Taratahi Agricultural Training Centre (Wairarapa) Act 1969

1: Short Title and commencement
1: This Act may be cited as the Taratahi Agricultural Training Centre (Wairarapa)
2: This Act shall come into force on 1 January 1970. Section 1(1) amended 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981
2: Interpretation
In this Act, unless the context otherwise requires,— financial statements section 6 generally accepted accounting practice section 8 Minister responsible Minister training centre Schedule trust board 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 Section 2 Minister amended 1 July 1995 section 6(1)﻿(b) Ministry of Agriculture and Fisheries (Restructuring) Act 1995 Section 2 training centre inserted 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 Section 2 training farm repealed 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 Section 2 trust board substituted 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981
3: Taratahi Agricultural Training Centre (Wairarapa) Trust Board
1: There is hereby constituted for the purposes of this Act a body corporate under the name of the Taratahi Agricultural Training Centre (Wairarapa)
2: The trust board shall consist of—
a: 1 member to be appointed on the nomination of the committee of the Masterton Agricultural and Pastoral Association:
b: 1 member to be appointed on the nomination of the committee of the Wairarapa and East Coast Pastoral and Agricultural Society:
c: 1 member to be appointed on the nomination of the Federated Farmers of New Zealand Wairarapa Provincial District Incorporated:
d: 1 member appointed on the nomination of the workforce development council whose specified industry coverage includes agriculture:
e:
f: 1 member to be appointed on the nomination of the Minister of Education:
g: the chief executive of the new Ministry
h: 2 other members
2A: The Governor-General may from time to time, by Order in Council, amend any of paragraphs (a) to (d) of subsection (2) to provide for a change of name of any organisation referred to in those paragraphs or for another organisation to be a nominating organisation if the Governor-General considers that the other organisation is a clear successor to the first-mentioned organisation.
2B:
3: The members of the trust board other than the chief executive of the new Ministry provided that the members of the committee of trustees referred to in the Preamble section 4
4: An order under subsection (2A) is secondary legislation ( see Part 3
4: 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 3 heading amended 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 Section 3(1) amended 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 Section 3(2) substituted 8 March 1985 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1985 Section 3(2)﻿(d) replaced 1 April 2020 section 78(1) Education (Vocational Education and Training Reform) Amendment Act 2020 Section 3(2)﻿(e) repealed 2 September 1996 section 2(1)﻿(b) Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996 Section 3(2)﻿(g) amended 1 March 1998 section 5(1)﻿(a) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 3(2)﻿(h) substituted 2 September 1996 section 2(1)﻿(c) Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996 Section 3(2A) inserted 2 September 1996 section 2(2) Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1996 Section 3(2B) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 3(3) amended 1 March 1998 section 5(1)﻿(a) Ministries of Agriculture and Forestry (Restructuring) Act 1997 Section 3(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 3(4) repealed 12 December 2000 section 3(2) Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2000
3A: Deputy of chief executive of Ministry of Agriculture and Forestry
1: The chief executive of the Ministry of Agriculture and Forestry may from time to time in writing—
a: appoint an employee of the chief executive to act as the chief executive's deputy for the purposes of this Act; or
b: cancel the appointment.
2: The deputy is entitled to act under this Act on behalf of the chief executive.
3: The deputy is not entitled to appoint any other deputy.
4: The fact that an employee of the chief executive exercises or performs any of the chief executive's powers or functions under this Act is conclusive evidence of the employee's appointment under subsection (1) as the chief executive's deputy; and no act done by the employee as the chief executive's deputy, and no act done by the trust board while the employee is acting as the chief executive's deputy, may in any proceedings be questioned on the ground that the occasion for the employee's so acting had not arisen or had ceased.
5: This section does not prevent the chief executive from exercising any power or performing any function conferred on the chief executive by this Act. Section 3A inserted 12 December 2000 section 3(1) Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2000
4: Extraordinary vacancies
1: Any appointed member of the trust board may at any time be removed from office by the Minister for inability to perform the functions of the office
2: If any appointed member of the trust board dies, or resigns, or is removed from office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall, subject to the provisions of this Act, hold office for the residue of the term for which his predecessor was appointed.
3: The powers of the trust board shall not be affected by any vacancy in its membership. Section 4(1) amended 1 January 2002 section 70(1) Human Rights Amendment Act 2001
5: Chairman
1: At the first meeting of the trust board held after the commencement of this Act, at the first meeting of the board held after 30 June 1970, and at the first meeting of the board held after 30 June in every year thereafter, the board shall appoint one of its members to be chairman.
2: Any person appointed as chairman of the trust board shall hold office, while he continues to be a member of the board or unless he sooner resigns his office, until the appointment of his successor, and may be reappointed.
6: Meetings of trust board
1: The first meeting of the trust board shall be held at a time and place appointed by the person holding office at the commencement of this Act as the chairman of the committee of trustees referred to in the Preamble
2: Subsequent meetings of the trust board shall be held at such times and places as the board or the chairman appoints from time to time.
3: The chairman of the trust board, or any 3 members thereof, may at any time call a meeting of the board.
4: At all meetings of the trust board, 4 members shall form a quorum.
5: In the absence of the chairman from any meeting of the trust board, the members present shall appoint one of their number to be the chairman of that meeting.
6: At any meeting of the trust board the chairman presiding at that meeting shall have a deliberative vote, and, in the case of an equality of the votes, shall also have a casting vote.
7: All questions before the trust board shall be decided by a majority of the valid votes recorded thereon.
8: Subject to this section, the trust board shall determine its own procedure.
6A: Fees and allowances of trust board members
1: The trust board is hereby declared to be a statutory board within the meaning of the Fees and Travelling Allowances Act 1951
2: There shall be paid to each member of the trust board who is not an officer of the State services, out of the funds of the trust, remuneration by way of fees or allowances, and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 Section 6A inserted 9 October 1975 Wairarapa Cadet Training Farm Amendment Act 1975
7: Functions of trust board
The functions of the trust board shall be to administer all real and personal property vested in it upon the trusts specified in the Preamble provided that for the purposes of this Act the expression modern practical farming practice
8: Vesting of property in trust board
1: The land described in the Schedule
2: All personal property vested in the Crown immediately before the commencement of this Act and held for the purposes of the trust specified in the Preamble
3: If any question arises as to whether or not any personal property has vested in the trust board pursuant to subsection (2), that question shall be determined by the Minister, whose decision shall be final.
9: Powers of trust board
1: Subject to subsection (2), in the exercise of its functions the trust board shall have the following powers:
a: to farm, develop, and manage the training centre
b: to sell, exchange, or otherwise deal with any of its personal property upon such terms and subject to such conditions as it determines:
c: to acquire, whether by purchase or otherwise, any personal property for its general purposes or for any particular purpose:
d: with the prior consent of the Minister, to acquire by purchase, gift, or otherwise howsoever any real property for its general purposes or for any particular purpose:
e: to erect, add to, or alter such buildings, other works, and improvements on the training centre
f: to maintain and keep in good order, condition, and repair all buildings, other works, and improvements vested in the trust board:
g: to appoint officers and servants at such salaries and upon such conditions as it thinks fit, and make contributions to the global asset trust or any pool of the global asset trust or any existing scheme
h: to insure against public liability, loss, or damage by fire or earthquake or such other risks as the trust board may from time to time consider necessary or expedient.
2: Except with the prior consent of the Minister, the board shall not—
a: incur capital expenditure exceeding $100,000 plus any goods and services tax payable
b: alter the mode of investment of any of its funds:
c: make any major policy change with respect to the use of the training centre
2A: The trust board may, in any year ending with 30 June, expend out of the funds of the trust for purposes not authorised by this Act or by any other Act or law, such sum or sums as it thinks fit not amounting in the aggregate to more than $200. Section 9(1)﻿(a) amended 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 Section 9(1)﻿(e) amended 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 Section 9(2)﻿(a) amended 19 December 2002 section 3 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2002 Section 9(2)﻿(c) amended 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 Section 9(1)﻿(g) amended 7 September 1990 section 34(b) National Provident Fund Restructuring Act 1990 Section 9(2A) inserted 9 October 1975 Wairarapa Cadet Training Farm Amendment Act 1975
10: Training centre Except with the prior consent of the Minister, the trust board shall not sell, exchange, or lease the training centre Section 10 heading amended 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981 Section 10 amended 22 October 1981 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 1981
11: Borrowing powers of trust board
1: The trust board may from time to time borrow money from its bankers by way of overdraft.
2: In addition to the power conferred by subsection (1), the trust board shall have power, with the prior consent of the Minister and upon and subject to such conditions as the Minister thinks fit, to borrow money for any of the purposes of the board.
3: For the purpose of securing the repayment of money borrowed pursuant to this section, the trust board may, with the prior consent of the Minister and upon and subject to such conditions as the Minister thinks fit, mortgage or charge any real or personal property owned by the board Section 11(3) amended 7 July 2010 section 5 Taratahi Agricultural Training Centre (Wairarapa) Amendment Act 2010
12: Contracts of trust board
1: The trust board is hereby declared to be a public body for the purposes of the Public Bodies Contracts Act 1959 Local Authorities (Members' Interests) Act 1968
2: Amendment(s) incorporated in the Act(s)
3: Amendment(s) incorporated in the Act(s)
13: Banking of money
1: All money belonging to the trust board shall, within 7 days after it has been received by the proper officer 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 the bank except by authority of the trust board and by cheque signed and countersigned by at least 2 persons whom the board from time to time appoints for that purpose.
14: Accounting records must be kept
1: The trust board must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the trust board; and
b: will enable the trust board to ensure that the financial statements of the trust board comply with this Act; and
c: will enable the financial statements of the trust board to be readily and properly audited.
2: The trust 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 14 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
14A: Financial statements must be prepared
The trust board must ensure that, within 3 months after the end of the financial year ending on 31 December, financial statements that comply with generally accepted accounting practice are—
a: completed in relation to the trust board and that financial year; and
b: dated and signed on behalf of the trust board by 2 members of the trust board. Section 14A inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
14B: Financial statements must be audited
1: The trust board must ensure that the financial statements of the trust board are audited.
2: The trust board is a public entity as defined in section 4 Section 14B inserted 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013
15: Exemption from land tax and income tax
The trust board is hereby declared to be exempt from the payment of land tax and income tax.
16: Members not personally liable
No member of the trust board shall be personally liable for any act done or omitted by the board or by any member thereof in good faith in the course of the operations of the board.
17: Annual report
The trust board must provide to the Minister a report of its operations during each year ending on 31 December, a copy of its financial statements for that year, and a copy of the audit report on those statements, as soon as practicable after the end of that year. Section 17 replaced 1 April 2014 section 125 Financial Reporting (Amendments to Other Enactments) Act 2013