Howard Estate Act 1978

1: Short Title and commencement
1: This Act may be cited as the Howard Estate Act 1978.
2: This Act shall come into force on 1 January 1979.
2: Interpretation
In this Act, unless the context otherwise requires,— Board section 17(1) cadet Estate Public Trust financial year member Minister Public Trust Training Farm Section 2 Estate amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 2 Minister amended 1 March 2002 section 152(1) Public Trust Act 2001 Howard Estate
3: Public Trust to hold property as endowment
Subject to the provisions of this Act, Public Trust must hold, as a permanent endowment for the purposes of this Act,—
a: all property held by the Public Trustee under the Howard Estate Act 1919
b: all property subsequently acquired under this Act by the Public Trustee or Public Trust; and
c: all income derived from the property referred to in paragraphs (a) and (b) Section 3 substituted 1 March 2002 section 170(1) Public Trust Act 2001
4: Objects for which Estate to be held
1: Subject to subsection (2) Public Trust
a: the development and maintenance of the institute of agricultural education known as the Howard Agricultural Institute established under the Howard Estate Act 1919
b: the farming, improvement, and development of the farm land forming part of the Estate:
c: the assistance and development of any agricultural research or public agricultural education in New Zealand that may be to the special (but not necessarily exclusive) benefit of farming in the provincial district of Hawke's Bay.
2: The said institute shall be under the control of the Minister.
3: Subject to the provisions of this Act, Public Trust it it 1919 No 14 s 8 Section 4(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 4(3) amended 1 March 2002 section 170(1) Public Trust Act 2001
5: General powers of
Public Trust
1: Without limiting the generality of section 4(1) Public Trust
a: to farm, develop, and manage the farm land forming part of the Estate:
b: upon and subject to such terms and conditions (if any) as it
c: subject to subsection (2)
d: upon and subject to such terms and conditions (if any) as it it
e: to erect, add to, alter, or dismantle, any building or other work or improvement situated on land forming part of the Estate:
f: to maintain and keep in good order, repair, and condition, all buildings and other works and improvements forming part of the Estate:
g: to appoint such officers and servants, and at such salaries and upon and subject to such terms and conditions, as it
h: to make payments to or subsidise the National Provident Fund, or any fund or scheme established with the approval of the Minister, for the purpose of providing superannuation or retiring allowances for persons appointed under paragraph (g)
i: to insure any part of the Estate against public liability, loss or damage by fire or earthquake, or any other risk, insurance against which it
j: with the prior approval of the Minister, to do any other act or thing that is necessary, expedient, incidental, or conducive to the objects for which Public Trust
2: Every lease of land forming part of the Estate shall be made in accordance with the Public Bodies Leases Act 1969 Public Trust 1919 No 14 ss 3, 4 Section 5 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 5(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 5(1)﻿(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 5(1)﻿(d) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 5(1)﻿(g) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 5(1)﻿(i) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 5(1)﻿(j) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 5(2) amended 1 March 2002 section 170(1) Public Trust Act 2001
6: Powers of
Public Trust Public Trust
a: purchase, take on lease, or otherwise acquire any real property that is, in its it
b: sell or exchange any real property forming part of the Estate. Section 6 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 6 amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 6(a) amended 1 March 2002 section 170(1) Public Trust Act 2001
7: Power of investment
Despite section 48
a: in the common fund of Public Trust; or
b: in any securities for the time being authorised by the law of New Zealand for the investment of trust funds; or
c: with the prior consent of the Minister, in any other manner or securities. Section 7 substituted 1 March 2002 section 170(1) Public Trust Act 2001
8: Acceptance of property on trust
1: With the prior consent of the Minister, Public Trust
a: the objects for which it
b: any purpose for which it and in that case, that property shall be deemed to form part of the Estate and, subject to subsection (2)
2: Subject to section 7 Public Trust subsection (1) it Section 8(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 8(1)﻿(a) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 8(1)﻿(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 8(2) amended 1 March 2002 section 170(1) Public Trust Act 2001
9: Unauthorised expenditure
With the prior consent of the Minister, given on the recommendation of the Board, Public Trust Section 9 amended 1 March 2002 section 170(1) Public Trust Act 2001
10: Application of Public Trust Act 2001
1: The Estate is deemed to be an estate administered by Public Trust under the Public Trust Act 2001
2: All expenses incurred by Public Trust under this Act are charged against and payable out of the Estate.
3: There is also payable to Public Trust out of the Estate remuneration in accordance with Public Trust's scale of charges. Section 10 substituted 1 March 2002 section 170(1) Public Trust Act 2001
11: Public Trust
1: Subject to subsection (2) Public Trust
2: Without the prior approval of the Minister, no more than $500 shall be held in any such account.
3: No money shall be withdrawn from any such account except by cheque signed by a person appointed under section 5(1)﻿(g) Public Trust Section 11 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 11(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 11(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Smedley Cadet Training Farm
12: Smedley Cadet Training Farm to continue
1: It is hereby declared that the training farm for boys established under the scheme approved by an Order in Council dated 28 August 1946 made under the Howard Estate Act 1919
a: shall continue to form part of the Howard Agricultural Institute; and
b: shall, on and after the commencement of this Act, be known as the Smedley Cadet Training Farm.
2: The Training Farm shall be conducted, controlled, and administered in accordance with regulations made under this Act.
3: It is hereby declared that both males and females shall be eligible to be enrolled for training at the Training Farm.
13: Remuneration of cadets
While attending the Training Farm, every cadet—
a: shall be provided with free board and lodging; and
b: shall be paid an allowance comprising—
i: such remuneration for the farming work he does during his training and instruction; and
ii: a clothing allowance and such other allowances— as Public Trust Section 13(b) amended 1 March 2002 section 170(1) Public Trust Act 2001
14: Discipline at Training Farm
The Board may from time to time, with the approval of the Minister, make such rules as may be reasonably necessary for maintaining discipline among the cadets, and may from time to time, with the like approval, amend, revoke, or replace, all or any of those rules; and those rules shall be binding upon the cadets according to their tenor.
15: Additional courses at approved institution
Where any person who has completed any course of training and instruction at the Training Farm—
a: has, in the opinion of the Board, shown exceptional promise and ability; and
b: wishes to study at degree level at an institution (whether within or outside New Zealand) approved by Public Trust Public Trust Public Trust Section 15 amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 15(b) amended 1 March 2002 section 170(1) Public Trust Act 2001
16: Scholarships for farming courses
1: Public Trust Public Trust
2: In making any recommendation under subsection (1)
3: Every scholarship awarded under this section shall—
a: be tenable at such institution and for such period; and
b: so be awarded subject to such terms and conditions (if any); and
c: entitle the holder to be paid, or to have paid for his benefit, all or such part of the tuition fees at the institution concerned; and
d: entitle the holder to be paid such sum or sums by way of subsistence or other allowance or allowances— as Public Trust Section 16(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 16(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Howard Estate Advisory Board
17: Howard Estate Advisory Board established
1: There is hereby established the Howard Estate Advisory Board.
2: The Howard Estate Advisory Board established by subsection (1) section 2(1) of the Howard Estate Amendment Act 1927 1927 No 55 s 2(1)
18: Functions of Board
The functions of the Board shall be—
a: to advise Public Trust
b: to advise Public Trust
c: to exercise, have, and perform, such other functions, powers, and duties as are conferred on it by or under this or any other Act. 1927 No 55 s 7 Section 18(a) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 18(b) amended 1 March 2002 section 170(1) Public Trust Act 2001
19: Membership of Board
1: Subject to section 20 6
a: 1 member shall be appointed on the joint recommendation of the Hawkes Bay Provincial Executive and the Southern Hawkes Bay Provincial Executive of Federated Farmers of New Zealand (Incorporated):
b: 1 member shall be appointed on the recommendation or joint recommendation of a body or bodies recognised by the Minister as representing the interests of the parents of students attending State primary and secondary schools in the Provincial District of Hawke's Bay:
c: 1 member shall be appointed on the joint recommendation of the Central Hawke's Bay District Council, the Tararua District Council, and the Wairoa District Council (or their respective successors) and every Chamber of Commerce whose offices are within the district of any such council:
d: 1 member shall be appointed on the joint recommendation of the Napier City Council and the Hastings District Council (or their respective successors) and every Chamber of Commerce whose offices are within the district of any such council:
e: 1 member shall be appointed on the joint recommendation of every society, within the meaning of the Agricultural and Pastoral Societies Act 1908
f: 1 member shall be appointed on the recommendation of the Smedley Ex-Cadets Association Incorporated.
2: Subject to subsection (1)
3: Every person who was a member immediately before the commencement of this Act shall, unless he sooner vacates his office under section 22(1)
4: Every person who, immediately before the commencement of Schedule 16 subsection (1)﻿(c) or subsection (1)﻿(d) section 22(1) 1927 No 55 s 2(3) Section 19(1) amended 17 December 1985 Howard Estate Amendment Act 1985 Section 19(1)﻿(b) substituted 16 December 1988 Howard Estate Amendment Act 1988 Section 19(1)﻿(c) substituted 1 July 2003 section 262 Local Government Act 2002 Section 19(1)﻿(d) substituted 1 July 2003 section 262 Local Government Act 2002 Section 19(1)﻿(f) added 17 December 1985 Howard Estate Amendment Act 1985 Section 19(4) added 1 July 2003 section 262 Local Government Act 2002
20: Disqualification for appointment
No person shall be capable of becoming a member if—
a: he is not of full age or full capacity; or
b: he is alien; or
c: he is a bankrupt who has not yet obtained his order of discharge, or whose order of discharge is suspended for a term not yet expired or is subject to conditions not yet fulfilled; or
d: he has been sentenced to a term of imprisonment in respect of any offence for which he has been convicted and has neither obtained a full pardon nor served the sentence; or
e: he holds a position in the service of the New Zealand Government or the Estate to which any fees, salary, or emolument are attached.
21: Term of office
1: Subject to subsection (2)
2: Unless he sooner vacates his office under section 22(1) 1927 No 55 s 2(2)
22: Extraordinary vacancies
1: Any member may be removed from office by the Governor-General for inability to perform the functions of the office section 21
a: dies; or
b: becomes disqualified for appointment; or
c: is removed from office; or
d: resigns; or
e: is absent without leave from 3 consecutive meetings of the Board— his office shall become vacant and that vacancy shall be deemed to be an extraordinary vacancy.
2: Notwithstanding subsection (1)﻿(b)
a: his office shall not become vacant until the time for appealing against the conviction or the sentence has expired and, where he has appealed against the conviction, the sentence, or both, until the appeal has been determined:
b: during the time specified in paragraph (a)
3: Where an extraordinary vacancy has arisen, it shall as soon as practicable be filled by the appointment of some qualified person,—
a: in the same manner as; and
b: for the residue of the term for which— the vacating member was appointed. 1927 No 55 s 4 Section 22(1) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
23: Chairman of Board
1: Whenever that office is vacant, the members shall elect a Chairman from among themselves.
2: Every Chairman shall hold office until—
a: the expiration of the term of office as member during which he was elected Chairman; or
b: he ceases to be a member; or
c: he resigns as Chairman,— whichever is the soonest; but so long as he remains a member he shall be eligible for re-election as Chairman.
3: The Chairman shall preside at every meeting of the Board at which he is present; but if he is not present then the members present shall elect a person to preside from among themselves.
4: The person who, immediately before the commencement of this Act, held office as Chairman shall, unless he sooner vacates his office as a member under section 22(1) 1927 No 55 ss 3, 5(3)
24: Meetings of Board
1: The Board shall hold a meeting within 1 month of the appointment of its members for a term of 3 years.
2: Subject to subsections (1) and (3)
3: Any 4
4: At any meeting of the Board, 4
5: Subject to subsection (6)
6: At any meeting of the Board the Chairman or person presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
7: Subject to the provisions of this Act, the Board may regulate its procedure in such manner as it thinks fit. 1927 No 55 s 5 Section 24(3) amended 17 December 1985 Howard Estate Amendment Act 1985 Section 24(4) amended 17 December 1985 Howard Estate Amendment Act 1985
25: Members' interests
The Local Authorities (Members' Interests) Act 1968 Public Trust
a: Public Trust
b: the Board were a committee of that local authority. Section 25 amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 25(a) amended 1 March 2002 section 170(1) Public Trust Act 2001
26: Travelling allowances and expenses
1: Each member shall, when absent from his usual place of residence on business of the Board, be entitled to be paid, out of the Estate,—
a: his actual and reasonable travelling expenses; and
b: a prescribed amount for each day or part of a day during which he is so absent.
2: For the purposes of subsection (1) business of the Board
a: attendance at any meeting of the Board or of any committee of the Board; or
b: any business transacted pursuant to a resolution of the Board. Gazette
27: Secretary
The Board may from time to time appoint some suitable person to be Secretary of the Board; and in that case that person may be paid, out of the Estate, such salary or honorarium as the Board, with the prior approval of the Minister, decides. 1927 No 55 s 6 Miscellaneous
28: Public Trust
1: With the prior consent of the Minister, Public Trust it it
2: Without limiting the generality of subsection (1)
a: by way of advance out of the common fund of Public Trust under section 56
b: on the security of any part of the Estate; and in that case Public Trust
i: execute such mortgage or other documents as may be required by the lender; and
ii: enter into such covenants and agreements as may be agreed upon between it
iii: do all such other things as are necessary to enable the granting of that security and the registration of any document relating to it. 1955 No 103 s 19 Section 28 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 28(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 28(2)﻿(a) substituted 1 March 2002 section 170(1) Public Trust Act 2001 Section 28(2)﻿(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 28(2)﻿(b)﻿(ii) amended 1 March 2002 section 170(1) Public Trust Act 2001
29: Accounts
1: Public Trust it
2: As soon as practicable after the close of each financial year, Public Trust
a: the income and expenditure for that year relating to the Estate and the objects for which it
b: the assets comprising the Estate, and any liabilities relating thereto, as at the end of that year. Section 29(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 29(2) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 29(2)﻿(a) amended 1 March 2002 section 170(1) Public Trust Act 2001
30: Annual report
As soon as practicable after the preparation, in respect of any financial year, of the statements of account referred to in section 29(2) Public Trust its Section 30 amended 1 March 2002 section 170(1) Public Trust Act 2001
31: Liability for rates
Notwithstanding that it is vested in Public Trust 1922 No 51 s 38 Section 31 amended 1 March 2002 section 170(1) Public Trust Act 2001
32: Upkeep of grave of Josiah Howard
Public Trust it 1921–22 No 72 s 42 1926 No 29 s 5 Section 32 amended 1 March 2002 section 170(1) Public Trust Act 2001
33: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the conduct, control, and administration of the Training Farm:
b: prescribing the manner of appointment of members of the Board:
c: prescribing travelling allowances and expenses for members of the Board:
d: providing for such matters as are contemplated by, or necessary for giving full effect to, the provisions of this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 1927 No 55 s 10 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 33(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
34: Repeals and revocations
1: The enactments specified in Schedule 1
2: The regulations and Orders in Council specified in Schedule 2