• Preamble
• The Parliament of New Zealand therefore enacts as follows:
• Part 1: Preliminary
• Part 2: Rules of Foundation
• Part 3: Royal New Zealand Foundation of the Blind
• Part 4: Conversion to incorporated society
• Part 5: Miscellaneous provisions
• Schedule 1: Enactments amended
• Schedule 2: Regulations amended
• Legislative history

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Royal New Zealand Foundation of the Blind Act 2002

Examined and certified:
Clerk of the House of Representatives
In the name and on behalf of Her Majesty Queen Elizabeth the Second I hereby assent to this Act this 11th day of December 2002
Governor-General.

Private Act 2002 No 3

Preamble

(1) The Royal New Zealand Foundation for the Blind is a body corporate constituted by the Royal New Zealand Foundation for the Blind Act 1963.
(2) The Royal New Zealand Foundation for the Blind Act 1963 consolidated and amended the New Zealand Foundation for the Blind Act 1955 and its amendments.
(3) The Foundation wishes:
(a) to clarify its status as a body that is controlled primarily by, and operates for the benefit of, people who are blind and vision impaired:
(b) to modernise its structure, giving it characteristics of an incorporated society:
(c) to provide for the possible future registration of the Foundation as a society incorporated under the Incorporated Societies Act 1908:
(4) The objects of this Act cannot be achieved without the authority of Parliament:

The Parliament of New Zealand therefore enacts as follows:

1 Title

This Act is the Royal New Zealand Foundation of the Blind Act 2002.

2 Commencement

(1) Section 1, this section, and Parts 1 and 2 come into force on the day after the date on which this Act receives the Royal assent.
(2) The rest of this Act comes into force on a date or dates to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions and for different purposes.

Part 1: Preliminary

3 Interpretation

In this Act, unless the context otherwise requires,

Advisory Committee means any Advisory Committee that is for the time being established under section 16 of the Royal New Zealand Foundation for the Blind Act 1963

blind person means any person in New Zealand who is without sight or who is vision impaired

Board means the Board of Trustees of the Royal New Zealand Foundation for the Blind

Executive Committee means the Executive Committee that is for the time being established under section 28 of the Royal New Zealand Foundation for the Blind Act 1963

Foundation means
(a) until Part 3 comes into force, the Royal New Zealand Foundation for the Blind constituted under the Royal New Zealand Foundation for the Blind Act 1963; and
(b) on and after Part 3 comes into force, the Royal New Zealand Foundation of the Blind constituted under section 8

liabilities means liabilities, debts, charges, duties, obligations, whether present or future, whether actual or contingent, and whether payable to, or to be observed or performed in, New Zealand or elsewhere

property means real or personal property and includes
(a) choses in action and money; and
(b) goodwill; and
(c) rights, interests, and claims in or to property, whether arising from or accruing under, or created or evidenced by, or the subject of, an instrument or otherwise, and whether liquidated or unliquidated, actual, contingent, or prospective

Registrar means the Registrar of Incorporated Societies under the Incorporated Societies Act 1908

registration means registration at an office of the Registrar of Incorporated Societies

rights means rights, powers, privileges, and immunities, whether actual, contingent, or prospective

rules means the rules of the Foundation prepared under section 4 and adopted under section 5

society means the incorporated society registered under Part 4

Special Committee means any Special Committee that is for the time being established under section 28 of the Royal New Zealand Foundation for the Blind Act 1963

Trustee means a trustee appointed or elected to the Board of Trustees of the Royal New Zealand Foundation for the Blind; and includes the Chairman of the Board

undertaking, in relation to the Foundation, means the property, rights, and liabilities of the Foundation

vision impaired means a person, other than a person who is without sight, who otherwise through defective or limited vision requires, in the opinion of the Foundation or the society (as the case may be), care, treatment, or assistance.

Part 2: Rules of Foundation

4 Rules of Foundation

(1) As soon as practicable after the commencement of this section, the Board must prepare rules for the operation of the Foundation.
(2) The rules must comply with section 6 of the Incorporated Societies Act 1908.
(3) The rules must provide for the appointment of auditors of the Foundation's financial statements at annual general meetings of the Foundation.

5 Adoption of rules

(1) If the rules are adopted, they must be adopted by a special resolution.
(2) The following people are entitled to vote on the special resolution:
(a) every blind person who, immediately before the commencement of this Part, is registered with the Foundation to receive services from the Foundation and who is of or over the age of 16 years:
(b) in the case of each blind person who, immediately before the commencement of this Part, is registered with the Foundation to receive services from the Foundation and who is under the age of 16 years, 1 parent or guardian of that blind person.
(3) For the purposes of subsection (2)(b), the Board may, in its discretion, determine any question that arises concerning which parent or guardian is entitled to vote on the special resolution.
(4) The Board must take reasonable steps to ensure that every person who is entitled to vote may do so.
(5) The Board may conduct a postal vote on the special resolution.
(6) The special resolution is passed if more than 50% of the valid votes cast are in favour of it.
(7) The rules come into force when Part 3 comes into force.

6 Lodging of rules with Registrar

(1) If the rules are adopted under section 5, the Board must deliver to the Registrar a copy of the special resolution and a copy of the rules.
(2) If the Registrar is satisfied that the rules comply with section 6 of the Incorporated Societies Act 1908, the Registrar must, on payment of the fee prescribed for the incorporation of a society, retain and register the rules.

7 Election of officers

(1) As soon as practicable after the Registrar registers the rules under section 6(2), the Board must conduct an election in accordance with the rules, as if those rules were in force, to appoint the officers of the Foundation provided for in the rules.
(2) The persons who are entitled to vote on the special resolution under section 5(2)(a) and (b) are entitled to nominate candidates and vote in the election for persons to fill the positions referred to in the rules of the Foundation as "the General Seats".
(3) Every person who, immediately before the election is conducted, is a member of an Advisory Committee but is not entitled to nominate candidates and vote under subsection (2) is entitled to nominate candidates and vote in the election for the person to fill the position referred to in the rules of the Foundation as "the Associates' Seat".

Part 3: Royal New Zealand Foundation of the Blind

8 Constitution of Foundation

(1) There is a Foundation called the Royal New Zealand Foundation of the Blind.
(2) The Foundation is a body corporate with perpetual succession.
(3) The Foundation is the same body as the body known as the Royal New Zealand Foundation for the Blind existing immediately before the commencement of this Part under the Royal New Zealand Foundation for the Blind Act 1963.
(4) Without limiting subsection (3),
(a) the rights, obligations, and liabilities (including fiduciary rights, obligations, and liabilities) of the Foundation are not affected by the commencement of this Part; and
(b) all property, and all trust property, belonging to or vested in the Royal New Zealand Foundation for the Blind immediately before the commencement of this Part continues to belong to or be vested in the Royal New Zealand Foundation of the Blind on and after the commencement of this Part; and
(c) all actions, arbitrations, and other proceedings that are pending immediately before the commencement of this Part by or against the Royal New Zealand Foundation for the Blind may be continued in the same manner by the Royal New Zealand Foundation of the Blind on and after the commencement of this Part; and
(d) every reference in any enactment, will, trust deed, instrument, register, record, notice, security, document, communication, or other place to the Royal New Zealand Foundation for the Blind, whether before, on, or after the commencement of this Part, must be read as a reference to the Royal New Zealand Foundation of the Blind.

9 Objects of Foundation are charitable

The objects of the Foundation are charitable.

10 Objects

The objects of the Foundation are
(a) to promote and provide for the independence, integration, enablement, and well-being of blind and vision impaired people in New Zealand society
(b) to provide, co-ordinate, and facilitate the provision of services, programmes, and activities in the fields of, and in relation to, the education, training, rehabilitation, recreation, equalisation of opportunities, enablement, support, assistance, and well-being of blind and vision impaired people
(c) to promote and encourage, by education, publicity, and otherwise, respect for, and observance of, the full human and civic rights of blind and vision impaired people
(d) to promote and encourage the creation of a New Zealand society accessible to, and inclusive of, blind and vision impaired people so that they are able to live, work, and participate in all aspects of community life as valued and equal citizens
(e) to promote and encourage a positive attitude towards blindness and vision impairment, not only amongst the public but also amongst blind and vision impaired people
(f) to encourage and assist blind and vision impaired people to achieve personal independence and to realise their full potential in, and for the benefit of, society
(g) to encourage and assist blind and vision impaired people with additional disabilities to live useful and dignified lives according to their personal choice
(h) to promote equal opportunities for blind and vision impaired people and their ability to enjoy and exercise the same fundamental rights, privileges, and responsibilities as all other New Zealanders
(i) to promote and encourage the elimination of barriers to the dignified participation and use by blind and vision impaired people in, and of, mainstream activities, structures and facilities, and to social and physical environments which preserve and enable personal integrity and choice and which recognise the value and contribution of all citizens
(j) to promote and encourage open and convenient access and use by blind and vision impaired people to, and of, all programmes, services, buildings, and facilities designed or intended for public use including transportation, information and telecommunications, education, work, training opportunities, and creative leisure
(k) to promote and encourage the creation of opportunities for blind and vision impaired people to contribute to the economic, social, political, and cultural life of the community
(l) to assist State and civic agencies to fulfil their obligations to blind and vision impaired people as full citizens
(m) to consult and co-operate with other persons and organisations concerned with the well-being of blind and vision impaired people and the prevention, treatment, amelioration, or cure of blindness or vision impairment
(n) to promote and encourage programmes that help in raising the awareness, and minimise the incidence, of preventable blindness
(o) to give particular recognition to the principles of the Treaty of Waitangi and their application to the governance and services of the Foundation:
(p) to do all such other things as are incidental or conducive to the attainment of any of the objects set out in paragraphs (a) to (o).

11 Application of Incorporated Societies Act 1908

(1) Subject to this Act, the Incorporated Societies Act 1908 applies:
(a) to the Foundation as if the Foundation were an incorporated society; and
(b) to the members and officers of the Foundation as if they were members and officers, respectively, of an incorporated society.
(2) For the purposes of the Incorporated Societies Act 1908,
(a) the rules lodged with the Registrar under section 6 are the rules of the Foundation; and
(b) the Officers of the Foundation are appointed from time to time under the rules.
(3) The Foundation may alter or add to the rules in accordance with the Incorporated Societies Act 1908.

12 Members of Foundation

(1) On the commencement of this Part, each of the following persons becomes a member of the Foundation of the class referred to in the rules of the Foundation as a "Full Member":
(a) every blind person who, immediately before the commencement of this Part, is registered with the Foundation to receive services from the Foundation and who is of or over the age of 16 years:
(b) in the case of each blind person who, immediately before the commencement of this Part, is registered with the Foundation to receive services from the Foundation and who is under the age of 16 years, 1 parent or guardian of that blind person.
(2) For the purposes of subsection (1)(b), the Foundation may, in its discretion, determine any question that arises concerning which parent or guardian becomes a member of the Foundation.
(3) On the commencement of this Part, every person who is a member of an Advisory Committee, but who does not qualify to be a Full Member under subsection (1), becomes a member of the Foundation of the class referred to in the rules of the Foundation as an "Associate Member".
(4) After the commencement of this Part, a person becomes a member, or ceases to be a member, in accordance with the rules.

13 Transitional provisions

On the commencement of this Part,
(a) every Trustee of the Foundation vacates his or her office, except for the purpose of performing his or her obligations under section 14; and
(b) the following are disestablished and abolished:
(i) every Electing Committee appointed under section 7 of the Royal New Zealand Foundation for the Blind Act 1963:
(ii) every Advisory Committee:
(iii) every Executive Committee and every Special Committee established under section 28 of that Act:
(iv) every Appeal Board appointed under section 22 of that Act; and
(c) all bylaws in effect under section 27 of the Royal New Zealand Foundation for the Blind Act 1963 are revoked.

14 Financial statements of Royal New Zealand Foundation for the Blind

(1) The Trustees must, as soon as practicable, cause to be prepared financial statements of the Royal New Zealand Foundation for the Blind for the period beginning from the balance date of the most recent audited financial statements of the Foundation and ending immediately before this Part comes into force.
(2) The financial statements must be audited by the Auditor-General.
(3) The Trustees must, as soon as practicable after the financial statements have been audited, send a copy of the statements, together with a copy of the report of the Auditor-General on those statements, to the Minister of Education.
(4) The Minister of Education must present a copy of the financial statements, together with a copy of the report of the Auditor- General on those statements, to the House of Representatives as soon as practicable after their receipt by the Minister.

Part 4: Conversion to incorporated society

15 Foundation may decide to be registered as incorporated society

The members of the Foundation may, by resolution passed in accordance with the rules, decide to apply to be registered as an incorporated society under the Incorporated Societies Act 1908.

16 Application for registration

The Foundation may deliver to the Registrar a copy of the Foundation's resolution and an application for incorporation in accordance with section 7 of the Incorporated Societies Act 1908.

17 Registrar to register Foundation as incorporated society

If the Registrar is satisfied that those documents comply with the requirements for registration and with this Act, he or she must, on payment of the fee prescribed for the incorporation of a society, register the society under section 8 of the Incorporated Societies Act 1908.

18 Undertaking of Foundation belongs to society

On the registration of the society, the undertaking of the Foundation belongs to, and vests in, the society.

19 Status of contracts and other instruments

(1) This section applies to contracts, agreements, guarantees, conveyances, deeds, leases, licences, and other instruments, undertakings, and notices (whether in writing or not), entered into by, made with, given to or by, or addressed to the Foundation (whether alone or with another person) before the registration of the society and subsisting immediately before registration.
(2) The instruments to which this section applies are, on and after the registration of the society, binding on, and enforceable by, against, or in favour of, the society as if the society and not the Foundation had been the person by whom they were entered into, with whom they were made, or to or by whom they were given or addressed.

20 References to Foundation in existing instruments

A reference (express or implied) to the Foundation in an instrument made, given, passed, or executed before the registration of the society is a reference to the society on and after the registration of the society.

21 Continuation of legal and other proceedings

(1) An action, arbitration, proceeding, or a cause of action that was pending or that existed by, against, or in favour of, the Foundation or to which the Foundation was a party before the registration of the society may, on and after the registration of the society, be continued and enforced by, against, or in favour of, the society on and after the registration of the society.
(2) It is not necessary to amend an application, notice, or other document to do so.

22 Effect of this Act and things done under it

Nothing in this Act and nothing done under this Act
(a) places the Foundation, the society, or any other person in breach of contract or confidence or makes any of them liable for a civil wrong; or
(b) entitles a person to terminate or cancel a contract or arrangement or to accelerate the performance of an obligation; or
(c) places the Foundation, the society, or any other person in breach of an enactment, a rule of law, or a provision of a contract that prohibits, restricts, or regulates the assignment or transfer of property or the disclosure of information; or
(d) releases a surety from an obligation; or
(e) invalidates or discharges a contract or security.

23 Employees

(1) On the registration of the society, each employee of the Foundation becomes an employee of the society.
(2) For the purposes of an enactment, rule of law, contract, or agreement relating to the employee, the contract of employment of the employee must be treated as unbroken and a period of service with the Foundation must be treated as a period of service with the society.
(3) The terms and conditions of employment of the employee must remain the same as the terms and conditions of his or her employment with the Foundation immediately before the registration of the society, but they may be varied in the same manner.
(4) An employee is not entitled to receive a payment or benefit because he or she has, as a result solely of this Act, ceased to be an employee of the Foundation.
(5) This section applies despite anything else in this Act.

24 Taxes and duties

For the purposes of the Inland Revenue Acts (as that term is defined in section 3 of the Tax Administration Act 1994),
(a) the Foundation and the society are the same person; and
(b) a transaction entered into by, and an act of, the Foundation must be treated
(i) as having been entered into by, or as an act of, the society; and
(ii) as having been entered into, or performed by, the society at the time it was entered into, or performed by, the Foundation.

Part 5: Miscellaneous provisions

25 Protection of name

(1) No company or other body may be incorporated or registered under a name that contains the words "Royal New Zealand Foundation of the Blind", or under any name that, in the opinion of the Registrar of Companies, or the appropriate registering authority within the meaning of section 2 of the Flags, Emblems, and Names Protection Act 1981, so resembles such a name as to be likely to deceive.
(2) Nothing in this section applies to the Foundation or to any person acting on behalf of the Foundation.

26 No Crown liability

The Crown is not liable to contribute towards the payment or satisfaction of any debts or liabilities of the Foundation on incorporation.

27 Repeals

(1) The Royal New Zealand Foundation for the Blind Act 1963 is repealed.
(2) Parts 2 and 3 are repealed.

28 Consequential amendments

(1) The enactments specified in Schedule 1 are amended in the manner indicated in that schedule.
(2) The regulations specified in Schedule 2 are amended in the manner indicated in that schedule.

Schedule 1: Enactments amended

Conservation Act 1987 (1987 No 65)

Omit from the definition of guide dog in section 2(1) the words "Royal New Zealand Foundation for the Blind", and substitute the words "Royal New Zealand Foundation of the Blind".

Disabled Persons Community Welfare Act 1975 (1975 No 122)

Insert in section 18(5), after the words "Royal New Zealand
Foundation for the Blind Act 1963", the words "or the Royal New Zealand Foundation of the Blind constituted under the Royal New Zealand Foundation of the Blind Act 2002".

Dog Control Act 1996 (1996 No 13)

Omit from the definition of guide dog in section 2 the words "Royal New Zealand Foundation for the Blind", and substitute the words "Royal New Zealand Foundation of the Blind".

Finance Act (No 2) 1952 (1952 No 81)

Repeal section 20 and substitute:
"20 Donations by local authorities and public bodies to Royal New Zealand Foundation of the Blind
It is lawful and is deemed to have been lawful for any local authority or public body to expend money out of its general fund or account for the purpose of making contributions to the Royal New Zealand Foundation of the Blind."

Local Authorities (Members Interests) Act 1968 (1968 No 147)

Omit from Part II of the First Schedule the item relating to the Royal New Zealand Foundation for the Blind.

Local Government (Rating) Act 2002 (2002 No 6)

Omit from clause 5(e) of Part 1 of Schedule 1 the words "Royal New Zealand Foundation for the Blind", and substitute the words "Royal New Zealand Foundation of the Blind".

National Parks Act 1980 (1980 No 66)

Omit from the definition of guide dog in section 2 the words "Royal New Zealand Foundation for the Blind", and substitute the words "Royal New Zealand Foundation of the Blind".

Public Audit Act 2001 (2001 No 10)

Omit from Schedule 2 the words "Royal New Zealand Foundation for the Blind".

Rating Powers Act 1988 (1988 No 97)

Omit from clause 8 of Part 2 of the First Schedule the words "Royal New Zealand Foundation for the Blind", and substitute the words "Royal New Zealand Foundation of the Blind".

Schedule 2: Regulations amended

Copyright (General Matters) Regulations 1995 (SR 1995/146)

Revoke regulation 5(c) and substitute:
"(c) the Royal New Zealand Foundation of the Blind constituted under the Royal New Zealand Foundation of the Blind Act 2002:".

Health (Hairdressers) Regulations 1980 (SR 1980/143)

Omit from regulation 5(1) the words "Royal New Zealand Foundation for the Blind" and substitute the words "Royal New Zealand Foundation of the Blind".

New Zealand Railways Corporation (General) Regulations 1982 (SR 1982/47)

Revoke the definition of guide dog in regulation 2(1) and substitute:
"guide dog means a dog certified by the Royal New Zealand Foundation of the Blind as being a trained guide dog of quiet disposition".

Legislative history

16 April 2002 Introduction (Bill 209Ð1)
24 April 2002 First reading and referral to Education and Science Committee
25 November 2002 Reported from Education and Science Committee (Bill 209Ð2)
4 December 2002 Second reading, third reading Wellington, New Zealand: Published under the authority of the New Zealand Government 2002 private assent 3 13-DEC-02