Education Reserves Amendment Act 1924
Education Reserves Amendment Act 1924
Education Reserves Amendment Act 1924
Education Reserves Amendment Act 1924
Public Act |
1924 No 24 |
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Date of assent |
18 October 1924 |
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Contents
An Act to amend the Education Reserves Act, 1908
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
This Act may be cited as the Education Reserves Amendment Act, 1924, and shall be read together with and deemed part of the Education Reserves Act, 1908 (hereinafter referred to as the principal Act).
2 Value of improvements may in certain cases be paid by Crown and added to capital value of land.
Where in any special case it is proposed to pay to the outgoing occupier of land comprised in a lease or license of any education reserve or endowment the value of any improvements effected thereon, and to include that value in the capital value of the land for the purposes of its subsequent disposition, the Land Board may, with the approval of the Minister of Lands, add to the capital value of the land the value of such improvements, and in such case the amount payable to the outgoing occupier in respect of the value of the improvements may be paid out of the Consolidated Fund as provided in the next succeeding section.
3 Certain payments in respect of education reserves and endowments to be made in first place out of Consolidated Fund.
(1.)
In respect of the administration by Land Boards of education reserves and endowments the following moneys shall be payable in the first instance out of the Ordinary Revenue Account of the Consolidated Fund without further appropriation than this section, that is to say: —
(a.)
All compensation payable under section three of the Education Reserves Amendment Act, 1913 (relating to the resumption of reserves and endowments)
(b.)
The value of any improvements payable to an outgoing occupier as provided in the last preceding section.
To constitute a charge on certain other funds and accounts
(2.)
All moneys paid out of the Consolidated Fund as aforesaid shall constitute a charge upon such parts of the funds for the time being vested in the Public Trustee pursuant to section three of the Education Reserves Amendment Act, 1910, as are held by him for the purposes of primary education or secondary education, as the case may be, in the provincial district in which is situated the reserve or endowment in respect of which the payment out of the Consolidated Fund was made.
(3.)
In satisfaction of every such charge the Public Trustee shall, as soon as may be, pay the amount thereof into the Consolidated Fund out of the capital of the fund so charged.
(4.)
In the event of the capital of any such fund having been exhausted or being insufficient to meet any charge in full, the whole of such capital (if any) shall be paid into the Consolidated Fund; and the amount by which the charge remains unsatisfied, together with interest thereon at the rate of four per centum per annum, shall constitute a charge—
(a.)
Upon the Primary Education Endowments Deposit Account, where the payment out of the Consolidated Fund was made in respect of a reserve or endowment set apart for the purposes of primary education; or
(b.)
Upon the appropriate Secondary Education Endowments Deposit Account, where the payment out of the Consolidated Fund was made in respect of a reserve or endowment set apart for the purposes of secondary education.
(5.)
Payments into the Consolidated Fund in respect of charges as aforesaid shall be made out of the Primary Education Endowments Deposit Account and the several Secondary Education Endowments Deposit Accounts without further appropriation than this section.
Repeals.
(6.)
Subsections seven and eight of section three of the Education Reserves Amendment Act, 1913, are hereby repealed.
4 Application of revenue from education reserves and endowments.
(1.)
The revenues derived from education reserves and endowments administered by a Land Board pursuant to section two of the Education Reserves Amendment Act, 1910, shall be paid by the Receiver of Land Revenue into the Public Account to the credit of a special deposit account to be called the “Primary Education Endowments Deposit Account”
in the case of revenues derived from reserves and endowments set apart for primary education, and to the credit of a special deposit account for each provincial district to be called the “[Name of district] Provincial District Secondary Education Endowments Deposit Account”
in the case of revenues derived from reserves and endowments set apart for secondary education.
(2.)
All moneys paid into the Primary Education Endowments Deposit Account shall, save as otherwise specially provided in this or any other Act, be applied from time to time, without further appropriation than this Act, towards the payment of amounts which by any Act now in force or hereafter to be passed are charged on the Consolidated Fund for the purposes of primary education.
(3.)
All moneys paid into the Secondary Education Endowments Deposit Account for any provincial district shall, save as otherwise specially provided in this or any other Act, be paid by quarterly instalments, without further appropriation than this Act, to the governing bodies of secondary schools in that district in proportion to the number of pupils in average attendance at the several secondary schools, exclusive of the pupils in any lower department.
Consequential repeals.
(4.)
Subsection six of section two of the Education Reserves Amendment Act, 1910, section seven of the Education Reserves Amendment Act, 1911, and subsection one of section two of the Education Reserves Amendment Act, 1914, are hereby repealed.
(5.)
This section shall be deemed to have come into force on the first day of April, nineteen hundred and twenty-three, and to have been in force since that date.
5 Expenses of administration and maintenance, &c., of education reserves and endowments.
(1.)
Out of the moneys standing to the credit of the Primary Education Endowments Deposit Account and the several Secondary Education Endowments Deposit Accounts there shall in each quarter be paid to the Consolidated Fund, without further appropriation than this section, the expenses of the administration during the previous quarter of education reserves and endowments.
(2.)
The amount so to be paid out of any such account shall be such amount as the Minister of Lands may approve, not exceeding in any quarter five per centum of the rents actually received during the previous quarter and credited to such account.
(3.)
In addition to the amounts payable out of any deposit account as aforesaid in respect of the expenses of administration, there shall from time to time be transferred from the deposit account to the Consolidated Fund, by way of refund, without further appropriation than this section, an amount equal to the amount theretofore expended out of the Ordinary Revenue Account of the Consolidated Fund and not theretofore refunded in respect of rates, insurance premiums, surveys, valuations, legal charges and expenses, or the maintenance, upkeep, repair, or permanent improvement of or in respect of any education reserve or endowment the revenues from which are payable to the said deposit account.
Repeals.
(4.)
Section six of the Education Reserves Amendment Act, 1910, and sections eight and nine of the Education Reserves Amendment Act, 1911, are hereby repealed.
(5.)
This section shall be deemed to have come into force on the first day of April, nineteen hundred and twenty-three, and to have been in force since that date.
6 Notice of forfeiture of lease, &c., of education reserve or endowment to be sent to District Land Registrar.
In case of the forfeiture of any lease or license of any education reserve or endowment the Commissioner of Crown Lands may send to the District Land Registrar a notice of such forfeiture, which shall be a sufficient authority for the said Registrar to enter upon the register a note of the said forfeiture, and he shall make such entry accordingly.
7 Education Board, with consent of Minister, may apply proceeds of sale of school-site to erection of buildings.
Notwithstanding anything to the contrary in section six of the principal Act, a Board, with the consent of the Minister, may apply the proceeds of the sale of any public-school site (whether or not such site has any buildings or other erections thereon) towards the erection of school buildings on another public-school site.
8 Land heretofore reserved for secondary or technical-school purposes may be vested in Education Board or other governing body.
(1.)
The Governor-General may, by Order in Council, declare that any land that has heretofore been or that may hereafter be reserved or set apart for any of the purposes of a secondary school or technical school shall be vested in an Education Board, or Board of Managers, or governing body of a secondary school or technical school named in such Order; and thereupon such land shall be deemed to have been duly transferred to such Board or governing body, and shall be held by it upon trust for the purposes for which it is reserved or set apart.
(2.)
The District Land Registrar, when requested so to do by the Education Board, or Board of Managers, or governing body in which such land is vested, shall make all necessary endorsements on the certificate of title in respect of such land, or, if no such certificate has been issued, shall issue a certificate in the name of such Board or governing body, as the case may require.
9 Section 2 of Amendment Act, 1911, amended.
Subsection one of section two of the Education Reserves Amendment Act, 1911, is hereby amended by adding thereto the words “save that the trustees shall not, without the consent of the Minister, grant a lease of land vested in them as a site for a high school.’
10 Section 3 of Amendment Act. 1914, amended.
Section three of the Education Reserves Amendment Act, 1914, is hereby amended as follows:—
(a.)
By inserting in subsection one, after the words “in any one case,”
the words “or the whole of any such reserve or endowment the area of which does not exceed five acres.”
(b.)
By inserting, after subsection three, the following new subsection:—
“(3a.)
Any land received in exchange pursuant to this section shall become vested in His Majesty in trust for the same educational purposes as the land given in exchange therefor, and shall be administered and dealt with accordingly by the Land Board of the district in which it is situated.”