Regulations for Tokoroa Rural Fire Committee




  1. The Tokoroa Rural Fire Committee shall be a body corporate
    having perpetual succession and a common seal, with power to
    make, alter, and renew the same, and with power to purchase,
    take, or hire or otherwise acquire, hold, transfer, and lease property,
    real and personal, to sue and be sued in any Court, and to do and
    suffer all that bodies corporate may lawfully do and suffer.

MEMBERS

  1. (1) The Committee shall consist of nine members, who
    shall be appointed in the following manner:—

(a) Five members shall be appointed by N.Z. Forest Products,
Limited, by writing signed on behalf of that company
by one director and the secretary thereof. In the event
of any member of the Committee appointed as aforesaid
ceasing to hold office under Regulation 7 hereof, the said
company shall be entitled to fill up the vacancy, subject,
nevertheless, to the provisions of Regulation 9 (2) hereof:
(b) One member (herein referred to as the remaining forest
owners' representative) shall be appointed either by a
resolution passed by a majority of those present at a
meeting of owners (other than N.Z. Forest Products,
Limited) of forests situated within the district, or by a
majority vote by ballot of those present at such a meeting,
as those so present by resolution determine:
(c) One member (herein referred to as the sawmillers' repre-
sentative) shall be appointed either by a resolution
passed by a majority of those present at a meeting of
sawmill or logging proprietors carrying on business as
such within the district, or by a majority vote by ballot
of those present at such a meeting, as those so present
by resolution determine:
(d) One member (herein referred to as the farmers' representa-
tive) shall be appointed either by a resolution passed by
a majority of farmers present at a meeting of farmers, or
by a majority vote by ballot of those present at such
a meeting, as those so present by resolution determine:
(e) One member (herein referred to as the Government repre-
sentative) who may be the holder of a specified office
in the Public Service shall be appointed by the Minister
as representative of the New Zealand Government.

(2) In connection with the appointments to be made pursuant
to paragraphs (b), (c), and (d) of subclause 1 of this regulation, the
mode of voting shall be as follows:—

(a) A company or other corporate body entitled to be present
and vote at any meeting aforesaid may be present and
vote by any director, officer, or servant of that company
or corporate body; and his authority to be so present
and vote shall be conclusively established by the
production by him to the Returning Officer of an
authority in writing in that behalf signed by some
person purporting to be a director, secretary, or manager
of such company or body corporate:
(b) In the case of partners, joint tenants, or tenants in common,
one only of such partners, joint tenants, or tenants
in common (as the case may be), shall be entitled to
vote; and if more than one be present at a meeting
held under subclause (1) of this regulation they shall
agree among themselves which of them shall vote, and
failing such agreement the matter shall be determined
by the Returning Officer by lot.
(c) Subject to the foregoing provisions of this subclause, every
person entitled to vote shall both on a resolution and
on a ballot have one vote.

  1. (1) The Secretary of N.Z. Forest Products, Limited, shall
    be the Returning Officer for the first appointment of the remaining
    forest owners' representative, the sawmillers' representative, and
    the farmers' representative, and shall convene such meetings,
    conduct such ballots, and take such other steps as may be required
    for the first appointments, and shall also convene the first meeting
    of the Committee. Thereafter, the Secretary of the Committee shall
    be the Returning Officer.

(2) A Returning Officer acting under subclause (1) of this
regulation shall have power, without limitation to the generality
of the powers and authorities vested in him thereby, to do and
perform all or any of the following acts, matters, and things:—

(a) He may convene any meeting by notice published once
in some newspaper circulating within the district, or
in such other manner as he may think fit, and may fix
the time and place of such meeting:
(b) He may determine what persons are competent to vote
on any resolution or ballot for the appointment of any
representative or class of representative, and may act
on such evidence as to ownership, title, existence of
partnership or co-tenancy, and other matters as he thinks
sufficient:
(c) He may regulate the procedure at any meeting, appoint
scrutineers, and generally do all such things as he may
think proper or expedient for carrying out the objects
of the meeting:
(d) He may make and keep such minutes, records, voting
lists, and other material as he thinks proper.

(3) A Returning Officer shall be entitled to be indemnified out
of the funds of the Committee against all costs, charges, and
expenses incurred by him in and about carrying out the duties
and powers imposed or conferred upon him under these regulations.
(4) The decision and determination of the Returning Officer
in all matters falling within the scope of his duties and powers
aforesaid shall be final and conclusive.

  1. Every person appointed as a Government representative
    under Regulation 3 hereof shall hold office during the pleasure of
    the Minister, and every such appointment shall be made by no-
    tification published in the Gazette, and shall take effect on the date
    of notification or such later date as may be stated therein.

  2. Subject to Regulation 5 hereof and to the provisions of
    these regulations as to resignation and forfeiture of office, a member
    shall hold office for five years commencing from the date of his
    appointment, and thereafter until his successor has been appointed.
    A retiring member shall be eligible for reappointment.

  3. The office of a member of the Committee shall become
    vacant and the vacancy shall be deemed to be a casual vacancy
    if the member—

(a) Dies ; or
(b) Resigns his office by writing under his hand delivered to
the Secretary or Chairman of the Committee ; or
(c) Becomes a bankrupt or makes any composition with his
creditors for less than twenty shillings in the pound or
makes an assignment of his estate for the benefit of his
creditors ; or
(d) Becomes of unsound mind ; or
(e) Is convicted on indictment or is sentenced by the Supreme
Court on a plea of “guilty” to any charge of an indict-
able offence, or is sentenced by any Court for any offence
to imprisonment without the option of a fine or to
reformative detention under any Act ; or
(f) Is absent without leave from three consecutive meetings of
the Committee ; or
(g) Acts in contravention of Regulation 8 hereof ; or
(h) Being a director, officer, or servant of an incorporated
company which has taken part in his appointment to
the Committee ceases to hold office or employment
under that company.

  1. A member of the Committee shall not vote or take part in
    the discussion of any matter before the Committee in which he may
    receive remuneration from the Committee in the terms of any
    contract or as salary or wages, or as the rent or hire of property or
    equipment.

  2. (1) Every casual vacancy shall be filled by the appointment
    by the Committee of some fit person representing the interest affected
    to the Committee for the residue of the term for which the member
    whose office has become vacant was appointed:

Provided always that in the case of an appointment to fill a
casual vacancy in the office of the Government representative on
the Committee, the appointment shall be made by the Minister ;
and, provided further, that if the member whose office has become
vacant was at the time of his appointment to the Committee a
director, officer, or servant of an incorporated company which
took part in his appointment, the casual vacancy shall be filled
by an appointment made by that company and not by the
Committee:

(2) In any case where a casual vacancy has not been filled
within a period of three months, the Minister may appoint to the
Committee some fit person to represent the interest affected for the
residue of the term for which the member whose office has become
vacant was appointed.

  1. The powers of the Committee shall not be affected by any
    vacancy in the membership thereof, nor shall the proceedings of
    the Committee be invalidated by reason only of the subsequent
    discovery that some defect existed in the appointment of any
    member or that any person acting as a member was not validly
    a member thereof.

MEETINGS

  1. The Committee shall meet for the despatch of business at
    such time and place as it may appoint, and a meeting may be
    summoned at any time by the Chairman.

  2. The Minister may direct a meeting to be convened at any
    time, and thereupon a meeting shall be so held.

  3. (1) The first meeting of the Committee shall be held at a
    time and place to be appointed in that behalf by the Secretary of
    N.Z. Forest Products, Limited.

(2) At the first meeting the Committee shall appoint one of
its members to be Chairman.

(3) The Chairman shall preside at every meeting of the Com-
mittee at which he is present. In the absence of the Chairman
from any meeting of the Committee the members present shall
select one of their number to be the Chairman of that meeting.

(4) Subject to the provisions of these regulations, the Committee
may make such arrangements as it thinks fit for the holding of its
meetings, the procedure thereat, and generally for the conduct
of its business and the exercise of its functions.

(5) At all meetings of the Committee five members shall form
a quorum, and no business shall be transacted at any meeting unless
a quorum is present.

(6) The Chairman at any meeting of the Committee may exer-
cise a deliberative vote, and, in the case of an equality of votes, a
casting vote.

(7) If any member of the Committee is unable to attend any
meeting of the Committee, he may, by writing under his hand or by
telegram or by notification by telephone to the Secretary of the
Committee, appoint any person to attend that meeting in his stead,
and that person shall for all the purposes of that meeting have the
same rights and privileges as his appointor would have been capable
of exercising and enjoying had he been personally present thereat.



Next Page →

PDF embedding disabled (Crown copyright)

View this page online at:


VUW Te Waharoa PDF NZ Gazette 1948, No 59


NZLII PDF NZ Gazette 1948, No 59





✨ LLM interpretation of page content

🏗️ Constitution of Tokoroa Rural Fire District (continued from previous page)

🏗️ Infrastructure & Public Works
Rural Fire District, Tokoroa, Forest and Rural Fires Act, Order in Council, Regulations, Committee, Membership, Meetings