✨ Dairy Factory Managers Regulations
432
THE NEW ZEALAND GAZETTE.
[No. 11
Terms defined by the Dairy-produce General Regulations, 1933, shall have the respective meanings assigned to them by those regulations.
- These regulations shall come into force on the 1st day of April, 1934.
MANAGERS OF CREAMERIES AND CHEESE-FACTORIES TO BE REGISTERED.
- After the expiration of three months from the date of coming into force of these regulations—
(a) No person who is not the holder of an appropriate certificate of registration for the time being in force under these regulations shall perform the duties of manager in respect of a manufacturing dairy registered as a creamery or a cheese-factory :
(b) No person shall employ or cause or permit to be employed as manager of a manufacturing dairy registered as a creamery or a cheese-factory any person who is not the holder of an appropriate certificate of registration for the time being in force under these regulations.
- Nothing in the last preceding clause shall be deemed to prohibit the performance by one or more persons not being the holder or holders of an appropriate certificate of the duties of manager in respect of any manufacturing dairy registered as a creamery or a cheese-factory or the employment of any such person as manager or managers for a period of more than thirty-one consecutive days or for periods aggregating more than forty-two days in any period of twelve months commencing on the 1st day of August where (in either case) such performance or employment is due to leave of absence or to the death, sickness, or removal of a person being the holder of an appropriate certificate and the inability of the owner of the manufacturing dairy in question to procure on reasonable terms the services of another person being the holder of an appropriate certificate :
Provided that the Board may, on application in that behalf by the owner of the manufacturing dairy in question, grant in writing an extension of the period of exemption provided in this clause for such period and on such terms and conditions as it thinks fit.
CONSTITUTION AND PROCEDURE OF DAIRY FACTORY MANAGERS REGISTRATION BOARD.
- (1) There is hereby established a Board to be known as the Dairy Factory Managers Registration Board (hereinafter referred to as “the Board”).
(2) The Board shall consist of eight persons, who shall be appointed by the Minister, as follows :—
(a) Two persons, who shall be dairy company directors, on the recommendation of the New Zealand Dairy-produce Control Board :
(b) Two persons, who shall be members of the New Zealand Dairy Factory Managers’ Association, on the recommendation of the said Association :
(c) One person, who shall be a member of the Otago and Southland Factory Managers’ Union, on the recommendation of the said union :
(d) One person, who shall be a member of the staff of the Massey Agricultural College, on the recommendation of the Massey Agricultural College Council :
(e) Two persons, who shall be members of the staff of the Department of Agriculture.
(3) The appointment of any person by the Minister in any capacity described in the instrument of appointment shall be conclusive evidence that such person enjoys the qualification required by subclause (2) of this clause for appointment in that capacity.
(4) If during his term of office any member ceases to enjoy the qualification by virtue of which he was appointed to the Board his membership of the Board shall not be affected thereby until he is removed from office by the Minister.
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No act or proceeding of the Board or of any person acting as Chairman or other member of the Board shall be invalidated in consequence of there being a vacancy in the number of the Board at the time of such act or proceeding or of the fact that there was some defect in the appointment of any person so acting or that he was incapable of being such Chairman or other member.
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Of the members of the Board one member to be named by the Minister shall be Chairman.
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With respect to the first members of the Board the following provisions shall apply :—
(a) One member appointed pursuant to each of the paragraphs (a), (b), and (e) of subclause (2) of clause 6 hereof and the member appointed pursuant to paragraph (c) of the said subclause shall retire on the 31st day of August, 1935, and the remaining members shall retire on the 31st day of August, 1936.
(b) The members so to retire on the 31st day of August, 1935, shall in the absence of agreement where necessary be determined by the Board by lot.
(c) Any member retiring as aforesaid shall be eligible for reappointment to the Board.
- (1) Save as provided in the last preceding clause hereof, every member of the Board shall, subject to the provisions of this clause, be appointed for a term of two years, but may from time to time be reappointed, or may be at any time removed from office by the Minister in his discretion by notice in writing under his hand on the ground of disability, insolvency, neglect of duty, or misconduct, or on the ground that he no longer enjoys the qualification by virtue of which he was appointed to the Board, or may at any time resign his office by writing addressed to the Minister.
(2) If any member of the Board dies, resigns, or otherwise vacates his office, his office shall become vacant, and the vacancy so created shall, within two months after the occurrence thereof, be filled in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall (subject to removal under the last preceding subclause hereof) hold office for the residue of the term for which his predecessor was appointed.
- (1) The first meeting of the Board shall be held at such time, and at such place, as may be determined in that behalf by the Minister.
(2) Subsequent meetings of the Board shall be held at such times and places as the Board shall from time to time appoint.
(3) At every meeting of the Board four members shall constitute a quorum, and no business shall be transacted at any meeting unless a quorum is present.
(4) In the absence of the Chairman from any meeting of the Board the members present thereat shall choose one of their number to be Chairman of that meeting. At every meeting of the Board the Chairman shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting-vote.
(5) Every question before the Board shall be determined by a majority of the votes of the members present at a meeting of the Board.
(6) A special meeting of the Board may be demanded at any time by notice in writing in that behalf signed by the Chairman or any four members thereof and sent to the Registrar, who shall thereupon convene the meeting.
- Subject to the provisions of these regulations, the Board may from time to time, by standing orders or otherwise, make such provision as it thinks fit for the conduct of its proceedings and business.
FUNCTIONS OF BOARD.
- The functions of the Board shall be—
(a) To receive applications for registration under these regulations and to authorize registration in cases where the conditions of registration have been complied with :
(b) To direct the removal of names from the register in accordance with these regulations :
(c) Generally, within the scope of its authority, to do whatever in its opinion may be necessary for the effective administration of these regulations.
THE REGISTER.
- (1) The Public Service Commissioner shall appoint an officer of the Public Service to be called the Registrar of Dairy Factory Managers. Such office may be held concurrently with any other office.
(2) The Registrar shall keep in his office a Register of Dairy Factory Managers in which shall be entered the name and address of every person registered under these regulations, the qualifications by virtue of which he is so registered, the class of certificate to which he is entitled, and the further particulars indicated in the form of register hereinafter mentioned.
(3) The register shall be kept in accordance with form numbered 1 in the Schedule hereto.
(4) In the column of the register headed “Qualification for Registration” it shall be sufficient to insert “16 (a)” or “16 (b)” according as the person concerned is deemed by the Board to be qualified under paragraph (a) or paragraph (b) of clause 16 of these regulations.
(5) In the column of the register headed “Class of Certificate” there shall be inserted the word or words “creamery,” “cheese-factory,” or “creamery and cheese-factory” (or any convenient abbreviations of those words) according to the determination of the Board under clauses 17 and 18 of these regulations.
(6) No entry in the register of the name or class of certificate of any person and no removal of any name from the register or entry of class of certificate shall be made by the
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VUW Te Waharoa —
NZ Gazette 1934, No 11
NZLII —
NZ Gazette 1934, No 11
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Dairy Factory Managers Regulations 1934
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🌾 Primary Industries & Resources12 February 1934
Dairy Industry, Regulations, Factory Managers, Registration