Board from time to time appoints.
2: No money shall be withdrawn from any such account, except by authority of the Board and by cheque signed by such person or persons as the Board from time to time, subject to any requirements of the Auditor-General Section 20(2) amended 1 July 2001 section 52 Public Audit Act 2001
21: Accounting records must be kept
1: The Board must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the Board; and
b: will enable the Board to ensure that the financial statements of the Board comply with this Act; and
c: will enable the financial statements of the Board to be readily and properly audited.
2: The Board must establish and maintain a satisfactory system of control of those accounting records.
3: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English. Section 21 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
21A: Financial statements must be prepared
1: The Board must ensure that, within 5 months after the end of the financial year, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the Board and that financial year; and
b: dated and signed on behalf of the Board by 2 members of the Board.
2: The financial year of the Board ends on the date that the Board may from time to time determine. Section 21A inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
21B: Financial statements must be audited
1: The Board must ensure that the financial statements of the Board are audited.
2: The Board is a public entity as defined in section 4 Section 21B inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
22: Annual report to Minister
The Board must, within 1 month after the receipt of the audit report on the financial statements, provide to the Minister of Education a report of its proceedings and operations for its preceding financial year, a copy of its financial statements for that year, and a copy of the audit report. Section 22 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
23: Repeals
Section 23 repealed 1 January 1962 Universities Act 1961