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Gambling Act 2003

Institutions - New Zealand Lottery Grants Board - Applications for grants

285: Secretary is corporation sole for certain purposes

You could also call this:

"The Secretary can act like a company for some things, like buying property and signing important documents."

When you are dealing with applications for grants under the Gambling Act 2003, the Secretary is treated as a single corporation for some purposes. This means the Secretary can act like a company and do things that companies can do, such as buying and selling property, and taking people to court or being taken to court. The Secretary has a special seal that is used to confirm important documents, and this seal can only be used when the Secretary or an authorised officer is present.

The Secretary's corporation can do many things that a normal company can do, as stated in section 284(2). This includes acquiring, holding, and disposing of real and personal property, and doing all the things that a body corporate can do. The corporation's seal is an important part of this process.

If the corporation's seal is on a document, you can be sure it is official, and courts will accept it as genuine unless someone can prove otherwise. Courts must recognise the seal and assume it was properly attached to the document, as stated in section 284(2), unless someone proves that it was not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM210207.

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Money and consumer rights > GamblingGovernment and voting > Government departments
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Part 3Institutions
New Zealand Lottery Grants Board: Applications for grants

285Secretary is corporation sole for certain purposes

  1. For the purposes of section 284(2), the Secretary, where acting on behalf of a distribution committee, is incorporated as a corporation sole with perpetual succession and a seal of office.

  2. The corporation is capable of suing and being sued and, for the purposes of section 284(2), may acquire, hold, and dispose of real and personal property and do and suffer all acts and things that a body corporate may do and suffer.

  3. The seal of the corporation may not be affixed to any instrument or document except in the presence of the Secretary, or an officer of the Department for the time being authorised by the Secretary for the purpose of this section, who must attest by his or her signature the fact and date of the affixing of the seal.

  4. All courts and persons acting judicially must—

  5. take judicial notice of the seal of the corporation that has been affixed to any instrument or document; and
    1. until the contrary is proved, presume that the seal was properly affixed.

      Compare
      • 1977 No 84 s 116T