National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010

1: Title
This Act is the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010.
2: Commencement
This Act comes into force on 1 February 2011.
3: Principal Act amended
This Act National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 2011-02-01 National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Act 2003 Amendments to principal Act
4: Purpose
Section 3
c: continue the mutually supportive roles of the National Librarian and the Chief Librarian; and .
5: Interpretation
1: Section 4 Minister Minister .
2: The definition of National Library section 4 the department of State known as
3: Section 4 chief executive department .
6: National Librarian
Section 8
2: The National Librarian is the person for the time being appointed to that office by the chief executive under the State Sector Act 1988
7: Functions and powers of National Librarian
1: Section 9
1AA: The National Librarian has all the powers necessary to perform and carry out the functions and duties imposed on the National Librarian by or under this Act.
2: Section 9(2)(b)
3: Section 9
3: The National Librarian must not transfer the custody or use of any documents held by the National Library to any authority or other person, or remove any documents from the collections, without the approval of the Minister.
8: New section 9A inserted
The following section is inserted after section 9
9A: Delegations by National Librarian
1: The National Librarian may, either generally or particularly, delegate to an employee in the department all or any of the National Librarian's functions, duties, or powers under this Act except the power to delegate.
2: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions the National Librarian thinks fit; and
c: is revocable at any time, in writing; and
d: does not prevent the performance or exercise of a function, duty, or power by the National Librarian.
3: A person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
4: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: This section is subject to the limitations specified in sections 13(3) and 14
9: Continuation of Alexander Turnbull Library
Section 11
2A: The chief executive, in consultation with the National Librarian, must provide—
a: separate and suitable accommodation in a national library building for the collections of the Alexander Turnbull Library; and
b: for the development of the research collections and the services of the Alexander Turnbull Library, particularly in the fields of New Zealand and Pacific studies and rare books.
10: Chief Librarian of Alexander Turnbull Library
1: Section 13(2) National Librarian chief executive, on the recommendation of the National Librarian,
2: Section 13(3)(b)
a: omitting the National Library the department
b: omitting the National Librarian the chief executive, in consultation with the National Librarian,
c: adding in accordance with section 9A
3: Section 13
4: The person holding office as Chief Librarian immediately before the commencement of the National Library of New Zealand (Te Puna Mātauranga o Aotearoa) Amendment Act 2010 continues to hold that office on the commencement of that Act
11: New section 14 substituted
Section 14
14: Functions, duties, and powers of Chief Librarian
The Chief Librarian must perform any functions or duties, and exercise any powers, delegated to him or her under section 9A
12: Documents may be made available for public exhibition
Section 15(1) and (2)(f) section 14 section 9A
13: Reports
Section 19(1) and (2)(a) section 14 section 9A
14: Administration
Section 21(2) The National Library The department
15: Administration
Section 28 The National Library The department
16: Use of public documents in National Library
Section 34
2: For the purposes of carrying out his or her duties, the National Librarian and any employee, contractor, or agent of the chief executive may possess, copy, store in electronic form (whether offline or online), and use any copy of a deposited document. Transfer of employees of National Library and related matters
17: Transfer of National Library employees to department
1: Sections 30E 30F 30G this Act
2: For the purposes of subsection (1) sections 30E 30F 30G section 30C
18: Consequential amendments
The enactments specified in the Schedule 2011-02-01 Films, Videos, and Publications Classification Act 1993 Official Information Act 1982 Ombudsmen Act 1975 State Sector Act 1988