Veterinary Surgeons Act 1956
Veterinary Surgeons Act 1956
Veterinary Surgeons Act 1956
Veterinary Surgeons Act 1956
Public Act |
1956 No 22 |
|
Date of assent |
19 October 1956 |
|
Contents
An Act to consolidate and amend certain enactments of the General Assembly relating to the registration and control of veterinary surgeons
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 and commencement
(1)
This Act may be cited as the Veterinary Surgeons Act 1956.
(2)
This Act shall come into force on the first day of March, nineteen hundred and fifty-seven.
2 Interpretation
In this Act, unless the context otherwise requires,—
“Board” means the Veterinary Surgeons Board: “Committee”
means the Veterinary Disciplinary Committee:
“Minister” means the Minister of Agriculture:
“Secretary” means the secretary to the Board.
Compare: 1926, No. 50, s. 2
Veterinary Surgeons Board and Veterinary Disciplinary Committee
3 Veterinary Surgeons Board
(1)
There shall be a Board to be called the Veterinary Surgeons Board.
(2)
The Board shall consist of seven members, to be appointed by the Governor-General on the recommendation of the Minister of whom—
(a)
One shall be a veterinary surgeon in the employment of the Department of Agriculture:
(b)
Four shall be veterinary surgeons nominated by the New Zealand Veterinary Association Incorporated:
(c)
Two shall be veterinary surgeons nominated by the Veterinary Services Council.
(3)
Except as otherwise provided in section ten of this Act, every member of the Board shall hold office for a period of three years, but may from time to time be reappointed.
Compare: 1926, No. 50, s. 3
4 Chairman of Board
(1)
The Board, at its first meeting held after the commencement of this Act, and at its first meeting held after the first day of January in the year nineteen hundred and fifty-eight and in each year thereafter, shall appoint one of its members to be chairman of the Board. Any such member may from time to time be reappointed as chairman of the Board.
(2)
The chairman shall preside at all meetings of the Board at which he is present.
(3)
The chairman appointed in each year shall hold office until his successor is appointed or he sooner ceases to be a member of the Board.
(4)
If the chairman ceases to be a member of the Board before the expiration of the period for which he has been appointed, the Board shall appoint some other member in his stead to be chairman for the residue of that period.
(5)
If at any meeting of the Board the chairman for the time being is not present or there is no chairman of the Board, the Board shall appoint some member present to act as chairman in respect of that meeting, and the person so appointed shall have and may exercise all the powers and functions of the chairman for the purposes of that meeting.
Compare: 1926, No. 50, s. 4(1)
5 Secretary to the Board
There shall from time to time be appointed, under the provisions of the Public Service Act 1912, a secretary to the Veterinary Surgeons Board.
6 Meetings of the Board
(1)
Meetings of the Board shall be held at such times and places as the chairman, or the secretary to the Board on the direction of the chairman or of any three members, may from time to time appoint.
(2)
Notice of the time and place of every such meeting, signed by the chairman or by the secretary to the Board, shall be sent to every member of the Board at least seven clear days before the time appointed for that meeting.
(3)
At any meeting of the Board five members shall form a quorum.
(4)
Every question before the Board shall be determined by a majority of the votes of the members present at the meeting of the Board.
(5)
The chairman of the Board or of any meeting shall have a deliberative vote; and, in the case of an equality of votes, shall also have a casting vote.
(6)
Subject to the foregoing provisions of this section, the Board may regulate its procedure as it thinks fit.
Compare: 1926, No. 50, s. 4
7 Subcommittees of Board
The Board may appoint subcommittees consisting of two or more members of the Board and may delegate to any such subcommittee any of the functions or powers of the Board under this Act:
Provided that the Board shall not delegate its power to inquire into a charge of grave impropriety or infamous conduct in a professional respect which has been made against a registered veterinary surgeon.
8 Veterinary Disciplinary Committee
(1)
There shall be a Committee to be called the Veterinary Disciplinary Committee.
(2)
The Committee shall consist of three members, to be appointed by the New Zealand Veterinary Association, of whom one shall be so appointed as chairman.
(3)
No person shall be appointed as a member of the Committee unless he is a member of the New Zealand Veterinary Association, and no member of the Board shall be appointed as a member of the Committee.
(4)
Except as otherwise provided in section ten of this Act, every member of the Committee shall hold office for a period of one year, but may from time to time be reappointed.
(5)
The decision of any two members of the Committee shall be the decision of the Committee.
(6)
Subject to the foregoing provisions of this section, the Committee may regulate its procedure as it thinks fit.
9 Remuneration and travelling expenses
(1)
The Board and the Veterinary Disciplinary Committee are hereby declared to be statutory Boards within the meaning of the Fees and Travelling Allowances Act 1951.
(2)
There shall be paid to members of the Board or of the Veterinary Disciplinary Committee, and to any assessors appointed under section fifteen of this Act, out of money appropriated by Parliament for the purpose, 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 as if any such assessors (as well as the members of the Board and of the Veterinary Disciplinary Committee) were members of a statutory Board within the meaning of that Act.
Compare: 1926, No. 50, s. 3(5)
10 Extraordinary vacancies on Board and Committee
(1)
If any person, while holding office as a member of the Board or Committee,—
(a)
Ceases to possess any qualification necessary for his election to the office; or
(b)
Becomes a mentally defective person within the meaning of the Mental Health Act 1911; or
(c)
Is adjudged a bankrupt; or
(d)
Is convicted of any offence punishable by imprisonment,—
his office shall be thereby vacated.
(2)
If any member of the Committee becomes a member of the Board, his office as a member of the Committee shall be thereby vacated.
(3)
If any member of the Board or Committee dies or resigns or otherwise vacates his office, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.
(4)
Unless he sooner vacates his office as provided in the foregoing provisions of this section, every member of the Board and of the Committee shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.
(5)
The powers of the Board and of the Committee shall not be affected by any vacancy in the membership thereof.
Registration
11 Registration of veterinary surgeons
(1)
Subject to the provisions of subsection two of this section, every person shall be entitled to be registered as a veterinary surgeon under this Act who satisfies the Board—
(a)
That he is a member of the Royal College of Veterinary Surgeons, London; or
(b)
That he is a graduate in veterinary science of any University in the United Kingdom or the Republic of Ireland, the obtaining of whose degree entitles the holder on application to become a member of the Royal College of Veterinary Surgeons, London; or
(c)
That he is a graduate in veterinary science of any university in the Commonwealth of Australia, or of the University of Pretoria, Union of South Africa, or of the Ontario Veterinary College; or
(d)
That he is a graduate in veterinary science or the holder of a diploma in veterinary science of any other University or veterinary college, and has undertaken such post-graduate studies or training or has passed such examination, whether in New Zealand or elsewhere, as the Board may prescribe or approve in the case of any such graduate or holder.
(2)
No person shall be entitled to be registered as a veterinary surgeon unless he satisfies the Board that he is of good character and repute.
Compare: 1926, No. 50, s. 6; 1950, No. 91, s. 39
12 Application for registration
(1)
Every person who is entitled to be registered as a veterinary surgeon under this Act may make application to the secretary to the Board to be registered accordingly, and shall at the same time provide such evidence of his professional ability and of his personal character as may be required by the Board.
(2)
Any such application shall be accompanied by the prescribed fee, which shall be paid into the Public Account to be credited to the Consolidated Fund.
(3)
On receipt by the secretary of any such application and evidence he shall forthwith submit the same to the Board for its consideration.
Compare: 1926, No. 50, s. 15
13 Applications to be considered by Board
(1)
At its first meeting after any such application has been submitted to it or as soon thereafter as practicable, the Board shall consider that application and shall give such directions to the secretary of the Board in respect thereof as it thinks fit and as are hereinafter authorised.
(2)
Before giving any such directions, the Board may, if it thinks fit, examine on oath or otherwise the person making the application, or any person objecting thereto, or any other person, with respect to the application; and for the purposes of any such examination the chairman for the purposes of any meeting of the Board may administer an oath to any person appearing before that meeting.
(3)
The Board may also, if it thinks fit, require any person to verify by statutory declaration any statement made by him with respect to any application before the Board, or with respect to any objection to any such application.
14 Directions by Board regarding registration
(1)
If the Board, after considering any such application as aforesaid, is of opinion that the applicant is entitled to be registered, it shall so direct, and the secretary to the Board shall thereupon register that person and shall notify him accordingly.
(2)
If the Board, after considering any such application as aforesaid, is of opinion that the applicant is not entitled to be registered, it shall direct accordingly, and the secretary to the Board shall thereupon refuse to register that person, and shall notify him accordingly.
15 Appeal against refusal to register applicant
(1)
If any applicant who has been refused registration as a veterinary surgeon is dissatisfied with the direction of the Veterinary Surgeons Board, he may at any time within three months after notice of the refusal has been communicated to him by the secretary to that Board, appeal in the prescribed manner to a Board of Appeal, consisting of a Magistrate and two assessors, appointed in accordance with regulations under this Act.
(2)
The Board of Appeal shall thereupon hear the appeal, and may either confirm the decision of the Veterinary Surgeons Board, or order the registration of the appellant, and the determination of the Board of Appeal shall be final and conclusive.
Compare: 1926, No. 50, s. 11
16 Mode of registration
(1)
Registration as a veterinary surgeon shall be effected by the entry in the register kept for the purpose by the secretary to the Board of the following particulars:
(a)
The name of the person registered;
(b)
Particulars as to the qualification or qualifications by virtue whereof he is registered;
(c)
His postal address (including the name of the street and the number of the house, where possible);
(d)
The date of registration; and
(e)
Such other particulars as may be prescribed.
(2)
The secretary to the Board shall, on application in that behalf made to him at any time by a person so registered and on payment of the prescribed fee, issue to that person a certificate of registration.
Compare: 1926, No. 50, s. 8
Amendment of Register
17 Change of address
(1)
Every person who is registered as a veterinary surgeon, and who at any time changes his address as appearing in the register, shall, within one month thereafter, send to the secretary to the Board a notice of his new address specifying where possible the name of the street and the number of the house, and the secretary shall thereupon correct the entry in the register relating to that person accordingly.
(2)
Every such person who fails to comply with the provisions of subsection one of this section commits an offence and shall be liable on summary conviction to a fine not exceeding five pounds.
18 Name may be erased from register if registered person is believed to be dead
(1)
If the Board has reason to believe that any person who is registered as a veterinary surgeon has died, it may direct the secretary to the Board to erase the name of that person from the register, and the secretary shall erase that name accordingly.
(2)
Any person whose name has been erased by mistake from the register in pursuance of this section may apply to the secretary to the Board to have his name restored to the register; and on proof to the satisfaction of the Board that his name has been erased by mistake, the secretary shall, if so directed by the Board, restore to the register the name of that person.
19 Entry in register of additional degrees and diplomas
Every person who is registered as a veterinary surgeon, and who obtains any degree or diploma other than that by virtue of which he is registered, may apply to the Board to amend the register so far as it relates to the qualifications of that person; and on any such application the Board shall, if satisfied that the applicant is entitled to the degree or diploma in respect of which the application is made and that the degree or diploma in respect of which the application is made is of sufficient standing to warrant it being included in the register, direct the secretary to the Board to amend the register accordingly, and the secretary shall thereupon insert in the register particulars as to that degree or diploma.
20 Amendment of register if person wrongfully registered or if particulars incorrect
(1)
If any person has been registered as a veterinary surgeon by reason of any false or fraudulent representation or declaration, made either orally or in writing, or if any person not entitled to be registered as aforesaid has been so registered, the Board shall cause the name of that person to be erased from the register, and the fact of that erasure shall be notified by the secretary to the Board in the Gazette.
(2)
If any particulars appearing in the register in respect of the qualifications or address of any such person are proved to the satisfaction of the Board to be or are to the knowledge of the Board false or erroneous in any respect, the Board shall direct the secretary to the Board to erase those particulars from the register, or otherwise to amend the register, and the secretary shall thereupon amend the register accordingly.
(3)
The provisions of subsection two of this section shall apply notwithstanding the fact that at the time when the entry in the register was made the person was actually possessed of the qualifications particulars whereof appear in the register, or that at that time the entry was otherwise correct.
(4)
Any person whose name has been erased from the register in pursuance of subsection one of this section, or any person the particulars of whose qualifications have been altered in pursuance of subsection two thereof, may by motion apply to the Supreme Court for an order to the secretary to the Board for the restoration of his name to the register, or for the restoration to the register of any particulars as to his qualifications; and thereupon the Court may make such order in the matter as it thinks fit or may refuse to make any order, and in any such case the costs of the proceedings shall be in the discretion of the Court.
Compare: 1926, No. 50, s. 10
21 Provisional practising certificates
(1)
Notwithstanding anything to the contrary in this Act, the secretary to the Board shall, if so directed by the chairman of the Board, issue to a person who has applied for registration as a veterinary surgeon under this Act a provisional certificate which shall entitle that person, pending the consideration of his application by the Board, to practise as a veterinary surgeon.
(2)
Every such certificate shall, unless it has been cancelled or has lapsed, remain in force for the period stated therein, not exceeding three months, but any such certificate may from time to time be renewed.
(3)
The holder of any such certificate shall, while the certificate remains in force, be deemed for all purposes to be registered as a veterinary surgeon.
(4)
The secretary to the Board may cancel any provisional certificate at any time on the direction of the Board.
22 Offences as to registration
(1)
Every person who wilfully procures or attempts to procure himself to be registered under this Act by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either orally or in writing, and any person who assists or attempts to assist him therein, commits an offence, and shall be liable on conviction on indictment to imprisonment for a term not exceeding three years.
(2)
Every such offence may be dealt with by a Magistrate under and subject to the provisions of the Summary Jurisdiction Act 1952 as if it were an offence in respect of which a Magistrate has summary jurisdiction under that Act.
Compare: 1926, No. 50, s. 9
23 Register to be open to inspection
The register kept by the secretary to the Board under this Act shall at all reasonable times be open to inspection by the public at the office of the Director-General of Agriculture in Wellington.
Discipline Within the Veterinary Profession
24 Preliminary consideration of disciplinary cases by Committee
If any person informs the secretary to the Board in writing that for reasons stated he has cause to suspect and does suspect that any person who is registered as a veterinary surgeon has been guilty of grave impropriety or infamous conduct in a professional respect, the secretary shall forthwith forward a copy of the written information to each member of the Committee, and the Committee after due inquiry shall decide whether the information ought to be referred to the Board to be dealt with as hereafter provided in this Act.
25 Disciplinary powers of Board
(1)
In any case where the Committee refers any such written information to the Board, or where the Committee of its own motion informs the Board in writing that for reasons stated it has cause to suspect and does suspect that any person who is registered as a veterinary surgeon has been guilty of grave impropriety or infamous conduct in a professional respect, the Board shall forthwith cause to be served on the person named in the information—
(a)
A notice requiring him to appear before the Board, at a time and place to be specified, to show cause why he should not be suspended from the practice of his profession or be otherwise dealt with in accordance with this section:
(b)
A copy of the said written information.
(2)
If after due inquiry and after giving the person due opportunity to be heard and to adduce evidence in his defence the Board is satisfied either that the person has been guilty of grave impropriety or infamous conduct in a professional respect or that his conduct has been of such a nature as to render the exercise of the powers of the Board under this section expedient, the Board may, by writing under the hand of either the chairman of the Board or the chairman in respect of the meeting which makes the decision, impose a penalty upon the person not exceeding fifty pounds, or, with the consent in writing of the Attorney-General, suspend the person from practice as a veterinary surgeon for a period not exceeding twelve months. In giving or withholding consent under this subsection the Attorney-General shall consider only the gravity and nature of the impropriety or conduct charged, apart from the question whether the veterinary surgeon has in fact been guilty of the impropriety or conduct.
(3)
Every monetary penalty imposed by the Board under this section shall be recoverable as a debt due to the Crown, and shall be paid into the Public Account to be credited to the Consolidated Fund.
(4)
While any order of suspension from practice as a veterinary surgeon under this section remains in force the person shall be deemed not to be a registered veterinary surgeon, but forthwith on the expiry of the order his rights and privileges as a registered veterinary surgeon shall be revived as from the date of the expiry.
(5)
There shall be a right of appeal to the Supreme Court from an order of suspension or the imposition of a penalty under this section, and on any such appeal the Court may make such order as it thinks proper, having regard to the merits of the case.
(6)
An order of suspension shall not take effect in any case until the expiration of twenty-one days after the date of the notification by the Board to the person affected of the making of the order. If within the said period of twenty-one days, the person gives due notice of appeal to the Supreme Court, the order shall not take effect unless and until it is confirmed by the Supreme Court or the appeal is for any reason dismissed by that Court:
Provided that, unless the Supreme Court otherwise orders, the period of suspension specified in the order shall commence on the day when the order commences to have effect.
(7)
The powers conferred on the Board by this section are in addition to its powers under section twenty-six of this Act, and it shall not be obligatory on the Board to take any steps under this section before proceeding to exercise the powers conferred by the said section twenty-six.
Compare: 1926, No. 50, s. 10
Jurisdiction of Supreme Court
26 Supreme Court may order removal of name from register
(1)
The Board or any person may apply to the Supreme Court for an order for the removal from the register of the name of any person who is registered as a veterinary surgeon, on the ground that the person so registered has been guilty of grave impropriety or infamous conduct in a professional respect, or that the person has been convicted (either before or after his registration) of an indictable offence punishable by imprisonment for a term of two years or upwards; and the Court may make such order in the matter as it thinks fit:
Provided that the name of any such person shall not be removed from the register under this section by reason of an indictable offence committed before the date of his registration if at that date the Board was aware of his conviction in respect of that offence.
(2)
In any order under this section for the removal from the register of the name of any such person the Court may fix a time after which the person whose name is so removed as aforesaid may apply for re-registration under this Act.
(3)
At the expiration of that time the person whose name has been so removed may apply for re-registration, and all the provisions of this Act as to registration shall so far as practicable apply to re-registration under this section.
(4)
If the Court does not fix any such time as aforesaid, the Board may refuse to consider any such application for such time as it thinks fit:
Provided that any person aggrieved by the refusal of the Board to consider that application may apply to the Court for an order directing the Board to consider that application, or directing the secretary to the Board to enter in the register the name of that person, and thereupon the Court may make such order in the matter as it thinks fit.
Procedure
27 Appointment of legal assessor
The Board may appoint a legal assessor to be present at any inquiry, to advise the Board on matters of law, procedure, and evidence.
28 Power of Board to require evidence to be given
(1)
The Board, by notice in writing under the hand of its chairman or secretary, may require any person to attend and give evidence before it at any inquiry under this Act, and to produce all books and documents in that person’s custody, or under his control relating to the subject matter of any such inquiry.
(2)
The Board may require any such evidence to be given on oath, and either orally or in writing, and for that purpose the chairman of the Board or of any meeting of the Board may administer an oath.
(3)
Every person who, without lawful justification, refuses or fails to give evidence when required to do so by the Board, or to answer truly and fully any question put to him by the Board, or to produce to the Board any book or document required of him, commits an offence against this section, and shall be liable on summary conviction to a fine not exceeding one hundred pounds.
29 Privileges and immunities of witnesses and counsel
Witnesses and counsel shall have the same privileges and immunities in relation to inquiries before the Board as they would if the inquiries were proceedings in a Court.
30 Witnesses’ expenses
(1)
Every witness giving evidence or intending to give evidence at the hearing of any inquiry under this Act shall be entitled in the discretion of the Board to such sum for his expenses and loss of time as the Board may determine.
(2)
Subject to any order made by the Board as to the payment of costs or expenses, all such witnesses’ expenses shall be paid by the New Zealand Veterinary Association Incorporated.
31 Protection of Board and other persons
Neither the Board, nor any member or servant of the Board, shall be under any criminal or civil liability whatsoever in respect of anything done or omitted to be done or of any words spoken or written at or for the purposes of the hearing of any inquiry, appeal, or other proceedings under this Act, unless it is proved to the satisfaction of the Court before which any proceedings are taken that the defendant in the proceedings has acted in bad faith.
Miscellaneous Provisions
32 Fees for certain examinations
Any person who makes application for registration as a veterinary surgeon and who is required by the Board to sit an examination under paragraph (d) of subsection one of section eleven of this Act, shall, before being allowed to sit the examination, pay the cost of examining him into the Public Account or to the person conducting the examination, as the Board may direct.
33 Penalty for wrongfully using title of veterinary surgeon
(1)
Subject to the provisions of subsection two of this section, every person commits an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds who, not being registered as a veterinary surgeon, takes, uses, or adopts the name, title, or description of veterinary surgeon, veterinarian, or veterinary practitioner, or who uses or causes to be used in connection with his business, trade, calling, or profession any words whatsoever in such a manner or in such circumstances as to imply that he is a registered veterinary surgeon or that he holds any degree or diploma in veterinary science or that he is otherwise specially qualified to practise or advise on veterinary science or any branch thereof.
(2)
Notwithstanding the provisions of subsection one of this section, it shall be lawful for any person who, immediately before the commencement of this Act, was entitled to use the title or description of veterinary practitioner to continue to use that title or description.
Compare: 1926, No. 50, s. 14
34 Regulations
(1)
The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
(2)
All regulations made under this Act shall be laid before Parliament within twenty-eight days after the date of the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within twenty-eight days after the date of the commencement of the next ensuing session.
Compare: 1926, No. 15, s. 16
35 Repeals and savings
(1)
The enactments specified in the Schedule to this Act are hereby repealed.
(2)
Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.
Schedule Enactments Repealed
Section 35(1)
1926, No. 50—
The Veterinary Surgeons Act 1926. (1931 Reprint, Vol. V, page 736.)
1950, No. 91—
The Statutes Amendment Act 1950: Section 39.
1951, No. 79—
The Fees and Travelling Allowances Act 1951: So much of the First Schedule as relates to the Veterinary Surgeons Board, and so much of the Second Schedule as relates to the Veterinary Surgeons Act 1926.