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Volume 64, 1935
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Appendix. A

New Zealand Institute Act, 1867

New Zealand. Anno Tricesimo Primo Victoriæ Reginæ. No. 36.

An Act to establish an Institute for the advancement of Science and Art in New Zealand. [10th October, 1867.

Whereas it is expedient to make provision for carrying out the geological survey of the Colony and to establish and incorporate a public institution in the City of Wellington to be called “The New Zealand Institute” which institute shall comprise a public museum and laboratory and a public library. And whereas it is also expedient by means of lectures classes and otherwise to promote the general study and cultivation of the various branches and departments of art science literature and philosophy,

Be it Therefore Enacted by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows:—

1. The Short Title of this Act shall be “The New Zealand Institute Act 1867.”

2. It shall be lawful for the Governor in Council from time to time to appoint a fit and proper person to superintend and carry out the geological survey of the Colony and also to superintend the formation establishment and management of a public museum and laboratory to form part of the property of the institution hereinafter mentioned and if required so to do to perform such other duties as are hereinafter mentioned with such salary not exceeding the sum of eight hundred pounds per annum as to the Governor in Council shall seem meet.

3. It shall also be lawful for the Governor from time to time to appoint such persons to assist in carrying out the said geological survey as he shall think fit.

4. It shall be the duty of the person appointed to superintend and carry out the said survey and if required by the Governor so to do from time to time to superintend the formation and establishment of any museum or laboratory intended to be established by any society incorporated with the institution hereinafter mentioned but the necessary travelling and other expenses of such person incident

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to such superintendence shall be borne and defrayed by and out of the funds of the society establishing the said museum or laboratory and the same shall as nearly as possible be paid in advance.

5. On and after the passing of this Act and until the first day of November one thousand eight hundred and sixty-eight the Governor for the time being of the said Colony the Colonial Secretary for the time being of the said Colony and the Superintendent for the time being of the Province of Wellington and six other persons to be appointed after the passing of this Act by the Governor shall be a board of governors of an institution which shall be called “The New Zealand Institute” and they and their successors to be appointed as hereinafter mentioned together with the governors to be selected as hereinafter provided and the members for the time being of all and every society or societies hereafter to be incorporated with the said institute in such manner as is hereinafter provided for so long and such time as such several societies shall remain and continue to be incorporated with the said institute shall be and they are hereby declared to be one body corporate and politic in deed name and law by the name of “The New Zealand Institute” and that by the same name they shall have perpetual succession and a common seal and shall and may sue and be sued implead or be impleaded grant or receive and shall have power and authority to take and purchase and hold lands tenements and hereditaments to them their successors and assigns for the purposes hereinafter mentioned.

6. On the first day of November one thousand eight hundred and sixty-eight and on the first day of November in each succeeding year three members of the said board of governors (other than the Governor the Colonial Secretary and the Superintendent of the Province of Wellington respectively for the time being) who shall have been present the least number of times at the meetings of such board shall retire from office but shall be eligible for re-appointment and in case of an equality between two or more members of the said board in respect of the number of attendances of such members at the meetings of the said board then the retiring members shall be determined by lot and on the annual retirement of the said three members and in case of the death resignation or incapacity of any member or members the successors of such retiring members or of such members so dying resigning or becoming incapable shall be appointed by the Governor.

7. So long as not more than three separate societies shall have been incorporated with the said institute it shall be lawful for each such society annually in the month of November to elect one of its members to be a member of the board of governors during the ensuing year but so soon as more than three separate societies shall have been incorporated with the said institute then and thenceforward it shall be lawful for each separate society so incorporated annually in the month of October to appoint one of its members to vote in the election of governors and the several members so appointed shall elect three from among themselves to be members of the board of governors

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during the ensuing year and the members so elected shall enjoy equal rights and powers with the governors appointed as hereinbefore first provided.

8. Any branch society may cease to be incorporated with the institute by not electing any governors pursuant to section seven of this Act.

9. It shall and may be lawful to and for any person or persons bodies politic or corporate society or societies their heirs and successors to give and deliver and to grant convey assure devise and bequeath to the use and benefit of or in trust for the said body corporate any messuages lands tenements rents annuities and hereditaments whatsoever and any library books maps prints fixtures goods chattels minerals specimens or other effects or articles whatsoever calculated for the formation of a museum all which messuages lands tenements rents annuities or hereditaments and all which library books maps prints fixtures goods chattels minerals specimens or effects as aforesaid the said body corporate are hereby authorised and enabled to receive accept and hold.

10. It shall particularly be lawful for all persons and bodies politic or corporate society or societies who may at the time of the passing of this Act or afterwards may have power so to do to give and deliver and to grant convey and assure to the use and benefit of or in trust for the said body corporate the land and buildings situated in the City of Wellington now used as the Colonial Museum with the laboratory and other buildings connected or used therewith together with all the rights members and appurtenances to the same belonging and all the books maps prints pictures goods chattels minerals specimens and other effects and articles now in and about the same all which said land buildings and hereditaments books maps prints pictures goods chattels minerals specimens and effects as aforesaid the said body corporate are hereby authorised and enabled to receive accept and hold.

11. The said board of governors for the time being of whom three shall be a quorum shall have full power and authority in the name of the said body corporate to receive pay apply and dispose of all such moneys as shall be annually granted to the said body corporate for building or other special purposes and may enter into all such contracts and do and transact all such other acts deeds matters or things as may be requisite or proper to be done in and about the renting or purchase of suitable lands and premises or the renting and hiring or erecting or completing of suitable halls reading-rooms lecture-rooms class-rooms and other buildings and for the reception and safe custody of the library and other effects of the said body corporate and for the formation and reception of a museum and laboratory and for all such other purposes as the said board of governors for the time being may decide to be required to carry into effect the objects of the said body corporate or of the several societies to be admitted into and incorporated therewith and shall also have power if they shall think fit upon application made by any other society or societies or body or bodies of persons associated for the

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purpose of promoting any art or science or branch of knowledge or by any person duly authorized in accordance with the laws of such several societies or associations to make such application to admit and incorporate such persons so associated as part of the said New Zealand Institute upon the terms and in the manner to be set forth in the statutes and rules of the said institute so long as the members of the said societies or associations shall annually pay for the advancement of the objects arts or sciences for the promotion of which they are so severally associated such a sum as the bye-laws of each particular society shall from time to time define and fix and shall have been agreed upon between such several societies and the board of governors of the said body corporate and shall also have full power to make bye-laws for the regulation and disposal of the property of the said body corporate and for its more regular government and also to direct and order at what times in what manner and under what restrictions and conditions the several societies and associations at any time forming part of and incorporated in the said institute shall have and use the halls lecture-rooms class-rooms reading-rooms libraries museums and other public property of the said body corporate and such bye-laws terms restrictions and conditions or any of them from time to time shall and may rescind alter and vary and make others in their stead and also shall and may do manage transact and determine all such other acts deeds matters and things as shall to them appear necessary for effecting and carrying out of the purposes of this Act and of the said body corporate but so nevertheless that the same shall be in accordance with and not contrary to or subversive of any of the statutes and rules of the said body corporate and shall and may if they see fit delegate any of the powers and authorities vested in them to all or any of the committees of the several societies which may hereafter be incorporated with the said institute so as the same shall relate or apply to such societies respectively and shall also have power to appoint and remove any public officers of the said body corporate and from time to time to fix and determine the salary and emoluments to be paid to such officers and servants.

12. Whenever any society or societies shall have been incorporated with the said institute a general meeting of the said body corporate shall be holden annually on the third Monday in the month of January at such hour and at such place as shall from time to time be fixed by the said board of governors such general meeting to consist of not less than ten members of the said body corporate exclusive of any members of the said board of governors and that if a sufficient number of members of the said body corporate to form a meeting be not present within one hour of the time fixed for such meeting the said board of governors shall be empowered to adjourn the said meeting unto such time as they may appoint and that at such general meetings a report of the proceedings during the preceding year of the said body corporate and of the societies incorporated therewith shall be laid before the members of the said body corporate and that it shall be lawful for the members of the said

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body corporate present at such meetings to make ordain and constitute such bye-laws constitutions and ordinances for the government of the affairs of the said body corporate as to the majority of such members shall seem meet and such bye-laws constitutions and ordinances to revoke change and alter and others to make in their stead. Provided always that such bye-laws constitutions and ordinances shall not be contrary or repugnant to any of the laws or customs of the Colony or to this Act or to any rules to be made by the Governor in Council as aforesaid. And provided also that no such bye-laws constitutions or ordinances or any bye-laws to be made or passed at any special general meeting as hereinafter provided shall be binding or have any force or effect until the same shall have been confirmed by the said board of governors.

13. Any three of the said governors of the said body corporate for the time being by giving one calendar month's notice in one or more newspapers published in those parts of the said Colony in which the said institute and any societies incorporated therewith shall severally be established and affixing a legible copy of such notice in a conspicuous place in the building occupied by the said body corporate may at any time convene a special general meeting of the said body corporate for the purpose of making or altering any byelaws constitutions or ordinances of the said body corporate or of confirming or altering the proceedings of any annual or special meeting or for the transaction of any of the affairs and business of the said body corporate as occasion may require and that all such special meetings shall be in like manner holden and have the same powers in every respect as the annual general meetings hereinbefore provided.

14. In addition to the salary to be paid to the Superintendent of the Geological Survey to be fixed as hereinbefore mentioned there shall be yearly placed upon the estimates to be laid before the House of Representatives of the said Colony a sum of not less than five hundred pounds to be applied in the payment of the general current expenses of the said body corporate or of any of the several societies or associations incorporated therewith and otherwise for the promotion of the general objects of the said body corporate or of the special objects of any of the several societies to be incorporated therewith in such manner in all respects as to said board of governors for the time being shall seem fit and that every sum which shall be voted by the General Assembly of the said Colony for such purposes shall be received by such member of the said board of governors for the time being as shall have been appointed by the said board of governors to act as treasurer and carried to a separate account and that such treasurer shall be thereout required to pay and allow such sum or sums only as the said board of governors for the time being shall direct and require to be paid for all or any of the purposes herein mentioned provided always and it is hereby declared that the moneys so to be placed upon the estimates as aforesaid shall not be deemed to include the current expenses of the geological survey

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of the said Colony which current expenses shall be fixed and appropriated in like manner as those of any other ordinary department of the Government of the said Colony.

15. It shall be lawful for the Governor in Council from time to time and at all times hereafter to make alter and amend all such rules and statutes as may be necessary for the regulation and management of the said institute and such rules and statutes shall be published in the New Zealand Gazette.

16. It shall be lawful for the said board of governors from time to time and at all times hereafter to frame and suggest such alterations or amendments in the rules to be made by the Governor in Council as aforesaid and that such alterations or amendments shall if approved by the Governor in Council come into force from and after such approval.

17. Every rule and statute to be made as aforesaid and every amendment thereof shall be laid upon the table of the Legislative Council and House of Representatives of the said Colony during their session for the space of ten days and if during that time the said rules or statutes or any alterations or amendments as the case may be be not objected to or disallowed by a resolution of the said Legislative Council or House of Representatives then and thenceforward the said rules and statutes or alterations or amendments as the case may be shall be deemed to be and shall be confirmed and shall possess the same power validity and authority in all respects as if they had been embodied in this Act provided always that no such rules or statutes or alterations or amendments shall be contrary to or subversive of the provisions contained in this Act itself.

18. This Act shall be deemed a public Act and shall commence and take effect from the passing thereof.

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The Royal Society of New Zealand Act, 1933

New Zealand.
Analysis.

Title.

1.

Short Title.

2.

New Zealand Institute abolished and Royal Society of New Zealand constituted as successor thereto.

3.

Membership of Society.

4.

Council.

5.

Term of office of appointed members of Council.

6.

Vacancies.

7.

Patron, President, and Vice-President.

8.

Meetings of Society and Council.

9.

Powers of Council.

10.

Fellowships, honorary membership, and awards.

11.

Rules.

12.

Endowment of Society.

13.

Property, etc, of New Zealand Institute to vest in Society.

14.

Rules and transactions to be laid before Parliament.

15.

Repeals and savings.

1933, No. 17.

An Act to abolish the New Zealand Institute and to constitute in lieu thereof a Body for the Promotion of Science, to be known as the Royal Society of New Zealand.   [6th December, 1933.

Be it Enacted by the General Assembly of New Zealand in Parliament asembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Royal Society of New Zealand Act, 1933.

2. (i) The New Zealand Institute constituted by “The New Zealand Institute Act, 1908,” is hereby abolished and the Board of Governors thereof is hereby dissolved.

(ii) There is hereby constituted as successor to the New Zealand Institute a body which, in accordance with the gracious approval of His Majesty heretofore duly given, shall be called the Royal Society of New Zealand (hereinafter referred to as the Society) and under that name shall be a body corporate with perpetual succession and a common seal, and shall be capable of holding real and personal property, and of doing and suffering all that bodies corporate may do and suffer.

3. The Society shall consist of the Auckland Institute, the Wellington Philosophical Society, the Philosophical Institute of Canterbury, the Otago Institute, the Hawke's Bay Philosophical Institute, and the Nelson Institute as member bodies, and such other bodies as may hereafter, in accordance with rules in that behalf made by the Council of the Society, be declared to be member bodies of the Society, together with the individual members for the time being of all such member bodies.

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4. (i) There is hereby constituted a Council of the Society (hereinafter referred to as the Council) which shall consist of—

(a) The Minister for the time being in charge of the Department of Scientific and Industrial Research;

(b) Four members to be appointed by the Governor-General in Council, of whom two shall be appointed during the month of March in every year, the first of such appointments to be made in the month of March, nineteen hundred and thirty-four;

(c) Eight members to be appointed in the month of March, nineteen hundred and thirty-four, and in the same month in every alternate year thereafter, of whom two shall be appointed by the Auckland Institute, two by the Wellington Philosophical Society, two by the Philosophical Institute of Canterbury, and two by the Otago Institute.

(d) One member to be appointed by each of the other member bodies in the month of March, nineteen hundred and thirty-four, and in the same month in every alternate year thereafter;

(e) The President and Vice-President of the Society if not otherwise members of the Council.

(ii) The Council itself may from time to time if and when it thinks fit so to do appoint for a term not exceeding two years any fit person to be a member of the Council.

(iii) Pending appointments of members of the Council pursuant to paragraphs (b) to (d) respectively of sub-section one hereof and the last preceding sub-section, the members of the Board of Governors of the New Zealand Institute appointed under the corresponding provisions of section three of the New Zealand Institute Act, 1908, and in office immediately before the passing of this Act, shall for all purposes be deemed to be members of the Council and shall continue in office as follows:—

(a) Of the four members appointed by the Governor-General in Council the two longest in office without reappointment shall retire on the first appointment by the Governor-General in Council of two members under paragraph (b) of sub-section one hereof, and the other two shall retire on the second appointment of two members under that paragraph;

(b) The member appointed by the said Board of Governors shall retire on the expiration of the period for which he was so appointed.

(c) All the other members shall retire on the first appointments of members pursuant to paragraph (c) or paragraph (d) of sub-section one hereof, as the case may be, by the respective member bodies by which they were appointed to membership of the said Board of Governors.

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5. (i) Of the members of the Council appointed under subsections one and two of section four of this Act—

(a) The members appointed by the Governor-General in Council in the month of March in any year shall retire on the appointment of other such members in the same month in the second year thereafter;

(b) The member or members appointed by any member body shall retire on the appointment of a successor or successors by that body;

(c) The member appointed by the Council shall retire on the expiration of the term for which he was appointed.

(ii) Every member retiring from office as aforesaid shall be eligible for reappointment.

6. (i) Any appointed member of the Council may at any time resign his office by writing addressed to the Council, and in such case, or in case of his death, the vacancy in the membership of the Council shall within three months from the date of such resignation or death be filled by appointment of some fit person by the authority that appointed the member whose office has become vacant, and if not filled within that time the vacancy shall be filled by the Council;

Provided that it shall not be necessary for the Council to fill a casual vacancy caused by the resignation or death of the member appointed by it under sub-section two of section four hereof.

(ii) Any person appointed to fill any such vacancy shall hold office only for the remainder of the term for which his predecessor was appointed.

7. (i) The Governor-General shall during his pleasure be the Honorary Patron of the Society.

(ii) At its first annual meeting held after the passing of this Act, and at every annual meeting held thereafter, the Council shall appoint some fit person to be President and some fit person to be Vice-President of the Society.

(iii) Each of such officers shall come into office at the close of the annual meeting at which he is appointed and hold office until his successor comes into office, and shall be eligible for reappointment.

(iv) Where by reason of death or resignation either of such offices becomes vacant the vacancy shall be filled by appointment by the Council of some fit person to hold office until the person appointed at the next annual meeting comes into office.

(v) The President, and in his absence or incapacity the Vice-President, shall, subject to direction by the Council, superintend and carry out all necessary work in connection with the affairs of the Society, and shall be the chairman of all meetings of the Society and the Council.

(vi) The persons holding office as President and Vice-President respectively of the New Zealand Institute immediately before the passing of this Act shall be deemed to be President and Vice-President of the Society until the persons first appointed to those offices under sub-section one of this section come into office.

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8. (i) The Council may from time to time, as it sees fit, make arrangements for the holding of general meetings of members of the Society, for the reading of scientific papers, the delivery of lectures, and the promotion of science in New Zealand by any means that may appear desirable.

(ii) An annual meeting of the Council shall be held in the month of May, nineteen hundred and thirty-four, and in the same month or the month of April in each year thereafter as the Council from time to time determines, at a time and place fixed by the Council, to deal with such matters as are required by this Act or any rules thereunder to be dealt with at the annual meeting, and such other matters as that meeting thinks fit. At each annual meeting the President shall present a report of the work of the Society for the year ended the thirty-first day of March then last past, and a statement of accounts (including a Receipts and Payments Account) duly audited.

(iii) Ordinary meetings of the Council shall be held from time to time as the Council or the President directs.

(iv) In the absence of both the President and the Vice-President from any meeting of the Society or the Council the members present shall elect one of their own number to be Chairman of that meeting.

(v) At every meeting the Chairman shall have a deliberative vote, and, in case of an equality of votes, shall also have a casting vote.

9. (i) The Council shall have the control and management of the Society and of all property for the time being vested in the Society, and may dispose, in such manner as it thinks fit, of any grants, bequests, or gifts of books or specimens of any kind whatever made to the Society, and generally shall act for and on behalf of the Society.

(ii) The Council may from time to time appoint standing or special committees, and may relegate to such committees any matters for consideration, or inquiry, or management, or regulation; and may delegate to any such committee any of the powers or duties of the Council.

(iii) The Council may from time to time appoint such officers and servants and pay to them such remuneration as it thinks fit.

(iv) The Council shall appoint the President or some other fit person to be Editor of the transactions of the Society.

(v) The Council may from time to time expend in such manner as it thinks fit for the promotion of science any funds of the Society not appropriated or held in trust for any special purpose.

10. The Council may from time to time elect any person who has rendered eminent services to science to be a Fellow or an honorary member of the Society, and may also from time to time make awards of medals or other prizes to persons deemed worthy of such awards by reason of any research, investigation, or other scientific work made or done by them.

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11. (1) The Council may from time to time by resolution passed at any meeting thereof make rules not inconsistent with this Act for all or any of the following purposes, namely:—

(a) Governing the admission of scientific bodies as member bodies of the Society, and prescribing the conditions on which they may continue to be member bodies and the annual or other fees (if any) to be paid by member bodies.

(b) Regulating the proceedings of the Council and of committees and the conduct of meetings thereof respectively.

(c) Providing for the custody of the property of the Society, and the custody and use of the common seal of the Society.

(d) Prescribing the form and manner of keeping accounts of moneys of the Society.

(e) Prescribing the duties of officers and servants.

(f) The encouragement of research by members of the Society.

(g) Regulating the election and prescribing the privileges and duties of Fellows and honorary members of the Society and regulating the making of awards.

(h) Such other matters as may be necessary for duly carrying out the work of the Society or the Council.

(ii) Notice of every resolution proposed to be submitted to any meeting for the making, amendment, or revocation of any such rules as aforesaid shall be given to every member of the Council fourteen clear days before the day fixed for such meeting.

(iii) Every resolution making, amending, or revoking any such rules as aforesaid shall be published in the Gazette, and shall have force and effect as from the date of gazetting thereof or some later date to be specified in such resolution.

(iv) Prima facie evidence that any rule under this section has been duly made and remains in force may be given in all legal proceedings by the production of a copy of the Gazette, purporting to contain such rule or by the production of a copy of such rule purporting to be printed by the Government Printer.

12. The Minister of Finance shall, out of moneys appropriated by Parliament for the purpose, pay to the Council the sum of five hundred pounds in each financial year, commencing with the year beginning on the first day of April, nineteen hundred and thirty-four, to be applied in or towards payment of the general expenses of the Society.

13. On the passing of this Act all real and personal property of every description vested in the Board of Governors of the New Zealand Institute shall vest in the Society without conveyance or assignment for the estate and interest of the said Board therein, subject to all liabilities, charges, obligations, or trusts affecting

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that property, and all the contracts, debts, and liabilities of the said Board shall become the contracts, debts, and liabilities of the Society.

14. Forthwith upon the gazetting of any resolution making, amending, or revoking any rules under this Act or the publication of any transactions, the Council shall transmit a copy thereof to the Minister for the time being in charge of the Department of Scientific and Industrial Research, who shall lay the same before Parliament, if then sitting, or, if not, then within twenty-one days after the commencement of the next ensuing session.

15. (i) The New Zealand Institute Act, 1908, the New Zealand Institute Amendment Act, 1930, section seven of the Finance Act, 1925, and section seven of the Finance Act, 1931 (No. 2) are hereby repealed.

(ii) With respect to those enactments the following provisions shall apply:—

(a) All appointments and other acts of authority which originated under any of the said enactments or any enactment thereby repealed, and are subsisting or in force on the commencement of this Act shall enure for the purposes of this Act as fully and effectually as if they had originated under the corresponding provisions of this Act, and accordingly shall, where necessary, be deemed to have so originated.

(b) All regulations made by the Board of Governors of the New Zealand Institute under any of the said enactments and in force immediately before the passing of this Act shall continue in force as rules under this Act until amended or revoked under this Act.

(c) All matters and proceedings commenced under any of the said enactments and pending or in progress on the commencement of this Act may be continued, completed, and enforced under this Act.

(iii) All references in any other Act to the New Zealand Institute or the Board of Governors, or the President or Vice-President thereof respectively, shall hereafter be deemed for all purposes to be and shall be read as references to the Society or the Council or the President or Vice-President of the Society, as the case may require.