National War Memorial Act 1992

1: Short Title and commencement
1: This Act may be cited as the National War Memorial Act 1992.
2: This Act shall come into force on 1 July 1992.
2: Act to bind the Crown
This Act shall bind the Crown.
3: Purposes
The purposes of this Act are—
a: to preserve and maintain the sanctity and dignity of the National War Memorial as a national monument to those who gave their lives in the service of their country; and
b: to provide for the control and maintenance of the National War Memorial.
3A: Interpretation
In this Act, unless the context otherwise requires, Minister Section 3A inserted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
4: National War Memorial
The National War Memorial in existence immediately before the commencement of this Act shall continue to be established in the city of Wellington.
5: Minister to control and maintain Memorial
The Minister Section 5 amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
6: Vesting of land and of right of way in the Crown
1: The piece of land described in subsection (3) is hereby vested in the Crown for the purposes of the National War Memorial.
2: There is hereby vested in Her Majesty the Queen the full, free, uninterrupted, and unrestricted right, liberty, and privilege for Her Majesty the Queen, her servants, tenants, agents, workmen, licensees, and invitees (in common with the Museum of New Zealand Te Papa Tongarewa Board constituted by section 6
3: The piece of land vested in the Crown by subsection (1) for the purposes of the National War Memorial is all that piece of land containing 5 800 square metres, more or less, situated in Blocks VI and VII, Port Nicholson Survey District, and being part of Section 126, Town of Wellington; as is more particularly shown and marked “A” on SO Plan 36784, lodged in the office of the Chief Surveyor at Wellington.
4: The servient tenement for the purposes of the right of way created by subsection (2) is all that piece of land containing 3 000 square metres, more or less, situated in Blocks VI and VII, Port Nicholson Survey District, and being part of Section 126, Town of Wellington; as is more particularly shown and marked “B” on SO Plan 36784, lodged in the office of the Chief Surveyor at Wellington.
7: Vesting of personal property in the Crown
All personal property which is vested in the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial immediately before the commencement of this Act and which relates to the National War Memorial is hereby vested in the Crown for the purposes of the National War Memorial. National War Memorial Advisory Council
8: National War Memorial Advisory Council
There is hereby established a council to be called the National War Memorial Advisory Council. 1972 No 11 s 14(1)(c)
9: Function of Council
The principal function of the National War Memorial Advisory Council is to advise the Minister 1972 No 11 s 14(4)(b) Section 9 amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
10: Membership of Council
1: The National War Memorial Advisory Council shall consist of—
a: 1 person to be appointed by the Minister
b: 2 persons to be appointed by the Minister
c: a senior serving or retired officer of the Defence Force to be appointed by the Minister
d: the chief executive of the department that is for the time being responsible for the administration of this Act.
2: One member of the National War Memorial Advisory Council shall be appointed as chairperson by the Minister Section 10(1)(a) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 10(1)(b) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 10(1)(c) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 10(1)(d) substituted 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 10(2) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
11: Term of office
1: Subject to section 12 section 10(1)
2: Every member of the National War Memorial Advisory Council appointed under paragraph (a) or paragraph (b) or paragraph (c) of section 10(1)
3: Where the term for which a member of the National War Memorial Advisory Council has been appointed expires, that member, unless sooner vacating or removed from office under section 12
a: that member is reappointed; or
b: a successor to that member is appointed. 1972 No 11 s 14(3)
12: Extraordinary vacancies
1: Any member of the National War Memorial Advisory Council appointed under paragraph (a) or paragraph (b) or paragraph (c) of section 10(1)
2: Any member of the National War Memorial Advisory Council appointed under paragraph (a) or paragraph (b) or paragraph (c) of section 10(1)
3: If any member of the National War Memorial Advisory Council appointed under paragraph (a) or paragraph (b) or paragraph (c) of section 10(1)
4: An extraordinary vacancy shall be filled in the same manner in which the appointment to the vacant office was originally made.
5: Every person appointed to fill an extraordinary vacancy shall be appointed for the residue of the term for which the vacating member was appointed.
6: The powers of the National War Memorial Advisory Council shall not be affected by any vacancy in its membership. Section 12(1) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 12(2) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
13: Procedure
Subject to this Act, and to any directions given by the Minister 1972 No 11 s 14(5) Section 13 amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000
14: Fees and allowances of members of Council
1: The National War Memorial Advisory Council is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951
2: There may be paid out of money appropriated by Parliament for the purpose to the members of the National War Memorial Advisory Council remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 1972 No 11 s 27 Miscellaneous provisions
15: Protection of names
1: No body shall be incorporated or registered under any other enactment or in any other manner, under the following names:
a: “National War Memorial”:
b: “War Memorial, Carillon, and Hall of Memories”:
c: any other name that so resembles any name listed in paragraph (a) or paragraph (b) as to be likely to mislead any person.
2: No person other than the Minister
a: carry on business, or conduct any activities in relation to any name listed in paragraph (a) or paragraph (b) of subsection (1); or
b: carry on business, or conduct any activities in relation to any name knowing that that name so resembles any name listed in paragraph (a) or paragraph (b) of subsection (1) as to be likely to mislead any person.
3: Every person who contravenes subsection (2) commits an offence, and is liable on Section 15(2) amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 15(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
16: Amendment to Flags, Emblems, and Names Protection Act 1981
Amendment(s) incorporated in the Act(s)
17: References to War Memorial, Carillon, and Hall of Memories deemed references to National War Memorial
Every reference to the National War Memorial, the Carillon, or the Hall of Memories in any enactment passed before the commencement of this Act, or in any document executed before that date, shall, unless the context otherwise requires, be deemed to be a reference to the National War Memorial continued in existence by section 4
18: References to Board of Trustees deemed references to Minister
Every reference to the Board of Trustees of the National Art Gallery and the Dominion Museum, or to the Board of Trustees of the National Art Gallery, the National Museum, and the National War Memorial in any enactment passed before the commencement of this Act, or in any document executed before that date, shall, in so far as it relates to the National War Memorial, and unless the context otherwise requires, be read as a reference to the Minister Section 18 heading amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000 Section 18 amended 1 October 2000 section 12 Archives, Culture, and Heritage Reform Act 2000