Pacific Education Foundation Act 1972

1: Title
This Act is the Pacific Education Foundation Act 1972. Section 1 replaced 29 October 2016 section 77 Education Legislation Act 2016
2: Interpretation
In this Act, unless the context otherwise requires,— Board contributor section 6 education fees framework financial statements section 6 financial year Foundation section 4(1) generally accepted accounting practice section 8 Minister Pacific person
a: a person living in New Zealand who is both—
i: a native of the Cook Islands, Fiji, Kiribati, Niue, Samoa, Tokelau, Tonga, or Tuvalu; and
ii: a New Zealand citizen or a person who has been granted permanent residence or who has been permitted to enter New Zealand with the intention of permanent residence; and
b: a descendant of a person described in paragraph (a) public service section 10 Section 2 replaced 29 October 2016 section 78 Education Legislation Act 2016 Section 2 public service replaced 7 August 2020 section 135 Public Service Act 2020
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1 Section 2A inserted 29 October 2016 section 79 Education Legislation Act 2016
3: Administration of Act
Section 3 repealed 29 October 2016 section 80 Education Legislation Act 2016
4: Foundation established
1: The Pacific Islands Polynesian Education Foundation is continued with the name Pacific Education Foundation.
2: The Foundation shall consist of the contributors to the Foundation.
3: The Foundation shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property and of doing and suffering all that bodies corporate may do and suffer. Section 4(1) replaced 29 October 2016 section 81 Education Legislation Act 2016
5: Purpose of Foundation
The general purpose of the Foundation shall be to promote and encourage the better education of Pacific people Section 5 amended 29 October 2016 section 82 Education Legislation Act 2016
6: Contributors
1: During any financial year contributors to the Foundation shall be—
a: all persons who have, during that financial year or during the immediately preceding financial year, contributed the sum of $10 $10
b: all persons who are for the time being accepted by the Board as life members of the Foundation.
2: The Board may accept as a life member of the Foundation any person who gives to the funds of the Foundation an amount of not less than $500 $500
3: The Board shall at all times keep a register in which shall be entered the names and addresses of all contributors and the money or property from time to time contributed by each, together with the dates of those contributions. All entries in the register shall, in the absence of proof to the contrary, be sufficient evidence of the matters so recorded.
4: Any contributor who desires to inspect the register may arrange with the Board to make the inspection at a time suitable to the Board and to the contributor. Section 6(1)﻿(a) amended 29 October 2016 section 83(1) Education Legislation Act 2016 Section 6(2) amended 29 October 2016 section 83(2) Education Legislation Act 2016
7: Meetings of contributors
1: The Board may from time to time call a general meeting of contributors or of the contributors residing in any particular district in which there are resident 100 or more contributors for the purpose of reporting on the work and finances of the Foundation or for the purpose of discussing plans and proposals for the furtherance and extension of the work of the Foundation or for any other purpose relating to the affairs of the Foundation.
2:
3: Every question before any general meeting shall be decided by a majority of the votes of the contributors then present and entitled to vote. Each contributor shall have 1 vote only but in the event of an equality of votes for and against any proposed resolution the person acting as chairperson
4: No person shall be entitled to vote as a contributor at any meeting of contributors unless the person
5: At any general meeting 6 contributors shall form a quorum. Section 7(2) repealed 29 October 2016 section 84(1) Education Legislation Act 2016 Section 7(3) amended 29 October 2016 section 84(2) Education Legislation Act 2016 Section 7(4) amended 29 October 2016 section 84(3) Education Legislation Act 2016
8: Constitution of Board
1: The Board of the Pacific Islands Polynesian Education Foundation is continued as the Board of the Pacific Education Foundation.
2: The Board consists of the following members:
a: the Secretary for Education:
b: the chief executive of the Ministry for Pacific Peoples:
c: the manager at the Ministry of Education who has responsibility for the education of Pacific peoples:
d: 5 other members, to be appointed jointly by the Minister and the Minister for Pacific Peoples after consultation with those Pacific communities that the Ministers consider it appropriate to consult.
3: If a member who is an employee of the public service
4: If a member appointed under subsection (2)﻿(d) is absent from any meeting, the member may authorise any other person to attend the meeting in the member’s place (and the person is, for the purposes of the meeting, a member of the Board).
5: A member appointed under subsection (2)﻿(d)—
a: must be appointed for a 3-year term; and
b: is eligible for reappointment at the expiry of the 3-year term; and
c: may at any time be removed from the Board by the Minister for inability to perform the duties of a Board member, bankruptcy, neglect of duty, or misconduct proved to the satisfaction of the Minister; and
d: may at any time resign from the Board by notice in writing to the Minister.
6: If a member appointed under subsection (2)﻿(d) ( member A
a: the vacancy created must be filled in the manner in which member A was appointed; and
b: the member who fills the vacancy must be appointed for the remainder of the term for which member A was appointed.
7: Unless subsection (6) applies, a member appointed under subsection (2)﻿(d) must continue in office until the member’s successor comes into office (even if the member’s term of appointment has expired).
8: The powers of the Board are not affected by any vacancy in the Board’s membership. Section 8 replaced 29 October 2016 section 85 Education Legislation Act 2016 Section 8(3) amended 7 August 2020 section 135 Public Service Act 2020
8A: Board to elect chairperson and deputy chairperson
Every year, at a meeting of the Board, the members of the Board must elect—
a: 1 member to be chairperson of the Board; and
b: 1 member to be deputy chairperson of the Board. Section 8A inserted 29 October 2016 section 86 Education Legislation Act 2016
9: Chairperson
1: The chairperson the chairperson
2: If the chairperson chairperson chairperson
3: If both the chairperson chairperson member chairperson member chairperson
4: If both the chairperson chairperson chairperson members member chairperson Section 9 heading amended 29 October 2016 section 87(1) Education Legislation Act 2016 Section 9(1) amended 29 October 2016 section 87(2)﻿(a) Education Legislation Act 2016 Section 9(1) amended 29 October 2016 section 87(3) Education Legislation Act 2016 Section 9(2) amended 29 October 2016 section 87(2)﻿(a) Education Legislation Act 2016 Section 9(3) amended 29 October 2016 section 87(2)﻿(a) Education Legislation Act 2016 Section 9(3) amended 29 October 2016 section 87(2)﻿(b) Education Legislation Act 2016 Section 9(4) amended 29 October 2016 section 87(2)﻿(a) Education Legislation Act 2016 Section 9(4) amended 29 October 2016 section 87(2)﻿(b) Education Legislation Act 2016 Section 9(4) amended 29 October 2016 section 87(4) Education Legislation Act 2016
10: Meetings of Board
1: Meetings of the Board shall be held at least once in every year at such times and places as the Board from time to time determines.
2: The chairperson
3: It shall be the duty of the chairperson if either person members
4: At any meeting of the Board 5 members
5: Every question before the Board shall be determined by a majority of the votes of the members provided that in the event of an equality of votes the chairperson has both a deliberative vote and a casting vote
6:
7:
8: Subject to the provisions of this Act and of any regulation thereunder, the Board shall regulate its procedure in such manner as it thinks fit. Section 10(2) amended 29 October 2016 section 88(1)﻿(a) Education Legislation Act 2016 Section 10(3) amended 29 October 2016 section 88(1)﻿(a) Education Legislation Act 2016 Section 10(3) amended 29 October 2016 section 88(1)﻿(b) Education Legislation Act 2016 Section 10(3) amended 29 October 2016 section 88(2) Education Legislation Act 2016 Section 10(4) amended 29 October 2016 section 88(1)﻿(b) Education Legislation Act 2016 Section 10(5) amended 29 October 2016 section 88(1)﻿(b) Education Legislation Act 2016 Section 10(5) proviso amended 29 October 2016 section 88(3) Education Legislation Act 2016 Section 10(6) repealed 29 October 2016 section 88(4) Education Legislation Act 2016 Section 10(7) repealed 29 October 2016 section 88(4) Education Legislation Act 2016
11: Remuneration of members of Board and Special Committees
1: Board members and members of a Special Committee are entitled to receive from the Board remuneration for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework.
2: The following office-holders are not entitled to any remuneration for services as a Board member or a member of a Special Committee:
a: a Judge:
b: a member of Parliament:
c: any employee of the State services who is acting in the employee’s official capacity. Section 11 replaced 29 October 2016 section 89 Education Legislation Act 2016
11A: Expenses of members of Board and Special Committees
In addition to any remuneration received under section 11 Section 11A inserted 29 October 2016 section 89 Education Legislation Act 2016
12: Executive Committee, Special Committees, and delegation of powers
1: The Board may from time to time
a: an Executive Committee of not less than 3 Board members
b: Special Committees for particular purposes.
2: Every member of the Executive Committee shall be a Board member the person Board member
3: The Board may delegate to the Executive Committee or to any Special Committee, or to any Board member
4: Subject to any general or special directions given or conditions attached by the Board, any powers and functions so delegated may be performed and exercised by the committee or person concerned with the same effect as if those powers and functions had been directly conferred by this Act and not by delegation.
5: Every committee or person purporting to act under any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation, in the absence of proof to the contrary.
6: Every such delegation shall be revocable at will, and no such delegation shall prevent the performance or exercise of any function or power by the Board.
7: A delegation under this section continues in force until it is revoked, regardless of any change in the membership of the Board or of any committee. Section 12(1) amended 29 October 2016 section 90(2) Education Legislation Act 2016 Section 12(1)﻿(a) amended 29 October 2016 section 90(3) Education Legislation Act 2016 Section 12(2) amended 29 October 2016 section 90(1) Education Legislation Act 2016 Section 12(2) amended 29 October 2016 section 90(4) Education Legislation Act 2016 Section 12(3) amended 29 October 2016 section 90(1) Education Legislation Act 2016 Section 12(7) replaced 29 October 2016 section 90(5) Education Legislation Act 2016
13: Common seal
The common seal of the Foundation shall not be affixed to any document except pursuant to a resolution of the Board or for the purposes of giving effect to any power delegated by the Board, and the execution of any document so sealed shall be attested by 2 Board members Section 13 amended 29 October 2016 section 91 Education Legislation Act 2016
14: Contracts
1: Any contract which, if made between private persons, must be by deed, shall, if made by the Foundation, be in writing under the common seal of the Foundation.
2: Any contract which, if made between private persons, must be in writing signed by the parties to be charged therewith shall, if made by the Foundation, be either under the common seal of the Foundation or signed on behalf of the Foundation by some Board member
3: Any contract which, if made between private persons, may be made orally, may be made in the manner specified in subsection (1) as in the case of a deed, or in the manner specified in subsection (2) as in the case of a contract required to be in writing, or may be made orally by or on behalf of the Foundation by any person acting under its authority, express or implied.
4: Notwithstanding anything in the foregoing provisions of this section, no contract made by or on behalf of the Foundation shall be invalid by reason only that it was not made in manner provided in the foregoing provisions of this section, if it was made pursuant to a resolution of the Board or to give effect to a resolution of the Board.
5: The Board is hereby declared to be a local authority for the purposes of the Local Authorities (Members' Interests) Act 1968
6: Amendment(s) incorporated in the Act(s) Section 14(2) amended 29 October 2016 section 92 Education Legislation Act 2016
15: Appointment of officers and collectors
1: There shall be appointed in accordance with the Public Service Act 2020
2: The Board may appoint such persons as it thinks fit for the purpose of collecting voluntary contributions and donations from the public for the purposes of the Foundation. No person shall be deemed to be subject to the Public Service Act 2020 the person’s Section 15(1) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(2) amended 7 August 2020 section 135 Public Service Act 2020 Section 15(2) amended 29 October 2016 section 93 Education Legislation Act 2016
16: Power to accept property in trust
The Board may accept on behalf of the Foundation by way of bequest, devise, or gift any money, land, or other property in trust for the purposes of the Foundation for the time being or in trust for any particular purpose or purposes for which the Board can lawfully apply the property of the Foundation.
17: General powers of administration
1: Subject to the provisions of this Act, the Board shall, in respect of any land or other property vested in the Foundation, have authority to do all such things as it considers necessary for the due administration thereof on behalf of the Foundation.
2: Without limiting the generality of the authority conferred on the Board by subsection (1), any land vested in the Foundation may be occupied by the Board as a farm and the Board may carry out such farming operations thereon as it thinks fit.
3: The Board may, with the consent of Public Trust it Public Trust Public Trust Section 17(3) amended 1 March 2002 section 170(1) Public Trust Act 2001
18: Power to sell or exchange land
1: The Board, with the consent of the Minister, may sell or exchange any land or interest in land vested in the Foundation other than land held in trust for any particular purpose, and may pay or receive on behalf of the Foundation any money by way of equality of exchange.
2: The powers of selling or exchanging land which are conferred upon the Board by this section shall, with the consent of the Minister, extend to land held in trust for any particular purpose, notwithstanding the terms of that trust; but the proceeds of any such sale, and the land or money obtained by any such exchange, shall be subject to the same or similar trusts, so far as may be, as the land so disposed of, and the Board shall where necessary execute a declaration of trust to record the terms of the trust following any such sale or exchange.
19: Power to grant leases
Notwithstanding the terms of any trust affecting any such land, the Board may lease any land vested in the Foundation on such terms and conditions as the Board thinks fit and whether by way of public auction, public tender, or private contract.
20: Grants to Foundation
1: There may from time to time be paid to the Foundation out of money appropriated by Parliament for the purpose—
a: such grants as the Minister of Finance from time to time approves:
b: such subsidies as the Minister of Finance from time to time approves on devises, bequests, and other contributions and gifts to the Foundation of money, land, and other property.
2: Any payment or grant made under paragraph (a) of subsection (1) may, with the approval of the Minister of Finance, be made by the issue of government securities of the appropriate amount to the Foundation. Where any government securities are so issued, the Board shall not sell or otherwise dispose of them without the consent of the Minister of Finance.
3: Any local authority within the meaning of the Local Government Act 2002 Section 20(3) amended 29 October 2016 section 94 Education Legislation Act 2016 Section 20(3) amended 1 July 2003 section 262 Local Government Act 2002
21: Capital and income of Foundation
1: The capital of the Foundation shall consist of:
a: all money contributed by contributors, whether in trust or otherwise:
b: all money paid to the Foundation by way of grants, subsidies, donations, and gifts under section 20
i: the interest arising from government securities issued pursuant to subsection (2) of the said section 20
ii: the income arising from any shares, debentures, or other like securities issued to or held on behalf of the Foundation and being the subject of a gift to the Foundation:
iii: any money paid to the Foundation in the form of an annuity or with an express direction by the donor that it is to be applied as income:
iv: any subsidy paid in respect of any income or money referred to in subparagraphs (ii) and (iii)
c: all property held by or on behalf of the Foundation under this Act:
d: all money derived from the sale of any property held by or on behalf of the Foundation under this Act:
e: all money borrowed under section 23
2: The income of the Foundation shall consist of:
a: all income derived from the investment of money by or on behalf of the Foundation under this Act:
b: all income derived from the administration of property held by or on behalf of the Foundation:
c: all money derived from the leasing of land under section 19
d: all other money not forming part of the capital of the Foundation.
22: Powers of investment
The Board may invest any money held by or on behalf of the Foundation, whether as capital or unexpended income, in accordance with the Trusts Act 2019 Section 22 replaced 30 January 2021 section 161 Trusts Act 2019
23: Power to borrow
1: The Board may from time to time, with the prior approval of the Minister of Finance, and subject to such conditions as that Minister may approve, borrow money on behalf of and for the purposes of the Foundation and for the development and improvement of any real or personal property vested in the Foundation.
2: The total amount of borrowing under this section shall not exceed three-fifths of the total value of the land and other capital assets of the Foundation.
3: The Board may give as security for any money borrowed under this section:
a: a mortgage of or charge on any land, or any interest in land owned by the Foundation:
b: a mortgage of or charge on any personal property owned by the Foundation:
c: a floating charge on the property of the Foundation.
24: Authorised expenditure
1: Subject to the provisions of this Act, the Board may apply the income of the Foundation in such manner as the Board thinks fit for all or any of the following purposes:
a: the education and vocational training of Pacific people
b:
c: the grant of financial assistance or of equipment or material to established schools or other educational institutions at which Pacific people
d: the making of grants to other funds established or bodies formed for the promotion of the education of Pacific people
e: the furtherance of the knowledge and appreciation of the advantages of better education amongst Pacific
f: the provision of bursaries with or without boarding allowances to assist Pacific people
g: the provision of bursaries to assist Pacific people
h: the advancement of money by way of loan, on such terms and conditions as the Board thinks fit, to any Pacific person to assist the person
i: the provision of post-graduate scholarships to Pacific people
j: the payment of travelling expenses to holders of any post-graduate scholarships, and the making of grants to meet the expenses of the wife , husband, civil union partner, de facto partner,
k: the making of special research or study grants to any Pacific person
l:
m: the provision of books, clothing, and other equipment for the holders of special bursaries, scholarships, or grants, or the making of grants to the parents or guardians of any such holders to assist them to provide books, clothing, and other equipment for any such holders:
n: the provision, furnishing, maintenance, and management of residential accommodation for Pacific people
o: the making of such other provision as the Board thinks expedient in order to further the purposes for which the Foundation is established:
p: the improvement, development, or the making of effective and profitable use of any land or other property held by or on behalf of the Foundation, the purchase or other acquisition of other property to be used with it, and all proper expenses of management of any such property:
q: the payment of costs of administration of the affairs of the Foundation, including its committees and agencies and the provision of office accommodation and equipment:
r: the making for any purposes not hereinbefore mentioned or otherwise specifically mentioned in this Act of payments not exceeding in the aggregate the sum of $500 in any one financial year.
2: The Board may apply such part of the capital of the Foundation as consists of money for all or any of the purposes referred to in paragraph (p) of subsection (1)
3: Notwithstanding anything in section 21 Section 24(1)﻿(a) amended 29 October 2016 section 95(1) Education Legislation Act 2016 Section 24(1)﻿(b) repealed 29 October 2016 section 95(2) Education Legislation Act 2016 Section 24(1)﻿(c) amended 29 October 2016 section 95(1) Education Legislation Act 2016 Section 24(1)﻿(d) amended 29 October 2016 section 95(1) Education Legislation Act 2016 Section 24(1)﻿(e) amended 29 October 2016 section 95(3) Education Legislation Act 2016 Section 24(1)﻿(f) amended 29 October 2016 section 95(1) Education Legislation Act 2016 Section 24(1)﻿(g) amended 29 October 2016 section 95(1) Education Legislation Act 2016 Section 24(1)﻿(h) amended 29 October 2016 section 95(4) Education Legislation Act 2016 Section 24(1)﻿(i) amended 29 October 2016 section 95(1) Education Legislation Act 2016 Section 24(1)﻿(j) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 24(1)﻿(k) amended 29 October 2016 section 95(5) Education Legislation Act 2016 Section 24(1)﻿(l) repealed 29 October 2016 section 95(2) Education Legislation Act 2016 Section 24(1)﻿(n) amended 29 October 2016 section 95(1) Education Legislation Act 2016 Section 24(3) inserted 9 October 1975 Pacific Islands Polynesian Education Foundation Amendment Act 1975
25: Conditions of tenure of scholarships, bursaries, and grants
1: The conditions of tenure of every bursary, scholarship, and grant shall be determined by the Board which shall select the recipients thereof, with or without the aid of competitive examinations or tests, and decide the school, university, or other institution at which the bursary, scholarship, or grant shall be held.
2: Every bursary, scholarship, or grant shall be of such value as the Board in its discretion determines and the Board may in its discretion renew or extend it with or without modification in value or conditions of tenure.
26: Bank account
The Board must, as soon as practicable after it receives money belonging to the Foundation, pay the money into the account of the Board at a bank appointed by the Board. Section 26 replaced 29 October 2016 section 96 Education Legislation Act 2016
27: Estimates of receipts and expenditure
1: The Board shall for each financial year make an estimate, in a form approved by the Minister of Finance, of the amount of the expenditure for all purposes and the receipts of the Foundation in that year. The estimate shall show separately the estimated amount of capital expenditure and income expenditure.
2: The estimate shall be forwarded in duplicate to the Minister on or before 1 November Section 27(2) amended 29 October 2016 section 97 Education Legislation Act 2016
28: 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 Foundation; and
b: will enable the Board to ensure that the financial statements of the Foundation comply with this Act; and
c: will enable the financial statements of the Foundation to be readily and properly audited.
2:
3:
4:
5: Section 28 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 28(2) repealed 29 October 2016 section 98 Education Legislation Act 2016 Section 28(3) repealed 29 October 2016 section 98 Education Legislation Act 2016 Section 28(4) repealed 29 October 2016 section 98 Education Legislation Act 2016 Section 28(5) repealed 29 October 2016 section 98 Education Legislation Act 2016
29: Financial statements must be prepared
The Board must ensure that, within 3 months after the end of the financial year, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the Foundation and that financial year; and
b: dated and signed on behalf of the Board by 2 members of the Board. Section 29 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
29A: Financial statements must be audited
1: The Board must ensure that the financial statements of the Foundation are audited.
2: The Foundation is a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor-General is its auditor. Section 29A replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
30: Annual report
1: The Board shall, not later than 31 December Minister for Pacific Peoples the financial statements of the Foundation Auditor-General
2: A copy of the report and of the financial statements Auditor-General Section 30(1) amended 29 October 2016 section 99(a) Education Legislation Act 2016 Section 30(1) amended 29 October 2016 section 99(b) Education Legislation Act 2016 Section 30(1) amended 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 30(1) amended 1 July 2001 section 52 Public Audit Act 2001 Section 30(2) amended 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 30(2) amended 1 July 2001 section 52 Public Audit Act 2001
31: Exemption from taxes
1: All land held by or on behalf of the Foundation shall be exempt from land tax.
2: The income of the Foundation shall be exempt from income tax.
3: Section 31(3) repealed 1 October 1973 section 2(2)﻿(c) Payroll Tax Repeal Act 1973
32: Office of Foundation
Section 32 repealed 29 October 2016 section 100 Education Legislation Act 2016
33: Members of Board and Special Committees not personally liable
1: No member of the Board is personally liable for—
a: an act done or omitted to be done by the Board or the Executive Committee; or
b: any loss to the Foundation arising out of any act done or omitted to be done by the member, if the act or omission was (so far as the member’s involvement is concerned) in good faith and in pursuance or intended pursuance of the functions of the Board or the Executive Committee.
2: No member of a Special Committee is personally liable for—
a: an act done or omitted to be done by the Special Committee; or
b: any loss to the Foundation arising out of any act done or omitted to be done by the member, if the act or omission was (so far as the member’s involvement is concerned) in good faith and in pursuance or intended pursuance of the functions of the Special Committee. Section 33 replaced 29 October 2016 section 101 Education Legislation Act 2016
34: Regulations
1: The Governor-General may from time to time, by Order in Council, make all such regulations as the Governor-General
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 34(1) amended 29 October 2016 section 102 Education Legislation Act 2016 Section 34(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021