THE NEW ZEALAND INSTITUTE ACT, 1867.

Evening Star, Volume VII, Issue 1926, 8 July 1869, Page 3

THE NEW ZEALAND INSTITUTE ACT, 1867.

A SYNOPSIS, The Preamble sets forth that “it is expedient ... to establish and incorporate a Public Institute in the City of Wellington, to be called ‘the New Zealand Institute,’ which Institute shall comprise a Public Museum and Laboratory, and a Public Library,” &c,, &c. Section I. simply sets forth the short title. Section 11. empowers the Governor in Cobncil “ to appoint a fit and proper person to superintend and carry out the geological survey of the Colony, and also to superin - tend the formation, establishment, and management of a Public Museum and Laboratory, to form part of the Institution hereinafter mentioned,” salary of person so appointed not to exceed.Lßoo per annum. Section 111. gives to the “ Governor,” but whether ‘ in Council” or not is not stated, a like power with regard to appointment of other persons “ to assist.” Section IY. provides that the superintendent or his assistants may be required by “ the Governor ” to perform similar services as regards formation, &c., in connection with “ any museum or laboratory intended to be established by any Society incorporated wr hj the Institution,” &c. ; but “travelling and other expenses ” must in all cases be paid by the Ip,cal Society, and “as nearly as possible bie paid in advance.” Section V. makes the first Board of Governors to consist of the Governor, Colonial Secretary, Superintendent of Wellington, and ‘ ‘ six other persons to be appointed ” by the Governor, and adds that they, together with “ the members for the rime being of all and every society or societies hereafter to be incorporated with the said Institute . . . shall be, aud they are hereby declared to be one body corporate and politic, in deed, name, and law, by the name of the New Zealand Institute.”

This being the case, does not property of each part go to make one whole, over which the Board of Governors alone have control ? • Section VI. provides that on the Ist of November in each year three members of the Board must retire, but in no case must the Governor, the Colonial Secretary, or the Superintendent of Wellington, be of that number. The three must therefore come out of the “ six other persons” appointed by the Governor, by virtue of Section V. The point as to which particular “three” is to retire is made to depend upon the question of “who shall have been present the least number of times” at the meetings of the Board. This being the case, what possible chance is there of a Society situated at a distance for “ Wellington” being fairly represented ?

Section VII. provides that so long as not more than three Societies are incorporated, each of the three shall hare power to elect one Governor. The case would then stand thug :—three permanent residents of Wellington (Governor, Colonial Secretary, and Superintendent); three nominated by Government (two of whom would in all probability be also Wellington men); and three elected by the incorporated Societies—one of which is a Wellington Society, and as a matter of course, wouled elect “a local man.” But the clause further provides (hat if the number of Societies exceeds three (which is already the case), then they shall no longer have the power to elect one Governor each, but simply each one “to appoint one of its members to vote in the election of Governors, and the several members so appointed shall elect three from among themselves, to be members of the Board of Governors during the ensuing year j” and hence it follows that the greater the number of the incorporated societies, the less they are’ to be collectively and individually represented in the governing body. For it is evident that even if there were to he forty incorporated Societies, instead of. four as at present, they would ■imply have power each to elect one of their number “to vote” for its particular share of the three representatives of the forty societies. So, without any election at all, Wellington would secure three perpetual members of the Board, and (»tago the right “to vote” for a voter ! Moreover it should be borne in mind that in all probability the three m> mbers to be m elected will almost (availably be just the"'three that would, by reason of distance, have attended meetings of the Board the “least number of times,” and so would have year by year to retire,

and so for all practical purposes leave » pW' manent “ Board of Governors ” located at Wellington, with now and then a stray representative from distant Societies. Section VIII is as follows; Any Branch Society may cease to be incorporated with the Institute by not electing any Governor?, pursuant to Section VII of this Act.” This is really not so bad, considering that neither Section VII, nor any other section of the Act, ever gave the power to Branch Societies to elect “ any Governors but simply, and at the very most, a Governor, and even that right is made to depend upon there not being more than “ three incorporated Societies. Again is “ may cease ” to be read as supplying the means by which an incorporated Society, if so minded, “ may ” voluntarily sever the connection ; or that any Society failing to comply with the requirements of the Act, “ may ” by |the parent Society, be cut off? lu either case what becomes of the dismembered Society’s property ! ( To he continued.)