In this Act, unless the context otherwise requires,—
Board means a Board of Trustees constituted under Part 9 of the Education Act 1989; and, in relation to a school, means the school's Board
“Board”: this definition was inserted, as from 1 October 1989, by section 142(2) Education Act 1989 (1989 No 80).
Education Board
[Repealed]
“Education Board”: this definition was repealed, as from 1 October 1989, by section 142(2) Education Act 1989 (1989 No 80).
High school has the same meaning as the term secondary school in the Education Act 1914; and includes a technical school and a technical high school established under that Act, a combined school constituted under the Education Amendment Act 1924, the New Plymouth Combined School, the Napier Combined School, Wairarapa College, and the Nelson Combined School
High school reserve means any land vested in the governing body of a high school; but does not include a school site
Kindergarten has the same meaning as in the Education Act 1964
Kindergarten: The Education Act 1964 has been substituted for the repealed Education Act 1914.
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Minister: this definition was substituted, as from 1 January 1992, by section 2 Education Lands Amendment Act 1991 (1991 No 141).
Ministry means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Ministry: this definition was inserted , as from 1 January 1992, by section 2 Education Lands Amendment Act 1991 (1991 No 141).
Playcentre has the same meaning as in the Education Act 1964
Playcentre: this definition was inserted by section 2(1) of the Education Lands Amendment Act 1975.
Public school means a school established or deemed to have been established under Part 5 of the Education Act 1914, or which is subject to the control of an Education Board under section 55 of that Act; and includes a district high school established under section 88 of that Act, and an intermediate school within the meaning of section 3 of the Education Amendment Act 1932-33
School means any school established or deemed to have been established under the Education Act 1914; and includes any school named in Schedule 9 to that Act, a kindergarten, a playcentre, the New Plymouth Combined School, the Napier Combined School, Wairarapa College, and the Nelson Combined School
School: this definition was amended by section 2(2) Education Lands Amendment Act 1975 by inserting the words “a playcentre”.
Secretary means the chief executive of the Ministry
“Secretary”: this definition was inserted, as from 1 January 1992, by section 2 Education Lands Amendment Act 1991 (1991 No 141).
Site, school site, or site for a school means the land used as a site for a school and its grounds and playing areas; and includes any land used for a teacher's or staff residence or for a hostel for pupils, land for outdoor classes, instruction, practical teaching, or experimentation, and land used for any purpose ancillary to any of those purposes
Trustees means Board.
Section 2 “Trustees” was substituted, as from 1 October 1989, by section 142(2) Education Act 1989 (1989 No 80).
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
3-
Setting apart of school sites by high school Trustees and Education Boards
[Repealed]
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
4-
Public school sites to vest in Education Boards
[Repealed]
Subsection (1) was amended, as from 26 October 1956, by section 2 Education Lands Amendment Act 1956 by inserting the words “except the Public Works Act 1928”.
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
5-
School sites may be sold or exchanged
[Repealed]
The term Public Account referred to in subsection (3) was abolished by section 83(1) Public Finance Act 1989 (1989 No 44) and should now be read as a reference to the Crown Bank Account.
Subsections (6) and (7) were substituted by section 2 Education Lands Amendment Act 1967.
Subsection (6A) was inserted by section 2 Education Lands Amendment Act 1967.
Subsection (8) was added by section 2 Education Lands Amendment Act 1960.
Subsection (8) was amended, as from 4 July 1975, by section 3 Education Lands Amendment Act 1975 by inserting the words “or playcentre”.
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
5A
Minister may declare land to be no longer needed for educational purposes
[Repealed]
Section 5A was inserted, as from 1 January 1992, by section 3 Education Lands Amendment Act 1991 (1991 No 141).
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
6-
Leasing of certain school sites and other lands
[Repealed]
Subsection (1) was substituted, as from 1 January 1992, by section 4(1) Education Lands Amendment Act 1991 (1991 No 141).
Subsections (1A) to (1E) were inserted, as from 1 January 1992, by section 4(1) Education Lands Amendment Act 1991 (1991 No 141).
Subsection (1C) was amended, as from 19 December 1998, by section 61(1) Education Amendment Act (No 2) 1998 (1998 No 118) by inserting the words “; and any letting or licence under this subsection may be on such terms as the Minister thinks fit”. See section 62 of that Act as to the transitional provisions relating to enrolment schemes.
Subsection (2) was repealed, as from 1 January 1992, by section 4(1) Education Lands Amendment Act 1991 (1991 No 141).
Subsections (3) and (4) were repealed, as from 19 December 1998, by section 61(2) Education Amendment Act (No 2) 1998 (1998 No 118). See section 62 of that Act as to the transitional provisions relating to enrolment schemes.
Subsection (5) was substituted, as from 1 January 1992, by section 4(2) Education Lands Amendment Act 1991 (1991 No 141).
Subsection (6) was inserted, as from 26 October 1956, by section 3 Education Lands Amendment Act 1956 (1956 No 73).
Subsection (6) was amended, as from 1 January 1992, by section 4(3)(a) Education Lands Amendment Act 1991 (1991 No 141) by substituting the words “any school” for the words “the Board of a high school or an Education Board”. Note: in subsection (6) the amendment provision specifies to omit the words “the Board of a high school or an Education Board”. It would appear that this is in error as the words actually read “the Trustees of a high school or an Education Board”.
Subsection (6) was amended by section 4(3)(b) Education Lands Amendment Act 1991 (1991 No 141) by omitting the words “or of the Board” and the words “or the Board, as the case may be”.
Subsection (6) was amended, as from 19 December 1998, by section 61(3) Education Amendment Act (No 2) 1998 (1998 No 118) by inserting the words “, or for cultural purposes,”.
Subsection (7) was inserted, as from 26 October 1956, by section 3 Education Lands Amendment Act 1956 (1956 No 73). See section 62 of that Act as to the transitional provisions relating to enrolment schemes.
Subsection (7) was amended, as from 1 January 1992, by section 4(4) Education Lands Amendment Act 1991 (1991 No 141) by omitting the words “or of the Board, as the case may be”, and by repealing the proviso.
Both the Education Act 1914 and the Education Amendment Act 1949 have been repealed, but no provision exists in the Education Act 1964 parallel to that mentioned in the proviso to subsection (7).
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
6A
Licences to occupy school sites
[Repealed]
Sections 6A to 6F were inserted, as from 4 July 1975, by section 4 Education Lands Amendment Act 1975.
Section 6A was amended, as from 1 October 1989, by section 142(2) Education Act 1989 (1989 No 80) by substituting the words “the chief executive of the Ministry of Education” for the word “Minister”.
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
6B
Licensees may improve sites
[Repealed]
Sections 6A to 6F were inserted, as from 4 July 1975, by section 4 Education Lands Amendment Act 1975.
Subsection (4) was inserted, as from 13 December 1979, by section 2 Education Lands Amendment Act 1979.
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
6C
Form of licence
[Repealed]
Sections 6A to 6F were inserted, as from 4 July 1975, by section 4 Education Lands Amendment Act 1975.
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
6D
No licence may be given for exclusive occupation
[Repealed]
Sections 6A to 6F were inserted, as from 4 July 1975, by section 4 Education Lands Amendment Act 1975.
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
6E
Disposal of revenue received for licences
[Repealed]
Sections 6A to 6F were inserted, as from 4 July 1975, by section 4 Education Lands Amendment Act 1975 (1975 No 12).
Section 6E was substituted, as from 1 January 1992, by section 5 Education Lands Amendment Act 1991 (1991 No 141).
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
6F
Revocation of licence
[Repealed]
Sections 6A to 6F were inserted, as from 4 July 1975, by section 4 Education Lands Amendment Act 1975.
Part 1 (comprising sections 3 to 6F) was repealed, as from 17 May 2006, by section 61(2) Education Amendment Act 2006 (2006 No 19).
Subject to the terms of any trust affecting those reserves, the Trustees of any high school may grant leases under this section of any high school reserves vested in them.
(2)
All such leases shall be subject to the provisions of the Public Bodies Leases Act 1969, and the Trustees of every high school are hereby declared to be a leasing authority within the meaning of that Act.
(3)
Notwithstanding the provisions of section [4 of the Public Bodies Leases Act 1969, the powers of leasing hereby conferred on the Trustees of high schools may be validly exercised, notwithstanding any restriction or limitation of leasing powers imposed by any Act in force at the commencement of this Act.
(4)
All rents derived from any such lease shall from time to time be paid into the proper fund and be appropriated thereout, for the purposes to which the annual income of the Trustees is for the time being properly applicable.
(5)
On the expiry of any lease of a high school reserve granted by the Trustees and existing on the 28th day of October 1911 (being the date of the commencement of the Education Reserves Amendment Act 1911), the Trustees may grant the former lessee a new lease of the same land, or of any part thereof, under the provisions of the Public Bodies Leases Act 1969 for a period not exceeding 21 years, with perpetual right of renewal for periods not exceeding 21 years, at a rent for the first term of the lease to be fixed by valuation or arbitration in such manner as the Trustees determine.
(6)
Leases already made before that date may be surrendered with a view to new leases being granted under this section to the former lessees, and preliminary contracts (not inconsistent with the provisions of this section) may be made for effecting any such surrender and new lease.
Compare: 1928 No 33 s 11
In subsections (2), (3) and (5), the Public Bodies Leases Act 1969, being the corresponding enactment in force, has been substituted for the repealed Public Bodies' Leases Act 1908; in subsection (3), section 4 of the former Act has been substituted for section 3 of the latter Act.
8-
Roading, etc, of high school reserves
Subject to the terms of any trust affecting those reserves, the Trustees may out of the rents and profits of any high school reserves vested in them pay the whole or any part of the cost of surveying, constructing, or improving any road, street, bridge, ferry, or ford necessary in the opinion of the Trustees to the leasing or subdivision of any high school reserve vested in them; and the Trustees are hereby empowered to pay or contract to pay that cost in any manner that they think fit.
Subject to the terms of any trust affecting those reserves, the Trustees of any high school may sell, either together or in parcels, all or any part of the high school reserves vested in them, or may exchange those reserves or any part thereof under section 14 of this Act.
(2)
Notwithstanding anything contained in this Act or in any other Act or in any rule of law, it shall be lawful and be deemed always to have been lawful for the Trustees, by private treaty or otherwise, to transfer to Her Majesty the Queen, with or without consideration or for an inadequate consideration, any high school reserve held by them freed and discharged from all trusts and reservations affecting the same. Any land transferred to Her Majesty under this subsection shall thereupon be deemed to be Crown land subject to the Land Act 1948.
Compare: 1928 No 33 s 17; 1948 No 61 s 6
10-
High school reserves to be sold by auction, tender, or application and ballot
Except in the case of a sale to Her Majesty the Queen under subsection (2) of the last preceding section, every sale of a high school reserve shall be made by public auction, public tender, or public application and ballot at a price fixed by a special Government valuation of the land, and at least 2 months' notice of the intended sale or ballot shall be publicly notified by advertisement in one or more newspapers circulating in the land district, and also in the capital town of the provincial district, wherein the reserves are situated.
Compare: 1928 No 33 s 10; 1948 No 61 s 5
11-
Application of proceeds of sale
(1)
All money arising from any such sale shall, after payment of the costs and expenses payable by the Trustees in connection with the sale, be—
(a)
Expended in the purchase of other land held in fee simple in New Zealand, to be held as high school reserves for the same purposes as those on which the land sold was held; or
(b)
Invested on first mortgage of land held in fee simple in New Zealand, or in New Zealand Government securities or in the bonds, debentures, or other securities of any municipal corporation established in New Zealand, with power to the Trustees from time to time to vary any such investment.
(2)
Where any such money has been invested on mortgage as aforesaid, and the land mortgaged becomes vested in the Trustees under any power of sale expressed or implied in the mortgage, the Trustees shall hold the land so becoming vested in them upon the same trusts and subject to the same powers and conditions as those on which they held the land from the sale of which the money was derived.
Compare: 1928 No 33 s 18; 1948 No 61 s 7
12-
Power of Trustees to borrow money
(1)
The Trustees of any high school may from time to time, with the approval of the Minister, borrow money on the security of the rents and profits of the high school reserves vested in them or any part thereof.
(2)
[Repealed]
Compare: 1928 No 33 s 20
Subsection (2) was repealed by section 135(1) Local Authorities Loans Act 1956.
Vesting of certain high school reserves and endowments in the Crown
Notwithstanding anything contained in any other Act or in any deed or other instrument, the several parcels of land specified in Schedule 1 to this Act shall as from the commencement of this Act be deemed to have ceased to be high school reserves, and shall vest in Her Majesty the Queen as Crown land subject to the Land Act 1948 freed and discharged from all trusts and reservations affecting the same, but subject to all leases, encumbrances, liens, or easements to which they are subject at the commencement of this Act.
(2)
The provisions of every other enactment in force at the commencement of this Act conferring on the Trustees of any high school any powers with respect to any land, or providing for the payment to high school Trustees of the income of or proceeds of the sale of any land, shall, as from the commencement of this Act, cease to apply with respect to any land specified in Schedule 1 to this Act.
(3)
All money and investments of money derived from endowments and vested in any high school Trustees at the commencement of this Act shall be deemed to be vested in Her Majesty the Queen, freed from all trusts and reservations affecting the same. The Trustees shall do all such things as are necessary or as the Minister of Finance may direct to be done for the purpose of securing that all money to which this subsection relates shall be paid into the Public Account, and that all investments to which this subsection relates shall be transferred into the name of Her Majesty.
(4)
For the purposes of the last preceding subsection, the term endowment means—
(a)
Any land granted by or on behalf of Her Majesty and vested in the Trustees of a high school as a high school reserve:
(b)
Any land acquired by the Trustees as a high school reserve from grants from the public revenue or from the proceeds of the sale of any land granted to or acquired by them as aforesaid:
(c)
Any land acquired by the Trustees in exchange for any other land granted to or acquired by them as aforesaid:
(d)
Any land acquired by the Trustees from income derived from any land granted to or acquired by them as aforesaid.
