New Zealand Legislation: Acts
Acts are laws made by Parliament
| Public Act | 1992 No 20 |
| Date of assent | 8 April 1992 |
This Act is administered in the Department of Internal Affairs.
An Act to provide for the control and maintenance of the National War Memorial
BE IT ENACTED by the Parliament of New Zealand as follows:
(1) This Act may be cited as the National War Memorial Act 1992.
(2) This Act shall come into force on the 1st day of July 1992.
This Act shall bind the Crown.
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.
In this Act, unless the context otherwise requires, Minister means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act.
Section 3A was inserted, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).
The National War Memorial in existence immediately before the commencement of this Act shall continue to be established in the city of Wellington.
The Minister shall control and maintain the National War Memorial.
Section 5 was amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”
.
(1) The piece of land described in subsection (3) of this section 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 of the Museum of New Zealand Te Papa Tongarewa Act 1992, its tenants, and any other person lawfully entitled so to do) from time to time and at all times by day and by night to go pass and repass, with or without horses and domestic animals of any kind and with or without carriages, vehicles, motor vehicles, machinery, and implements of any kind, over and along all that piece of land described in subsection (4) of this section to the end and intent that the right of way hereby created shall be forever appurtenant to the land described in subsection (3) of this section for all purposes connected with the use, occupation, and enjoyment thereof.
(3) The piece of land vested in the Crown by subsection (1) of this section 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) of this section 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.
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.
There is hereby established a council to be called the National War Memorial Advisory Council.
Compare: 1972 No 11 s 14(1)(c)
The principal function of the National War Memorial Advisory Council is to advise the Minister on all matters pertaining to the National War Memorial.
Compare: 1972 No 11 s 14(4)(b)
Section 9 was amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”
.
(1) The National War Memorial Advisory Council shall consist of—
(a) One person to be appointed by the Minister:
(b) Two persons to be appointed by the Minister on the recommendation of the New Zealand Returned Services' Association (Incorporated):
(c) A senior serving or retired officer of the Defence Force to be appointed by the Minister on the recommendation of the Chief of Defence Force:
(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 was amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”
.
Subsection (1)(d) was substituted, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32).
(1) Subject to section 12 of this Act, every member of the National War Memorial Advisory Council appointed under paragraph (a) or paragraph (b) or paragraph (c) of section 10(1) of this Act shall be appointed for a term not exceeding 3 years.
(2) Every member of the National War Memorial Advisory Council appointed under paragraph (a) or paragraph (b) or paragraph (c) of section 10(1) of this Act shall be eligible for reappointment from time to time.
(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 of this Act, shall continue to hold office, by virtue of the appointment for the term that has expired, until—
(a) That member is reappointed; or
(b) A successor to that member is appointed.
Compare: 1972 No 11 s 14(3)
(1) Any member of the National War Memorial Advisory Council appointed under paragraph (a) or paragraph (b) or paragraph (c) of section 10(1) of this Act may at any time be removed from office by the Minister for disability affecting performance of duty, bankruptcy, neglect of duty, or misconduct, proved to the satisfaction of the Minister.
(2) Any member of the National War Memorial Advisory Council appointed under paragraph (a) or paragraph (b) or paragraph (c) of section 10(1) of this Act may at any time resign his or her office by giving written notice to that effect to the Minister.
(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) of this Act dies or resigns or is removed from office, the vacancy so created shall be deemed to be an extraordinary vacancy.
(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.
Subsections (1) and (2) were amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”
.
Subject to this Act, and to any directions given by the Minister, the National War Memorial Advisory Council shall determine and regulate its own procedure.
Compare: 1972 No 11 s 14(5)
Section 13 was amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”
.
(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, and the provisions of that Act shall apply accordingly.
Compare: 1972 No 11 s 27
(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 or the National War Memorial Advisory Council, shall, either alone or with any other person or persons,—
(3) Every person who contravenes subsection (2) of this section commits an offence, and is liable on summary conviction to a fine not exceeding $1,000, and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues.
Subsection (2) was amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”
.
The Flags, Emblems, and Names Protection Act 1981 is hereby amended by adding to Schedule 3, after the item added by section 33 of the Museum of New Zealand Te Papa Tongarewa Act 1992, the following item:
| The National War Memorial Act 1992: section 15 | National War Memorial. |
|---|---|
| War Memorial, Carillon, and Hall of Memories. |
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 of this Act.
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 was amended, as from 1 October 2000, by section 12 Archives, Culture, and Heritage Reform Act 2000 (2000 No 32) by omitting the words “of Internal Affairs”
.