There is hereby constituted a Board, to be known as the Chiropractic Board.

The Board shall consist of—

The members of the Board shall be appointed by the Governor-General on the recommendation of the Minister, and shall be appointed for a term of three years, save that any member may from time to time be reappointed, or may be at any time removed from office by the Governor-General for disability, insolvency, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Registrar.

If any appointed member of the Board dies, is removed from office, or resigns, the vacancy so created shall be filled in the manner in which the appointment to the vacant office was originally made.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.

Unless he sooner vacates his office as provided in the last preceding subsection, every member of the Board shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

The powers of the Board shall not be affected by any vacancy in the membership thereof.

The Chairman shall preside at all meetings of the Board at which he is present, and in his absence the other members of the Board shall choose one of their number to preside at that meeting as Chairman.

At every meeting of the Board three members shall form a quorum.

Every question before the Board shall be determined by a majority of the votes of the members present at a meeting of the Board.

The Chairman at any meeting shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote.

Except as expressly provided in this Act or in regulations made thereunder, the Board may regulate its procedure in such manner as it thinks fit.

The functions of the Board shall be—

There shall from time to time be appointed, under the Public Service Act 1912, a Registrar of Chiropractors.

The Registrar shall act as Secretary to the Board.

There shall be a Committee to be called the Chiropractic Disciplinary Committee.

The Committee shall consist of three members who shall be chiropractors and shall be appointed by the Governor-General on the recommendation of the Minister of Justice. Of the members so appointed one shall be appointed as Chairman, and not more than two shall be graduates of any one school of chiropractic.

No person shall be appointed as a member of the Committee unless he is a member of the Association, and no member of the Board shall be appointed as a member of the Committee.

Every member of the Committee shall, unless he sooner vacates his office, hold office for a term of three years, but may from time to time be reappointed.

If any member of the Committee ceases to be a member of the Association, or becomes incapable of performing the duties of his office as a member of the Committee, or becomes a member of the Board, his office as a member of the Committee shall be thereby vacated; and in any such case, or in the case of the death or resignation of a member of the Committee, the Governor-General, on the recommendation of the Minister of Justice, shall appoint some qualified person to fill the vacancy. Every person so appointed shall hold office for the residue of the term of office of his predecessor.

The powers of the Committee shall not be affected by any vacancy in the membership thereof.

The decision of any two members of the Committee shall be the decision of the Committee.

Subject to the foregoing provisions of this section, the Committee may regulate its procedure as it thinks fit.

The Board and the Chiropractic Disciplinary Committee are hereby declared to be statutory Boards within the meaning of the Fees and Travelling Allowances Act 1951.

There shall be paid to the members of the Board and to the members of the Chiropractic Disciplinary Committee, and to any assessors appointed under section twenty-four 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 Committee) were members of a statutory Board within the meaning of that Act.

Every person shall be entitled to be registered under this Act who satisfies the Board—

No person shall be entitled to be registered as a chiropractor under paragraph (b) or paragraph (c) of subsection one of this section unless he makes application for registration within one year after the commencement of this Act or, in any case where the certificate or documentary evidence is issued after the commencement of this Act, within five years from the date of the commencement of this Act.

For the purposes of paragraph (a) of subsection one of this section the examination in general knowledge means the Entrance Examination of any New Zealand University, including at least one of the subjects Biology, Chemistry, and Physics; and includes any other examination recognised by any such University as requiring an equivalent or higher standard of the same sort of general knowledge.

For the purposes of this section, the term “recognised certificate” means a certificate, diploma, degree, or licence granted by any approved college, school, or other authority and recognised by the Board as furnishing sufficient evidence of the possession by the holder thereof of the requisite knowledge and skill for the efficient practice of the profession of chiropractic; and for the purposes of this subsection the term “approved college, school, or other authority” means an institution approved by the Board under section twenty-nine of this Act.

Notwithstanding anything in the foregoing provisions of this section, but subject to the provisions of section twenty-four of this Act as to appeals, no person shall be registered under this Act if, in the opinion of the Board, he is not of good character and reputation.

No person who is less than twenty-four years of age shall be registered under this Act:

Provided that a person who is not less than twenty-one years of age may be conditionally registered under this Act.

Every person who is conditionally registered under this Act shall be deemed to be registered as a chiropractor while he practises chiropractic in association with a person not less than twenty-four years of age who is registered as a chiropractor under this Act, but not otherwise; and every reference in this Act to a registered chiropractor shall be read accordingly:

Provided that sections twenty-one to twenty-four of this Act shall apply to a person who is conditionally registered under this Act as if he were registered under this Act, whether or not he so practises chiropractic.

Every reference in Part II of this Act to registration or being registered under this Act shall include a reference to conditional registration or being conditionally registered under this Act.

Every application for registration as a chiropractor under this Act shall be made in writing addressed to the Registrar, and shall be accompanied by the prescribed fee.

Every application for registration shall be accompanied by a copy thereof which, on receipt by the Registrar, shall be forthwith forwarded by him to the Association.

As soon as practicable after the receipt of any application for registration the Board shall consider the application and shall give such directions in respect thereof as it thinks fit and as are hereinafter authorised.

Before giving any such directions the Board may, if it thinks fit, examine on oath or otherwise the applicant, or any person objecting to the application, or any other person, with respect to the application; and for the purposes of this subsection the Chairman of the Board may administer an oath to any person.

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 or with respect to any objection to an application.

Within one month after the receipt by the Association of a copy of any application as aforesaid, the Association may give notice in writing to the Registrar of its desire to object to the registration of the applicant, and of the grounds of the objection. A copy of the notice shall forthwith be sent by the Association to the applicant.

The Board shall appoint a convenient time and place for hearing the objection, and shall give notice thereof in writing to the applicant and to the Secretary of the Association at least seven clear days before the time so appointed.

Both the applicant and the Association shall be entitled to be present and to be heard, and may be represented by counsel or otherwise, at the hearing of the objection.

If the Board, after considering any application as aforesaid, is of opinion that the applicant is entitled to be registered under this Act, it shall so direct, and the Registrar shall thereupon register the applicant, and shall notify the applicant and the Association accordingly.

If the Board, after considering any application as aforesaid, is of opinion that the applicant is not entitled to be so registered it shall direct accordingly, and the Registrar shall thereupon refuse to register the applicant, and shall notify him accordingly.

Registration under this Act shall be effected by the entry in the Register of Chiropractors (which shall be kept by the Registrar) of the name and address of the applicant, of the qualifications by virtue of which he is registered, and of such other particulars as may be prescribed.

The Register of Chiropractors shall be open to inspection by the public during ordinary office hours on payment of the prescribed fee.

The Registrar shall on application in that behalf made to him at any time by a chiropractor, and on payment of the prescribed fee, issue to that chiropractor a certificate of registration.

Every person who wilfully makes or causes to be made any false entry in or falsification of the register, or procures or attempts to procure himself or any other other person 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, commits an offence and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty pounds.

Every registered chiropractor who at any time changes his address as appearing on the register shall, within three months thereafter, send to the Registrar a notice of his new address, and the Registrar shall thereupon correct the entry in the register relating to that chiropractor accordingly.

Every chiropractor who, without reasonable cause, fails to comply with the provisions of this section commits an offence and is liable to a fine not exceeding two pounds.

The Registrar may at any time, and shall if the Board so directs, send to any registered chiropractor, by registered letter addressed to him at his address as appearing on the register, an inquiry as to whether or not he desires to have his named retained on the register or has ceased to practise.

If no reply is received to that letter within three months from the posting thereof, or if the letter is not delivered and is returned to the Registrar, the Registrar shall, if the Board so directs, remove from the register the name of the chiropractor to whom the letter was sent.

If any registered chiropractor applies to the Registrar to have his name removed from the register, the Registrar shall, if the Board so directs, remove the name from the register.

Any person whose name has been removed from the register in pursuance of this section may apply to the Registrar to have his name restored to the register, and on payment of the prescribed fee his name shall be restored to the register accordingly.

If any person has been registered under this Act 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 under this Act has been so registered, the Board shall cause the name of that person to be removed from the register.

The Board may cause to be removed from the register the name of any person registered under paragraph (b) of subsection one of section nine of this Act by virtue of a certificate or other documentary evidence of qualification issued before the commencement of this Act if the Board is satisfied that the certificate or other documentary evidence of qualification has been revoked or cancelled by the authority that granted it.

If the Board is satisfied that any certificate or other documentary evidence of qualification as aforesaid has been suspended for any period by the authority that granted it, the Board may suspend the registration under this Act of the holder of the certificate or other documentary evidence of qualification for the same period or for any unexpired portion of that period.

If any person registered under paragraph (a) of subsection one of section nine of this Act, by virtue of a certificate of competency granted in New Zealand, has been authorised by any competent authority to practise his profession out of New Zealand and his right so to practise is thereafter suspended for any period, the Board may if it thinks fit suspend the registration under this Act for the same period or for any unexpired portion of that period.

If any person informs the Registrar in writing that for reasons stated he has cause to suspect and does suspect that any registered chiropractor—

the Registrar shall forthwith forward a copy of the written information to each member of the Chiropractic Disciplinary Committee, and the Committee after due inquiry shall decide whether the information ought to be referred to the Board to be dealt with as hereinafter provided.

In any case where the Chiropractic Disciplinary Committee refers any such written information to the Board, or where that Committee of its own motion informs the Board in writing that for reasons stated it has cause to suspect and does suspect that any of the matters specified in paragraphs (a) to (c) of section twenty-two of this Act apply to any chiropractor, the Board shall forthwith cause to be served on the person named in the information—

If after due inquiry and after giving the person due opportunity to be heard, either in person or by counsel or otherwise, and to adduce evidence in his defence, the Board is satisfied either that the matters charged in the information are proved or that the conduct of the person charged has been of such a nature as to render the exercise of the Board’s powers 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,—

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.

While the registration of any person is suspended in accordance with this section he shall be deemed not to be registered.

An order under this section 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, or until the expiration of such further period as the Board may allow. If within such period notice of appeal is given under section twenty-four of this Act, the order shall not take effect unless and until it is confirmed by the Board of Appeal, with or without modification, under that section, or the appeal is for any reason dismissed by the Board of Appeal:

Provided that in any such case the order shall take effect from the date of the decision of the Board of Appeal or from such other date as the Board of Appeal may fix.

Every person (including the Association) who is dissatisfied with any decision of the Board under section fourteen of this Act, or relating to the removal of a chiropractor’s name from the register, or to the suspension of his registration, or to the imposition on him of any penalty, may, within twenty-one days after notice of the decision has been communicated to him by the Registrar, or within such further period as the Board either before or after the expiration of the said period of twenty-one days may allow, give notice of appeal in the prescribed manner to the Registrar.

On receipt of the notice of appeal the Registrar shall take all steps necessary for the constitution of a Board of Appeal, consisting of a Magistrate and two assessors. The assessors shall be appointed in accordance with regulations under this Act to represent the Chiropractic Board and the appellant respectively.

On any appeal under this section the appellant shall be entitled to be present and to be heard, and may if he thinks fit be represented by counsel or otherwise.

The Board of Appeal so constituted shall as soon as practicable hear the appeal, and may confirm, reverse, or modify the decision of the Board, and may give any decision which the Board could have given under subsection two of section twenty-three of this Act.

On any appeal under this section the decision of not less than two members of the Board of Appeal (including the Magistrate) shall be the decision of that Board, and that decision shall be final and conclusive.

On any appeal under this section the Board of Appeal may make an order for the payment by the Chiropractic Board, or by the appellant, of the costs incurred in respect of the appeal by the other party to the appeal, and in any such case the costs so awarded may be recovered as a debt due by the party against whom they have been awarded to the party in whose favour they have been awarded.

On any appeal under this section the Board and the Association may be heard and may be represented by counsel.

If any registered chiropractor becomes an inmate of an institution under the Mental Health Act 1911, whether as a patient or as a voluntary boarder, he shall not thereafter resume the practice of his calling as a chiropractor without a licence in that behalf granted by the Board.

Every person to whom this section relates who practises his calling as a chiropractor without having obtained a licence from the Board commits an offence and is liable to a fine not exceeding ten pounds and, if the offence is a continuing one, to a further fine not exceeding five pounds for every day on which the offence has continued.

Every person to whom this section relates shall, until the issue of a licence by the Board, be deemed not to be registered.

Every person commits an offence and is liable to a fine not exceeding twenty pounds who, not being registered under this Act,—

No person shall be convicted under this section of any offence committed before the first day of July, nineteen hundred and sixty-one.

Every person commits an offence and is liable to a fine not exceeding fifty pounds who describes himself or otherwise holds himself out as a teacher of chiropractic, or in any manner intended or likely to cause any other person to believe that he is qualified to give instruction to or to train persons in chiropractic, unless he is previously authorised in writing by the Board to give instruction or train persons as aforesaid.

In this section the term “year” means the period of twelve months beginning on the first day of April in any year and ending with the thirty-first day of March next following.

No registered chiropractor shall, after the first day of April, nineteen hundred and sixty-one, be entitled in any year to act as a chiropractor unless he is the holder of an annual practising certificate issued in respect of that year.

Every person who acts or undertakes to act as a chiropractor in breach of this section commits an offence and is liable to a fine not exceeding five pounds for every day on which the offence has continued.

The Board, on application made to it by any registered chiropractor, shall issue to him an annual practising certificate, which shall be in force during the year in respect of which it is issued:

Provided that if at any time during the currency of any such certificate the holder thereof ceases to be registered under this Act the certificate shall be deemed to be cancelled.

Every person entitled to receive an annual practising certificate under this section shall be deemed to have obtained that certificate when he has duly applied to the Board for it and has paid the prescribed fee.

The Board may approve as a training college or school for chiropractors any institution controlled or maintained by the Association or any other society or body of persons approved by the Board for the purpose, being an institution at which there is provided a residential course of four college or school periods of eight months each, or more.

The approval of any training college or school by the Board may be at any time revoked by the Board.

All proceedings in respect of offences against this Act or against any regulations made under this Act shall be taken in a summary way, and shall be heard before a Magistrate.

A certificate under the hand of the Registrar to the effect that any person is or is not registered or the holder of an annual practising certificate under this Act, or was or was not so registered or the holder of such a certificate at any particular time or during any period specified in the certificate, or as to any entry in the register kept under this Act, or as to any act or proceeding of the Board or any committee of the Board, shall, until the contrary is proved, be sufficient evidence of the matters therein specified.

Subsection one of section two of the Radioactive Substances Act 1949 is hereby amended by inserting, before the definition of the term “Council”, the following definition:

Section sixteen of the Radioactive Substances Act 1949 is hereby amended by adding to subsection one the following paragraph:

The said section sixteen is hereby further amended by inserting, after subsection five, the following subsection:

All fees and other money, received under this Act shall be paid into the Public Account, to the credit of the Consolidated Fund, and all expenses incurred in the administration of this Act shall be paid out of money to be appropriated from time to time by Parliament for the purpose.

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.

Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:

All regulations made under this Act shall be laid before Parliament.

The Chiropractors’ Association Act 1955 is hereby repealed.

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