Arts Council of New Zealand Toi Aotearoa Act 1994

1: Short Title and commencement
1: This Act may be cited as the Arts Council of New Zealand Toi Aotearoa Act 1994.
2: This Act shall come into force on 1 July 1994.
2: Interpretation
In this Act, unless the context otherwise requires,— arts Arts Board section 13 arts boards boards Arts Council Council section 6 community arts
a: that may represent either a specific geographical area or defined communities of interest; and
b: that allow for access and participation by the wider community,— and includes recreational arts community arts council section 22 section 26 community arts provider section 20 Minister professional arts projects Te Waka Toi section 13 Section 2 Minister substituted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
3: Act to bind the Crown
This Act shall bind the Crown.
4: Purpose of Act
The purpose of this Act is—
a: to establish a national body for the arts, named the Arts Council of New Zealand Toi Aotearoa; and
b: to establish 2 arts boards, one being a Maori arts board named Te Waka Toi, and the other being a general arts board named the Arts Board; and
c: to provide for the designation of community arts providers— to encourage, promote, and support the arts in New Zealand for the benefit of all New Zealanders.
5: Principles
In achieving the purpose of this Act, all persons exercising functions or powers under it—
a: shall recognise the cultural diversity of the people of New Zealand; and
b: shall recognise in the arts the role of Maori as tangata whenua; and
c: shall recognise the arts of the Pacific Islands' peoples of New Zealand; and
d: shall recognise and uphold the following principles:
i: participation, by supporting initiatives which encourage participation in the arts:
ii: access, by supporting the availability of projects of merit to communities or sections of the population that would otherwise not have access to them:
iii: excellence and innovation, by supporting activities of artistic and cultural significance which develop the creative potential of artists and art forms:
iv: professionalism, by maintaining and developing a professional arts infrastructure, both at national and community levels:
v: advocacy, by promoting New Zealand's arts and artists locally, nationally, and internationally.
1: Arts Council of New Zealand Toi Aotearoa
6: Arts Council of New Zealand Toi Aotearoa
1: There is hereby constituted a national body for the arts to be called the Arts Council of New Zealand Toi Aotearoa.
2: The Arts Council is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 1992 No 19 s 6(2) Section 6(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 6(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
7: Functions
1: The principal functions of the Arts Council are—
a: to encourage, promote, and support the arts in New Zealand for the benefit of all New Zealanders:
b: to recognise in the arts the role of Maori as tangata whenua:
c: to promote the development of a New Zealand identity in the arts:
d: to encourage, promote, and support the arts of the Pacific Islands' peoples of New Zealand and the arts of the diverse cultures of New Zealand:
e: to determine the level of funding that should be available for allocation by each arts board:
f: to deliver funding in accordance with the allocation decisions of the arts boards:
g: to formulate policies for the direction of the arts boards:
h: to ensure that the arts boards encourage, promote, and support professional and community arts:
i: to uphold and promote the rights of artists and the right of persons to freedom in the practice of the arts:
j: to maintain relationships with other agencies and organisations:
k: to give advice to the Minister on any matter relating to or affecting the functions of the Council.
2: In performing its functions, the Arts Council shall have regard to the principles of this Act.
3: The Minister may not give a direction to the Council in relation to cultural matters. Section 7(3) added 25 January 2005 section 200 Crown Entities Act 2004
8: Powers
1:
2: Without limiting sections 16 17
a: to deliver funding in accordance with decisions made by the arts boards:
b: to establish any endowments or create any trusts on any terms and conditions, and for any objects within the purposes of this Act, that the Council thinks fit, and appoint trustees in respect of any of those endowments or trusts.
3:
4:
5: Any trustees appointed in respect of a trust must keep accounts in a manner that will enable the Council to fulfil its obligations under section 154 Section 8(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 8(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 8(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 8(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 8(5) substituted 25 January 2005 section 200 Crown Entities Act 2004
9: Membership
1: The board of the Council consists of 7 persons.
2:
3: In making appointments, the Minister shall have regard to—
a: the recognition of Maori as tangata whenua; and
b: the need for members of the Council to have between them a blend of knowledge of professional and community arts, management, financial and special skills, and knowledge appropriate to the functions of the Council, culturally diverse backgrounds, and rural and urban backgrounds.
3A: Subsection (3) does not limit section 29
4: All Maori members of the Council shall be appointed after consultation with the Minister of Maori Affairs.
5: The Council shall from time to time publicly invite, in such manner as it determines, nominations of persons who wish to be appointed as members of the Council or either of the 2 boards or the South Pacific Arts Committee or for peer assessment purposes, and the Council shall at all times maintain a list of the names of the persons wishing to be so appointed which shall be open to public inspection at the Council's offices during normal office hours. Section 9(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 9(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 9(3A) inserted 25 January 2005 section 200 Crown Entities Act 2004
10: Council to prepare strategic plan
1: The Council shall, after public consultation, prepare and publish a 3-year strategic plan.
2: The strategic plan shall outline—
a: the significant policies and objectives of the Council:
b: the policies formulated for the direction of the arts boards:
c: the nature and scope of the significant activities, accountability mechanisms, and consultation procedures to be undertaken or implemented:
d: an explanation of any significant differences between the policies, objectives, and activities specified in the strategic plan and those specified in the previous strategic plan.
3: The strategic plan shall be prepared as soon as practicable after the beginning of every third financial year.
11: Delegation of functions and powers by Council
1: Subject to subsections (3) and (4), the Council may delegate any of its functions and powers to an arts board.
2: In other respects, section 73
3: Sections 74 to 76
4: The Council may not delegate—
a: the power to determine the level of funding that should be available for allocation by each arts board:
b: any power to borrow money that it may have under section 160 section 162 Section 11 substituted 25 January 2005 section 200 Crown Entities Act 2004
12: Exemption from income tax
The Council is exempt from the payment of income tax. Section 12 substituted 25 January 2005 section 200 Crown Entities Act 2004
2: Arts boards
13: Arts boards
There are hereby constituted 2 arts boards, of which one is to be called the Arts Board and the other is to be called Te Waka Toi.
14: Functions
1: The principal functions of the arts boards are—
a: to encourage, promote, and support the arts in New Zealand for the benefit of all New Zealanders:
b: to recognise in the arts the role of Maori as tangata whenua:
c: to promote the development of a New Zealand identity in the arts:
d: in the case of the Arts Board, to allocate funding for the arts, including—
i: those of the Pacific Islands' peoples of New Zealand through a South Pacific Arts Committee; and
ii: those of the diverse cultures of New Zealand:
e: in the case of Te Waka Toi, to allocate funding for Maori arts,— and, for those purposes,—
f: to allocate available funding to arts projects for professional and community arts:
g: to establish peer assessment mechanisms and guidelines for the allocation of funding:
h: to set guidelines relating to designated community arts providers, including, without limiting the generality of the foregoing, guidelines relating to their establishment, membership, functions, operation, and accountability:
i: to ratify and monitor funding decisions.
2: The arts boards shall also—
a: make such inquiries, and provide the Council with such reports, in connection with any matter referred by the Council, as the Council directs:
b: perform such functions as may be delegated under section 73
c: keep the Arts Council fully informed of all activities in their area of responsibility:
d: co-operate fully with and assist the Arts Council and each other in the carrying out of their functions. Section 14(2)(b) amended 25 January 2005 section 200 Crown Entities Act 2004
15: Performance of functions
In performing their functions, the arts boards shall—
a: have regard to the principles of this Act; and
b: comply with any directions of the Arts Council made under section 18
16: Powers of arts boards
The arts boards shall have all such powers as are reasonably necessary or expedient to enable them to perform their functions.
17: Membership
1: Each board shall consist of 7 members appointed by the Minister.
2: Each board shall include no more than 1 member of the Council, who may not be a member of both boards. The Chairperson of the Council may not be a member of either board.
3: One member of each board shall be appointed as Chairperson by the Minister. The Chairperson shall not also be a member of the Arts Council.
4: In making appointments, the Minister shall have regard to the need for members of each board to have between them a blend of knowledge of professional and community arts, management, financial and special skills, and knowledge, culturally diverse backgrounds, and rural and urban backgrounds appropriate to the functions of the board.
5: All members of Te Waka Toi shall be appointed after consultation with the Minister of Maori Affairs.
18: Power of Arts Council to give directions to arts boards
1: The Council may give written directions to an arts board with respect to the exercise of its powers or the performance of its functions, including,—
a: directions requiring a board to act, or refrain from acting, as specified in the direction with respect to a particular matter specified in the direction; and
b: directions prescribing the procedure to be followed by an arts board in any particular matter or class of matters.
2: An arts board shall comply with any direction so given to it.
19: Further provisions applying to arts boards
The provisions set out in Schedule 1
3: Community arts providers
20: Arts boards may designate community arts providers
1: Any body involved in community arts, including any local authority, may apply in writing to an arts board to be designated as a community arts provider.
2: An arts board may designate any such body as a community arts provider if satisfied—
a: that the body complies with such guidelines as may be set by the arts board in relation to designated community arts providers; and
b: that the body represents, in relation to the arts, either a specific geographical area or a defined community of interest.
3: Each arts board shall maintain a formal register of designated community arts providers.
4: An arts board may, if satisfied that any designated community arts provider has not complied with, or is not performing according to, the guidelines set by the arts board, revoke the designation of any community arts provider after giving the community arts provider not less than 60 days' written notice of its intention to do so.
21: Allocation of funding via designated community arts providers
1: Each arts board may allocate available funding to designated community arts providers.
2: Each designated community arts provider shall allocate that funding to community arts projects in accordance with such guidelines as may be set by the arts board and having regard to the principles of this Act.
22: Arts boards may establish community arts councils
1: An arts board may establish a community arts council in relation to any specific geographical area.
2: Subject to the other provisions of this Act and to any guidelines set and rules made by the arts board, every community arts council may regulate its own procedure.
3: A community arts council may apply in writing to an arts board to be designated as a community arts provider.
4: An arts board may, if satisfied that any community arts council has not complied with, or is not performing according to, the guidelines set by the arts board, disestablish any community arts council after giving the council not less than 60 days' written notice of its intention to do so.
23: Funds to revert to Arts Council
Where—
a: the designation of any community arts provider is revoked under section 20(4)
b: any community arts council is disestablished under section 22(4) all funds of the Arts Council that have been allocated to the community arts provider or community arts council and that have not been allocated to community arts projects shall be repaid to the Arts Council.
24: Administrative local authorities
1: An arts board may designate as the administrative local authority in respect of each community arts council, for the purposes of this Act, a local authority whose boundaries lie wholly or partly within the area in which that council carries on its activities.
2: A local authority shall not be designated as an administrative local authority under this section unless it has consented in writing to the designation.
3: Any consent under subsection (2) may be given on such terms and conditions as to the appointment of a local authority representative as a member of the council or otherwise, as the local authority thinks appropriate.
4: The administrative local authority in respect of a community arts council shall provide reasonable administrative and secretarial services for that council.
5: Notwithstanding subsection (1), an administrative local authority may, instead of providing the services specified in that subsection for the council, make a reasonable grant to the council to enable the council itself to provide for such services.
6: The administrative local authority may appoint representatives of any community arts council to attend and participate in any local authority meeting considering funding of the arts, and may consult any community arts council on any proposed local authority policies, facilities, or activities relating to the arts.
7: An arts board may from time to time revoke the designation of any administrative local authority in respect of a community arts council after giving the administrative local authority and the community arts council not less than 60 days' written notice of its intention to do so.
8: An arts board shall revoke the designation of any administrative local authority in respect of a community arts council if requested to do so in writing by the administrative local authority, effective at the expiry of 3 months after the date of the administrative local authority's request.
9: In this section, local authority Local Government Act 2002 1974 No 67 ss 36, 37 Section 24(9) substituted 1 July 2003 section 262 Local Government Act 2002
4: Miscellaneous provisions
25: Dissolution of Queen Elizabeth the Second Arts Council of New Zealand and other bodies
Section 25 repealed 25 January 2005 section 200 Crown Entities Act 2004
26: Transitional provision applying to community arts councils
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Assets and liabilities
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Vesting of assets
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Final accounts
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Transitional provisions relating to employees
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004
31: New Zealand Authors' Fund
Section 31 repealed 1 January 2009 section 21(a) Public Lending Right for New Zealand Authors Act 2008
32: Protection of names
1: No body shall be incorporated or registered under any other enactment, or in any other manner, under any of the following names:
a: Arts Council of New Zealand Toi Aotearoa:
b: Arts Board:
c: Queen Elizabeth II Arts Council:
d: Te Waka Toi.
2: No body other than a community arts council within the meaning of this Act shall be incorporated or registered under any other enactment, or in any other manner, under the name community arts council
33: References to Queen Elizabeth the Second Arts Council of New Zealand in enactments and documents
Every reference in any enactment or document to the Queen Elizabeth the Second Arts Council of New Zealand shall be deemed to be a reference to the Arts Council constituted under this Act.
34: Consequential amendments
Section 34 repealed 25 January 2005 section 200 Crown Entities Act 2004
35: Repeals
The enactments specified in Schedule 3