Okains Bay Maori and Colonial Museum Bill-4-1

Miss Dewe

OKAINS BAY MAORI AND COLONIAL MUSEUM BILL

[PRIVATE]

ANALYSIS

Title Preamble 11. Contracts by Board 1. Short Title 12. Powers of Board 2. Interpretation 13. Purposes declared charitable 3. Constitution of Board 14. Refund of expenditure to Board 4. Membership of Board members 5. Appointment of members of Board 15. Books of account 6. Term of ofoce of members of the 16. Annual financial report Board 17. Exemption of Board members from 7. Meetings of Board personal liability 8. Committees 18. Powers and duties of the Trustees 9. Chairman of committees 19. Museum to be held by Board 10. Procedure ar meetings of Board 20. Wishes of the Founder and committees 21. Private Act

A BILL INTITULED

An Act to incorporate tile Board of Control of the Okains Bay Maori and Colonial Museum WHEREAS MURRAY THACKER of Okains Bay, Farmer, 5 pursuant to a Deed of Trust bearing date the 5th day of February 1977 made between the said MURRAY THACKER as Founder and the said MURRAY THACKER, his wife MARLENE MAvIs THAcKER of Okains Bay, ALEXANDER JAMES BOLEYN of Okains Bay, Farmer, FANCIS TE01>IE PATAKI ROBINSON 10 of Little River, ENOKA MuNRo of .Christchurch, Educa-

No. 4-1 Price 206 2 Okains Bay Maori and Colonial Museum

tion Adviser, ROBERT PARKER of Christchurch, Plumber, BARRY JAMES ERIC BRAILSFORD of Sumner, Christchurch, Lecturer, ANTHONY COLIN EARL of Little Akaloa, Farmer, CHRISTOPHER RICHARD BODKIN THACKER of Okains Bay, Farmer, JENIFER LILIAN INWOOD of Le Bons Bay, Married 5 Woman, WESTON ARMSTRONG SHUTTLEWORTH of Akaroa, Exchange Operator, RALPH JENKINS of Port Levy, Farmer, and MERVYN CARRIC BUTLER of Christchurch, as Trustees, has transferred to the said Trustees certain land situated as Okains Bay, Banks Peninsula, comprising 1 acre, 10 more or less, being part Rural Section 359 and being the whole of the land comprised and described in certificate of title Volume 404, Folio 212 (Limited as to parcels) (Canter- bury Land Registry), together with the buildings and other improvements and his collection of Maori curios, artifacts 15 and antiquities and Colonial and European antiques and articles of historical interest (all hereinafter, together with any additions thereto, called "the said exhibits") that are housed in the buildings erected on the said land: AND WHEREAS by the said Deed of Trust the Trustees 20 were directed to hold the said land buildings and exhibits upon trust in perpetuity as a museum at Okains Bay aforesaid to house and display the said exhibits and all additions thereto for the benefit of the public of New Zealand in accordance with the said Deed of Trust and subject to the 25 powers and provisions therein contained: AND WHEREAS the Trustees were directed by the said Deed of Trust to take forthwith all necessary steps to introduce and obtain the passing of a private Act of Parliament having for its objects the constitution of a Board of Control to 30 administer and control the said museum and the transfer thereto of the said land, buildings, and exhibits: AND WHEREAS, although it may be possible for the objects of this Act to be attained otherwise than by legislation, it is the wish of the said Murray Thacker and the Trustees under 35 the said Deed of Trust be achieved, and it is his and their belief that the objects of this Act ( and in particular the constitution of the appointment of members of the Board) ran be more satisfactorily achieved, by the passing of this Act: 40 BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same, as follows: Okains Bay Maori and Colonial Museum 3

1. Short Title-This Act may be cited as the Okains Bay Maori and Colonial Museum Act 1978.

2. Interpretation-In this Act, unless the context otherwise requires,- 5 "Board" means the Okains Bay Maori and Colonial Museum Board constituted under this Act: "Museum" means the said land, buildings, and exhibits to be held by the Board under section 18 of this Act: "Trustees" means the Trustees for the time being of the 10 said Deed of Trust.

3. Constitution of Board-(1) There is hereby constituted for the purposes of this Act, a Board to be called the Okains Bay Maori and Colonial Museum Board. ( 2) The Board shall be a body corporate with perpetual 15 succession and a common seal, and shall be capable of holding real and personal property, and of suing and being sued, and of doing and suffering all such acts and things as bodies corporate may do and suffer.

4. Membership of Board-The members of the Board shall 20 be permanent residents of the Provincial District of Canter- bury appointed or elected as follows: ( a) The said Murray Thacker or such member of his own family as he shall in writing appoint in his place during his life or, in the event of his death, he shall 25 appoint by will or, in default of such appointment, his personal representatives shall appoint after his death in his place. After the death of the said Murray Thacker and such other member of his family so appointed a member of the Thacker 30 family shall be appointed by members of the Thacker family so entitled to participate in such appointment in accordance with the provisions of subsection (3) of section 5 of this Act: (b) Marlene Mavis Thacker the wife of the said Murray 35 Thacker or such member of the said Murray Thacker's own family as she shall in writing appoint in her place during her life or, in the event of her death, she shall appoint by will or, in default of any such appointment, her personal representa- 40 tives shall appoint after her death in her place. After the death of the said Marlene Mavis Thacker 4 Okains Bay Maori and Colonial Museum

and such other member of the Thacker family so appointed a member of the Thacker family shall be appointed by members of the Thacker family so entitled to participate in such appointment in accordance with the provisions of subsection (3)of 5 section 5 of this Act:

(c) The Local Riding member for the time being for the Okains Bay Riding of the Akaroa County Council (or if there is no such riding) a member appointed by the local body or bodies for the time being 10 administering the area at present administered by the Akaroa County Council: (d) One Maori member from Banks Peninsula residing within one of the following counties, namely, Akaroa, Wairewa, and Mount Herbert, the first 15 such member to be Francis Teone Pataki Robinson of Little River and subsequent such members to be appointed by the Minister of Maori Affairs: (e) One Maori member for the remaining area of the Provincial District of Canterbury, the first such 20 member to be Enoka Munro of Christchurch, and subsequent such members to be appointed by the Minister of Maori Affairs: (f) A member to represent the New Zealand Antique Arms Association ( Incorporated), the first such 25 member to be Robert Parker of Christchurch, and subsequent such members to be appointed by that Association: (g) A member to represent the New Zealand Archaeo- logical Association ( Incorporated), the first such 30 member to be Barry James Eric Brailsford of Sumner, Christchurch, and subsequent such members to be appointed by that Association: (h) For the first period of 3 years after the passing of this Act Anthony Colin Earl of Little Akaloa, being a 35 resident in the Little Akaloa section of the Okains Bay Riding of the Akaroa County, and thereafter one member, being a resident in the said Little Akaloa section of the Okains Bay Riding, elected by those persons for the time being on the Akaroa 40 County Electoral Roll resident in the said Little Akaloa section of the Okains Bay Riding who Okains Bay Maori and Colonial Museum 5

notify their intention to vote in such election to the Board in accordance with subsection (2) of section 5 of this Act: (i) For the first period of 3 years after the passing of this 5 Act Christopher Richard Bodkin Thacker of Okains Bay, being a resident in the Okains section of the Okains Bay Riding of the Akaroa County, and thereafter one member, being a resident in the said Okains section of the Okains Bay Riding elected 10 by those persons for the time being on the Akaroa County Electoral Roll resident in the said Okains section of the Okains Bay Riding who notify their intention to vote in such election to the Board in accordance with subsection (2) of section 5 of this 15 Act: ( j) For the first period of 3 years after the passing of this Act Jenifer Lilian Inwood of Le Bons Bay, being a resident in the Le Bons Bay Riding of the Akaroa County, and thereafter one member, being a resi- 20 dent in the said Le Bons Bay Riding elected by those persons for the time being on the Akaroa County Electoral Roll resident in the said Le Bons Bay Riding who notify their intention to vote in such election to the Board in accordance with 25 subsection (2) of section 5 of this Act: (k) For the first period of 3 years after the passing of this Act Weston Armstrong Shuttleworth of Akaroa, being a resident in the Akaroa County Town, and thereafter one member, being a resident of either 30 the said Akaroa County Town or any Riding of the Akaroa County bordering on the Akaroa Harbour elected by those persons for the time being on the Akaroa County Electoral Roll resident in the said Akaroa County Town or any such ridings who 35 notify their intention to vote in such election to the Board in accordance with subsection (2) of section 5 of this Act: (1) For the first period of 3 years after the passing of this Act Ralph Jenkins of Port Levy, being a resident in 40 the Port Levy Riding of the Mount Herbert County, and thereafter one member, being a resident in either the said Port Levy Riding or the Pigeon Bay Riding of the Akaroa County elected by those persons on the Akaroa County Electoral 6 Okains Bay Maori and Colonial Museum

Roll resident in the said Pigeon Bay Riding of the Akaroa County and the said Port Levy Riding of the Mount Herbert County who notify their intention to vote in such election in accordance with subsection (2) of section 5 of this Act: 5 (m) A person to represent the Canterbury Education Board, the first such member being Mervyn Carric Butler of Christchurch, and subsequent such members to be appointed by that Board.

5. Appointment of members of Board-(1) It shall be the 10 duty of the Board, as soon as conveniently may be after an appointed member's seat has become vacant or his term of office has expired, to give notice in that behalf to the person or persons or body in whom for the time being is vested the power to appoint his successor requiring such person or per- 15 sons or body to appoint such successor, and to notify the Board of such appointment and if such person or persons or body, as the case may be, fails to appoint such successor and notify the Board thereof within 6 months after the receipt by him, them, or it of such notice as aforesaid, the remaining 20 members of the Board may appoint such successor, and any appointment so made by the said remaining members of the Board shall be deemed to have been made by the person or persons or body so failing or neglecting to appoint as aforesaid. 25 ( 2) With respect to the election of members pursuant to paragraphs (h), (i), (j), (k), and (1) of sectiin 4 of this Act, the following provisions shall apply: (a) The Secretary of the Board or such other person as the Board shall appoint shall be the returning 30 officer for the election and shall make all necessary arrangements for and conduct the election: (b) The Board shall, before the election for any member or members of the Board, cause a notice to be inserted twice in a newspaper circulating in the 35 area or areas in respect of which such election is being held requesting residents of such area whose names are on the then current County Electoral Roll for the County in which such area is situated to notify the Board or some person appointed by it 40 of their desire to participate in the election of a m,ember for the area or areas concerned by a date to be specified not being less than one month from the publication of the last of such notices: Okains Bay Maori and Colonial Museum 1

(c) Any resident of the areas respectively referred to so notifying the Board of his or her desire to participate in such election shall be entitled to nominate 1 person as a member of the Board from such area: 5 (d) Written notice of the date on which the election is to be held shall be given to each person so desirous of participating by the returning omcer not less than 42 days prior to such date, and the notice shall specify a day (not earlier than 21 days after the 10 delivery of the notice) by which nominations must be lodged with the returning officer: ( e) Immediately after the closing date for nominations, the returning officer shall send by post to the persons concerned notifications of the nominations 15 received: ( f) Each person so desirous of participating in such election shall have 1 vote: ( g) The candidate who receives the greatest number of votes at each election shall be declared elected: 20 (h) Where there is an equality of votes between candidates and the addition of a vote would entitle any of those candidates to be declared elected, the returning officer shall determine by lot which candidate shall be elected: 25 (i) If the number of nominations does not exceed the number of vacancies to be filled, the returning officer shall forthwith on the closing of nominations declare the candidates nominated to be duly elected: 30 (j) The Board may make such regulations as it shall think fit (not being inconsistent with this Act) in respect of any matters relating to the conduct of the election which are not herein provided for.

( 3) The following provisions shall apply in relation to 35 appointments under paragraphs (a) and (b) of section 4 of this Act, namely: ( a) The appointment of members of the Board following on the death of the said Murray Thacker or Marlene Mavis Thacker and their own appointees 40 pursuant to paragraphs (a) and (b) of section 4 of this Act shall be made by such of the members of the Thacker family of which the said Murray 8 Okains Bay Maori and Colonial Museum

Thacker is a member and their descendants as are related to him by blood and have attained the age of 20 years: (b) Any person so entitled to participate in the appointment of a member of the Thacker family as a 5 member of the Board shall notify the Board thereof, and of his name and address: ( c) It shall be sufficient if the notice to be given by the Board under subsection (1) of this section to the persons for the time being entitled to participate in 10 the appointment of a member of the Board by the members of the Thacker family be given by regis- tered letter addressed to such of them as shall be known to the Board to be so entitled, at their last known places of abode: 15 (d) An appointment by members of the Thacker family shall be made by writing or writings under the hands of the persons for the time being entitled to participate therein and shall be effective if a majority of the persons exercising within due time 20 the right to participate in such appointment concur in appointing one and the same person as a member of the Board. (4) Every member of the Board appointed or elected under this section shall come into office on the day following 25 that on which he or she is appointed or elected.

6. Term of office of members of the Board-(1) Subject to subsection (3) of this section, every member of the Board appointed pursuant to paragraph (a) or paragraph (b ) of section 4 of this Act shall hold office for life. 30 ( 2) Every other member of the Board shall hold office for 3 years and shall, unless his seat sooner becomes vacant, continue in office until a successor is appointed. (3) The office of any member of the Board shall become vacant if the member- 35 ( a) Becomes bankrupt; or ( b) Is convicted of any offence punishable by imprison- nnent for a terrn of 1 year or nnore; or (c) Becomes mentally disordered within the meaning of the Mental Health Act 1969; or 40 (d) Becomes a protected person within the meaning of the Aged and Infirm Persons Protection Act 1912; or (e) Resigns his office by notice in writing to the Board; or Okains Bay Maori and Colonial Museum 9

( f ) Is absent without leave from 4 consecutive meetings of the Board; or

( g) Dies; or (h) Ceases to be a permanent resident in the Provincial 5 District of Canterbury. (4) The powers of the Board shall not be affected by any vacancy in its membership, and the validity of any act of the Board shall not be affected or called into question by reason of any defect or informality in the appointment or election 10 of any member of the Board. i (5 ) Any member of the Board, Whether appointed or elected, may from time to time be reappointed or re-elected, or may at any time resign his office by writing addressed to the Secreary to the Board. 15 (6) Except in the case of an appointment to a vacancy occurring in respect of a member holding office under paragraphs (a) and (b ) of section 4 of this Act, every casual vacancy shall be filled ih the same manner as in the case of the vacating member, and the member appointed or elected 20 to fill any casual vacancy shall hold office only for the residue of the term of the vacating member.

7. Meetings of Board-(1) The Board shall elect a Chair- man from amongst its members at its first meeting and thereafter at the annual meeting. 25 (2) Meetings of the Board shall be held at such times and places as the Board or the Chairman from time to time determines. ( 3) All questions before the Board shall be decided by a majority of the votes recorded thereon.

30 8. Committees-( 1) The Board may from time to time appoirrt, discharg€, alter, continue, or reconstitute such committees as it thinks fit to advise it on such matters concerning its functions as are referred to them by the Board. ( 2) Every person appointed to be a member of such a 35 committee shall be a permanent resident in the Provincial District of Canterbury. (3) Any person may be appointed to be a member of such a committee notwithstanding that he is not a member of the Board.

40 9. Chairman of committees- (1) Each committee shall elect its own Chairman annually.

2 10 Okains Bay Maoyi and Colonial Museum

( 2) Each committee shall carry out such duties as shall be laid down by the Board and in other respects as the committees shall themselves determine.

10. Procedure at meetings of Board and committees- ( 1) The Chairman of the Board and of each committee shall 5 preside at every meeting of the Board or committee at which he is present, but in his absence from any meeting the members present shall appoint 1 of their number to preside at the meeting. ( 2) At any meeting of the Board or of a committee the 10 person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote. (3) At every meeting of the Board 5 members shall form a quorum, and no business shall be transacted at any meeting unless a quorum is present. 15 (4) Subject to the provisions of this Act, the Board may regulate its procedure in such manner as it thinks fit.

11. Contracts by Board-( 1) Any contract that, if made between private persons, must be by deed shall, if made by the Board, be in writing under the seal of the Board. 20 ( 2) Any contract that, if made between private persons, must be in writing signed by the parties to be charged there- with shall, if made by the Board, be either in writing under the seal of the Board or in writing signed by any 2 members of the Board on behalf of any by direction of the Board. 25 ( 3) Any contract that, if made between private persons, may be made orally may be similarly made by or on behalf of the Board by any member acting by direction of the Board, but no oral contract shall be made involving the payment by the Board of a sum exceeding $500. 30 (4 ) Notwithstanding anything in subsections (1) to (3) of this section, no contract made by or on behalf of the Board shall be invalid by reason only that it is not made in the manner prescribed by this section if it is made pursuant to a resolution of the Board or to give effect to a resolution of 35 the Board.

12. Powers of Board-Subject to the provisions of this Act,- ( a) The Board shall have all the powers, authorities, and discretions conferred upon the Trustees by the said 40 Deed of Trust, and the power to accept donations and gifts for the purposes of the Museum: Okains Bay Maori and Colonial Museum 11

( b) Except as otherwise provided in this Act, all the provisions of the said Deed of Trust shall, unless the context otherwise requires, enure and take effect as fully in all respects as if they were expressly set out 5 herein and as if references therein to the Board of Control and to the Trustees were references to this Act and to the Board respectively.

13. Purposes declared charitable-It is hereby declared that the purposes of the Museum and of the Board are 10 charitable purposes.

14. Refund of expenditure to Board members-The members of the Board shall be entitled to receive from the funds of the Board a refund of all moneys reasonably expended by them in respect of their attendance at meetings of the Board 15 or otherwise in transacting the business of the Board.

15. Books of account-The Board shall cause proper books of account to be kept in respect of all matters relating to the Museum.

16. Annual financial report-( 1) At the end of each finan- 20 cial year ending with the 31st day of March the Board shall cause to be prepared a report of the operations of the Board for the year. ( 2) The report shall contain a statement of the total assets and liabilities as at the end of the year, together with an 25 account of receipts and payments and of income and expenditure showing the financial transactions for the year. ( 3) No person shall be qualified for appointment as auditor of the Board unless he would be qualified for appointment as auditor of a company under the Companies Act 30 1955.

17. Exemption of Board members from personal liability- No member of the 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.

35 18. Powers and duties of the Trustees-(1) Until the payment, conveyance, and delivery to the Board of all real and personal property forming the said Museum, all real and personal property of the Museum not so paid, conveyed, and 2 Okains Bay Maori and Colonial Museum delivered to the Board shall remain vested in the Trustees, who shall continue to exercise all the powers and discretions vested in them by the said Deed of Trust in respect thereof. ( 2) Within 1 year after the passing of this Act the Trustees shall pay, convey, and deliver to the Board all real and per- 5 sonal property forming the said Museum, subject to all liabilities owing by the Trustees in respect of the Museum and subject also to all easements affecting the same, and at the same time the Board shall give to the Trustees a release and discharge from all further liability and the Trustees shall 10 thereupon be discharged from the office of Trustees: Provided that, if any accounts of the Trustees shall not be approved by the Board, the Trustees shall have the right, within 3 months after the delivery of those accounts, to make application to the Supreme Court for a discharge from the 15 trusteeship either unconditionally or subject to such condi- tions as the Supreme Court may order: Provided also that nothing in this Act shall be held to create any liability to fall on the Trustees on account of anything made, done, or omitted by the Trustees for which the 20 Trustees would not have been liable had this Act not been enacted: Provided further that nothing in this Act shall be deemed to in any way prejudice any right to apply to the Supreme Court for relief from any liability that would have been op€n 25 to the Trustees in respect of anything made, done, or omitted by the Trustees had this Act not been enacted. ( 3) All contracts made by the Trustees before or after the passing of this Act in the exercise of their powers under the said Deed of Trust and under this Act shall, on the assump- 30 tion of office by the Board, be deemed to have been made by the Board. (4) All debts and liabilities incurred by the Trustees before or after the passing of this Act in the exercise of their powers under the said Deed of Trust and under this Act shall, on 35 the assumption of office by the Board, become the debts and liabilities of the Board.

19. Museum to be held by Board-When the buildings and exhibits included in the Museum are transferred to the Board under section 18 of this Act, they shall be held by the Board 40 in perpetuity as a Museum to be known as the Okains Bay Maori and Colonial Museum, Okains Bay Maori and Colonial Museum 13

20. Wishes of the Founder--The Trustees, the Board, and the committees, in the carrying out of all powers, duties, and discretions vested in them Hy the said Deed of Trust and this Act, shall at all times take into consideration the wishes 5 of the said Murray Thacker as evidenced by the terms of the said Deed of Trust that refer to the constitution and adminis- tration of the Museum: Provided that nothing in this section shall impose any legal liability on the Trustees or the Board or the committees or 10 any fetter on the exercise of the powers and discretions vested in them according to what they may in their absolute dis- cretion determine to be in the best interests of the Museum, having regard to the provisions of the said Deed of Trust and of this Act.

15 21. Private Act-This is hereby declared to be a private Act.

WELLINGTON, NEW ZEALAND: Printed under tile authority of the New Zealand Government, by E. C. KEATING, Government Printer-1978