All rights, assets, liabilities, and debts that the statutory institute had immediately before the commencement of this Act are deemed to have become rights, assets, liabilities, and debts of the private institute on that commencement.

Compare: 1992, No. 128, s. 4

4 Validation

For the avoidance of doubt, the incorporation of the private institute while the statutory institute was in existence is deemed to have been as valid and effectual as it would have been if expressly authorised by the principal Act.

5 Board to employ or appoint Registrar

The principal Act is amended by inserting, after section 38, the following section:

“38a

The Board must take all practicable steps to ensure that at all times a person is employed or appointed by it to carry out on its behalf (and subject to any general directions it thinks fit) administrative functions relating to the registration of architects.”

Part 2 Saving, and Consequential Amendments and Repeals

6 Interpretation

Section 2 of the principal Act is amended by repealing the definitions of the terms “Council”, “Institute”, “Registrar”, and “rules of the Institute” (as inserted by section 2(2) of the Architects Amendment Act 1982), and inserting, in their appropriate alphabetical order, the following definitions:

“‘The private institute’ means the society, incorporated under the Incorporated Societies Act 1908, that on the commencement of the Architects Amendment Act 1997 was known as the New Zealand Institute of Architects Incorporated:

“‘The Registrar’ means the person for the time being employed or appointed under section 38a:

“‘The statutory institute’ means the New Zealand Institute of Architects constituted by the former section 3:”.

7 Persons entitled to registration

The principal Act is amended by repealing section 15 (as amended by section 7 of the Architects Amendment Act 1982), and substituting the following section:

“15

“(1)

Subject to subsection (2),—

“(a)

A person who has obtained from the Board or the High Court a direction for the person’s registration as an architect is entitled to be registered as an architect; and

“(b)

A person who was at any time a member of the statutory institute is entitled to be registered as an architect; and

“(c)

A person who has previously been registered as an architect is entitled to be registered as an architect again.

“(2)

A person—

“(a)

Whose name has at any time been removed from the register under section 44; or

“(b)

Who has at any time been expelled from the statutory institute,—

is not entitled to be registered as an architect (or registered as an architect again) unless the Board is satisfied that the person is a fit and proper person to be registered as an architect.”

8 Constitution of Board

(1)

Section 33(2) of the principal Act is amended by repealing paragraphs (a), (b), and (h), and substituting, respectively, the following paragraphs:

“(a)

One member who is the president of the private institute, or (whether or not the office exists or, if it exists, whether or not it is vacant) a person appointed by the private institute to act in the president’s place:

“(b)

Four members appointed by the Minister on the recommendation of the private institute:

“(ba)

One member appointed by the Minister after consultation with the Minister of Consumer Affairs (or if there is for the time being no Minister of Consumer Affairs, with a Minister of the Crown nominated by the Prime Minister for the purposes of this paragraph):

“(h)

One member appointed by the Minister on the nomination of the New Zealand Vice-Chancellors Committee established by section 240(1) of the Education Act 1989:”.

(2)

Every person on the commencement of this Act holding office as a member of the Board under section 33(2)(b) of the principal Act continues in office as if appointed by the Minister on the recommendation of the private institute.

(3)

The person on the commencement of this Act holding office as a member of the Board under section 33(2)(h) of the principal Act goes out of office on that commencement; but may be reappointed.

9 Investigation Committee

Section 38(2) of the principal Act is amended by repealing paragraph (b), and substituting the following paragraphs:

“(b)

One registered architect nominated by the private institute:

“(c)

One person nominated by the Minister after consultation with the Minister of Consumer Affairs (or if there is for the time being no Minister of Consumer Affairs, with a Minister of the Crown nominated by the Prime Minister for the purposes of this paragraph).”

10 Improper use of terms implying registration under this Act

Section 53 of the principal Act is amended—

(a)

By omitting from subsection (1) the words “subsections (1a) and” (as substituted by section 5(1) of the Architects Amendment Act 1982), and substituting the word “subsection”; and

(b)

By repealing subsections (1a) (as substituted by section 5(2) of the Architects Amendment Act 1982), (2), and (3) (as amended by section 3(2) of the Architects Amendment Act 1979).

11 Consequential repeals

The following enactments are repealed:

(a)

Part I and sections 19(4) and 51 of the principal Act:

(b)

The Architects Amendment Act 1979:

(c)

Sections 2 to 6 of the Architects Amendment Act 1982:

(d)

So much of the Schedule to the Architects Amendment Act 1982 as relates to section 8, section 14, or section 15 of the principal Act.

This Act is administered in the Department of Internal Affairs.

Architects Amendment Act 1997