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THE NEW ZEALAND GAZETTE.
[No. 21

Post Office Savings-bank Amending Regulations, 1935.

GALWAY, Governor-General.
ORDER IN COUNCIL.

At the Government House at Wellington, this 4th day of March, 1936.

Present:

His Excellency the Governor-General in Council.

Pursuant to the Post and Telegraph Act, 1928, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, doth hereby make the following regulations.

REGULATIONS.

1. These regulations may be cited as the Post Office Savings-bank Amending Regulations, 1935.

2. These regulations shall be read together with and be deemed to form part of the Post Office Savings-bank Regulations, 1913, made under the Post and Telegraph Act, 1908, and ensuing under the Post and Telegraph Act, 1928 (hereinafter called “the principal regulations”).

3. These regulations shall come into force on the date of the publication hereof in the Gazette.

4. Regulations 22 and 44 of the principal regulations are hereby amended by deleting the words “Controller of Post Office Savings-bank” wherever they appear in such regulations, and substituting the words “Director of Accounts.”

5. Regulations 13 and 14 of the principal regulations are hereby revoked, and the following regulation is substituted:—

“13. (1) Deposits may be made for the credit of any institution (not being a body corporate) of the following classes:—
“(a) A savings-bank established under the Savings-bank Act, 1908;
“(b) A society registered under the Building Societies Act, 1908, or Friendly Societies Act, 1909;
“(c) A society registered under the Trade-unions Act, 1908, or the Industrial Conciliation and Arbitration Act, 1925, or the Coal-mines Act, 1925;
“(d) An Education Board or a school committee established under the Education Act, 1914;
“(e) Such other body or society or class of bodies or societies not carried on for purposes of trade or profit as the Governor-General in Council from time to time specifies:
“Provided that no account shall be opened in the name of any institution of the classes aforesaid if an account is in existence opened by the trustees of such institution under the next succeeding clause of this regulation.

“(2) Deposits may be made for the credit of the trustees of any institution of the classes aforesaid:
“Provided that no account shall be opened by the trustees of such institution if an account is in existence opened by such institution under the last preceding clause of this regulation.

“(3) Deposits may be made for the credit of any corporate body not carried on for purposes of trade or profit:
“Provided that the Postmaster-General may exclude any corporate body from the provisions of this regulation if in his opinion the nature of its activities makes it undesirable that it should enjoy the benefit of being a depositor in the Post Office Savings-bank.”

6. Regulation 21 of the principal regulations is hereby revoked, and the following regulation substituted:—

“21. (1) Before a first deposit is made by an institution of any of the classes set out in Regulation 13 hereof, there shall be forwarded to the Postmaster-General a printed or typewritten copy of the rules of the institution verified by the certificate of a responsible officer thereof or by statutory declaration, or in such manner as the Postmaster-General may in his discretion require.

“(2) A copy of any alteration made from time to time in the rules of the institution shall forthwith be forwarded to the Postmaster-General and be verified as aforesaid.”

7. Regulations 30 and 31 of the principal regulations are hereby revoked, and the following regulations substituted:—

“30. (1) This regulation applies to an application to withdraw money deposited in the name of any institution of the classes set out in Regulation 13.

“(2) If the rules of the institution make provision to the effect that money in a bank account belonging to the institution may be withdrawn by persons (being not less than two in number) holding specified offices in the institution, then such application may be made by any persons for the time being holding such offices.

“(3) If the rules of the institution make provision to the effect that money in a bank account belonging to the institution may be withdrawn by persons appointed for that purpose in manner appointed by the rules, then such application may be made by the persons (not being less than two in number) so appointed.

“(4) In the absence of any such rules as aforesaid such application may be made by any persons (not being less than two in number) appointed from time to time for that purpose by a resolution of the institution or of the managing body thereof, or (if the institution be a corporate body), by an instrument under the common seal.

“(5) In the absence of any such rules or resolution as aforesaid an application to withdraw money deposited in the name of the institution shall be signed by the trustee or trustees (if there are not more than two trustees) of the institution for the time being, and if there are more than two trustees then by a majority of the trustees for the time being, and the persons so signing shall be deemed to be entitled to withdraw money so deposited.

“(6) The Postmaster-General may from time to time in his discretion require proof to his satisfaction by way of certificate from the chairman of a meeting, statutory declaration, and otherwise of the regularity of any election to office of an appointment of any person or of any instrument of appointment or other matter.

“(7) Every election and appointment of an officer or trustee of the institution appointed to withdraw moneys shall for the purposes of this regulation be deemed to continue in force until notice to the contrary is received by the Postmaster at the post-office where the account is kept.

“(8) The receipt of such persons as are according to the evidence for the time being in the hands of the Postmaster-General entitled to withdraw money deposited in the name of the institution shall be a good discharge to the Postmaster-General for any moneys so deposited.

“(9) The Postmaster-General may from time to time in his discretion require proof to his satisfaction of the identity of any person claiming to be entitled to withdraw money under this regulation, including verified specimens of the signature of such person.

“(10) The warrant issued on such application shall be made out in the names of the persons mentioned therein.

“(11) Notwithstanding the provisions of Regulation 32 and 32A, no person named in a warrant issued under this regulation shall be entitled to give any order or authority whether special or general for any other person to receive on his behalf the money specified in such warrant.

“31. (1) An application to withdraw moneys deposited for the credit of the trustees of any institution of the classes set out in clause (1) of Regulation 13 may be signed by the trustee or trustees (if there are not more than two trustees) of the institution for the time being, and if there are more than two trustees, then by a majority of the trustees for the time being, and the persons so signing shall be deemed to be entitled to withdraw money so deposited.

“(2) The clauses numbered respectively (6) to (11) of the last preceding regulation shall apply, mutatis mutandis, to the withdrawal of moneys under this regulation.

“31A. Any authorization, nomination, or appointment heretofore given under any regulation hereby revoked by an institution of the classes set out in Regulation 13 hereof, or by the trustees or officers of such institution relating to the withdrawal of moneys from an account in the Post Office Savings-bank, or relating to the persons authorized to effect such withdrawal, shall endure for the purposes of these regulations as if it had been given pursuant to Regulation 30 or Regulation 31 hereof as the case may require notwithstanding that it may not in all respects comply with the requirements of such last-mentioned regulation.

C. A. JEFFERY,
Clerk of the Executive Council.