Methodist Church of New Zealand Act 1911

Methodist Church of New Zealand Act 1911

Local Act1911 No 21
Date of assent28 October 1911

An Act to sanction the Constitution of the Conference of the Methodist Church of Australasia in New Zealand as an Independent Conference, to amend the Wesleyan Methodist Church Property Trust Act 1887, the Wesleyan Methodist Church Property Trust Act 1887 Amendment Act 1892, the Wesleyan Methodist Church Property Trust Act 1887 Further Amendment Act 1896, the Methodist Church of Australasia in New Zealand Act 1902, and for other Collateral Purposes.

  • Preamble

    WHEREAS the Methodist Church of Australasia in New Zealand is a branch of the Methodist Church of Australasia, and is governed by an Annual Conference which is itself subject to the General Conference of the Methodist Church of Australasia: And whereas the General Conference of the Methodist Church of Australasia held at Adelaide in the year nineteen hundred and ten unanimously consented to the constitution of the said Annual Conference of the Methodist Church of Australasia in New Zealand as an independent conference, with the powers mentioned in, and in accordance with and upon and subject to, a plan of independence which is fully set forth in the printed minutes of the said General Conference, subject to the consent of each of the Annual Conferences of the Methodist Church of Australasia—namely, the New South Wales Conference, the Victoria and Tasmania Conference, the South Australia Conference, the New Zealand Conference, the Queensland Conference, and the Western Australia Conference—and the sanction of the Parliament of each of the Australian States and New Zealand: And whereas each of the said Annual Conferences has agreed to the constitution of the said New Zealand Annual Conference as an independent conference aforesaid:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title
  • This Act may be cited as the Methodist Church of New Zealand Act 1911.

2 This Act incorporated with other Acts relating to the Wesleyan Methodist Church
3 Interpretation
  • In this Act the following terms shall have the meanings hereinafter assigned thereto respectively, unless inconsistent with the subject or content:—

    Australasian Church means the Methodist Church of Australasia in New Zealand

    General Conference means the General Conference of the Methodist Church of Australasia

    The plan of independence means the plan set forth as aforesaid in the printed minutes of the said General Conference of 1910

    The date of independence means the date fixed therefor by the President of the General Conference as hereinafter mentioned

    Book of Laws means the laws and regulations of the Methodist Church of Australia as published by the General Conference thereof in book form.

4 Constitution of Annual Conference cofirmed
  • The constitution of the Annual Conference of the New Zealand Church as an independent conference, with the powers contained in and in accordance with and upon and subject to the plan of independence hereinbefore referred to, is hereby sanctioned and confirmed.

5 President to determine date of independence
  • Upon the sanction of the Parliaments of each of the Australian States and New Zealand being obtained to the constitution of such independent conference as aforesaid, the President for the time being of the General Conference may, by writing under his hand, fix a date on which the independence of the Annual Conference of the New Zealand Church shall take effect.

6 Gazette notice to be conclusive evidence of independence, &c
  • A printed copy of the Government Gazette of the Dominion of New Zealand containing a notification fixing the date on which the independence of the Annual Conference of the New Zealand Church is to take effect, and purporting to be under the hand of the President for the time being of the said General Conference, shall be conclusive evidence in the Dominion of New Zealand of the fact of the constitution as aforesaid of such independent conference and of the date on which it is to take effect.

7 Book of Laws of Church
  • A printed copy of the latest edition of the Book of Laws of the Australasian Church, published by or under the authority of the General Conference and purporting on the face of it to be signed by the President for the time being of the General Conference, shall be taken and received in all legal and other proceedings before any Court of justice, or before any person having by law or consent of parties authority to hear, receive, and examine evidence, as prima facie evidence of the laws of the said Church for the time being, subject to any alterations thereof or additions thereto shown by the minutes of any General Conference of the said Church held after the publication of the latest edition of such Book of Laws.

8 The Methodist Church of New Zealand
  • From and after the date of independence, the New Zealand Church shall be denominated the Methodist Church of New Zealand, and shall cease to be governed by the General Conference, and the said Acts and the Model Deed hereinafter mentioned, and all statutes, wills, deeds, judgments, decrees, and orders of any Court, grants, and other documents creating or modifying a trust in favour of the Superintendent of the Wesleyan Mission in New Zealand, the religious society denominated Wesleyan Methodists, the Wesleyan Methodist Church in New Zealand, or the Methodist Church of Australasia in New Zealand, either directly or in augmentation of any fund, or for the benefit of any purpose or enterprise connected with that mission or society or those Churches respectively, or otherwise referring directly or indirectly to that mission or society or those Churches respectively, shall (where the context so allows) be read and construed as if the words the Methodist Church of New Zealand were inserted therein in lieu of the words the Superintendent of the Wesleyan Mission in New Zealand, the religious society denominated Wesleyan Methodists, the Wesleyan Methodist Church in New Zealand, the Australasian Wesleyan Methodist Church, the Wesleyan Methodist Church, and the Methodist Church of Australasia in New Zealand, as the case may be, and in the case of the said Model Deed as if the words the Annual Conference of the Methodist Church of New Zealand were inserted therein in lieu of the words the New Zealand Wesleyan Methodist Conference, and as if all reference in the operative parts of the said Model Deed to the people called Wesleyan Methodists were altered to refer to the people called Methodists, being members of the Methodist Church of New Zealand; and the said Book of Laws shall (here the context so allows), from and after the date fixed as aforesaid for such independence to take effect, be read and construed as if the references therein, either expressed or implied, to the New Zealand Church as forming part of the Methodist Church of Australasia and to the New Zealand Conference as being one of the conferences comprised in and governed by the said General Conference had not been contained therein.

9 Section 6 of amending Act of 1896 amended
  • From and after the date of independence, section six of the Wesleyan Methodist Church Property Trust Act 1887 Further Amendment Act 1896, shall be amended by the substitution of the words the Methodist Model Deed of New Zealand 1887, for the words the Wesleyan Methodist Model Deed of New Zealand of 1887.

10 Repeal
  • Subsection four of section five of the Wesleyan Methodist Church Property Trust Act 1887 Further Amendment Act 1896, is hereby repealed as from the date of independence.