Mclean Institute Act 1930

Mclean Institute Act 1930

Private Act1930 No 5
Date of assent11 October 1930

An Act to confer upon the McLean Institute Further Powers for the Purpose of enabling it to carry out more effectually the Trusts of the Will of Allan McLean, Deceased.

  • Preamble

    WHEREAS Allan McLean, late of Christchurch, Gentleman, died on the twelfth day of November, nineteen hundred and seven, having first made his last will and testament, together with one codicil thereto, dated respectively the twentieth day of July, nineteen hundred and four, and the twenty-eighth day of November, nineteen hundred and six, which said will and codicil were duly proved in the High Court of New Zealand, at Christchurch, on the twenty-first day of November, nineteen hundred and seven, by Henry Cotterill, Boulton Merlin Molineaux, and George Francis Gee, the executors in the said will and codicil named: And whereas the said will provides, inter alia, that the Holly Lea property and furniture therein mentioned, and the residue of the trust funds of the testator, subject to the provisions thereinbefore contained, should be held by the trustees of the will upon trust for the purposes of a public institution or benevolent asylum for destitute women to be called the McLean Institute, and that the institution should be open (a) as to the Holly Lea property and furniture, only to gentlewomen or women of refinement or education in reduced or straitened circumstances, and the children, not being over the age of ten years, of any such gentlewomen or women, the testator's special intention being that the Holly Lea property should be reserved exclusively for the use of gentlewomen or women (including their children as aforesaid) who either by their birth, education, previous life, or manner might be able to live in harmony under the same roof; (b) as to the rest of the institution not represented by the Holly Lea property and furniture, to persons of the female sex not being under the age of eighteen years and to the children not being over the age of ten years of any such persons, but no person should be admitted to the institution but such as were poor and of good character and such as had been resident in the colony for a period of three years at least prior to the application for admission and who were not and had not been in receipt of a pension under the Old-age Pensions Act 1898 [Repealed], or any statutory amendment thereof, at any time during the term of three years immediately before admission or in receipt of aid from the Charitable Aid Board or other public institution having the control of the distribution of charitable aid at any time during the term of three years immediately before admission: And whereas by the McLean Institute Act 1909, the Board of Governors to the Institute which had been appointed as provided by the said will was thereby incorporated under the name of the McLean Institute as a body corporate with a perpetual succession and a common seal, and it was in the said Act provided that nothing therein contained should prejudice or affect the provisions of the said will and codicil or anything therein contained except so far as the same were expressly altered or modified by or were inconsistent with the said Act, the intention of the Act being that (except to such extent as therein provided) the said will and codicil should remain in full force and virtue: And whereas it has been found by experience that one effect of the disqualification from admission to the institution of those who are or have been in receipt of a pension under the Old-age Pensions Act 1898 [Repealed], or any statutory amendment thereof, or of charitable aid at any time during the term of three years immediately before admission has been to disqualify from admission persons who apart from such disqualification belong to the particular class which the said testator by the tenor of his said will appears to have intended to benefit, owing to such persons being compelled by extreme poverty to make application for old-age pension or charitable aid while awaiting admission to the institution: And whereas the provisions of the said will do not empower the Institute to sell the said Holly Lea property and furniture: And whereas in the event of the opportunity arising to acquire more suitable premises for the purpose of the institution, or in the event of the Institute finding it advisable to erect more suitable premises on other institution lands, it may become more desirable to sell the said Holly Lea property and furniture or part thereof: And whereas it is desirable that the Institute should have power out of the annual income of the institution to make weekly payments to applicants for admission in certain cases:

    The words High Court were substituted, as from 1 April 1980, for the words the Supreme Court pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

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 McLean Institute Act 1930.

2 Interpretation
  • In this Act, if not inconsistent with the context,—

    Institute means the McLean Institute as incorporated by the McLean Institute Act 1909

    ‘Holly Lea’ property means all that parcel of land containing by admeasurement five acres and thirty and nine-tenths perches, more or less, being Lot 131 and part Lots 40, 112, 132, and 153, Christchurch Town Reserves, and being the land comprised in certificates of title entered in the Land Transfer Office at Christchurch in register-books, Volume 33, folio 262; Volume 184, folio 134; and Volume 242, folio 78, with the messuage or dwellinghouse thereon and the buildings, erections, offices, and gardens and actual and reputed appurtenances belonging thereto

    Institution means and includes all property subject to the trusts in the said will contained concerning the McLean Institute

    Will means the said will and codicil of the said Allan McLean, deceased.

3 Conferring upon the McLean Institute further powers
  • In addition to and in modification of the powers conferred on the Institute by the will and the McLean Institute Act 1909, and notwithstanding any of the provisions thereof, the Institute shall have the following powers, that is to say:—

    • (a) Any person may be admitted to the Institution who is or who has been in receipt of a pension under the Pensions Act 1926 [Repealed], or any statutory amendment thereof, at any time before admission, or who is or has been in receipt of aid from the Charitable Aid Board or other public institution having control of the distribution of charitable aid at any time before admission:

      Provided that on admission such person surrenders such pension or such charitable aid for the period during which such person shall be an inmate of the institution;

    • (b) The Institute may at any time or times sell and dispose of or exchange all or any part or parts of the Holly Lea property and the furniture, books, pictures, prints, musical instruments, plate, linen, china, glass, and other household effects in or about the Holly Lea property, and in so doing shall have the same powers and discretions as are contained and declared in the will concerning the sale and disposition of or exchange of any of the institution lands or chattels; and the Institute shall hold the net proceeds of any such sale or sales upon trust to invest the same in the purchase of any freehold lands, buildings, erections, and hereditaments in New Zealand and in the erection, pulling-down, adding to, altering, or in any way improving any buildings and erections on such purchased lands or on any lands for the time being subject to the trusts declared in the will concerning the Holly Lea property and furniture, and in the purchase of any furniture, books, pictures, prints, musical instruments, plate, linen, china, glass and other household effects, such purchased lands, buildings, erections, and hereditaments, furniture, books, pictures, prints, musical instruments, plate, linen, china, glass, and other household effects to be held by the Institute upon the same trusts and with and subject to the same powers and provisions as are declared in the will concerning the Holly Lea property and furniture, with and subject to such additions and modifications to such trusts, powers, and provisions as are effected by this Act, and pending such investment as aforesaid the Institute may invest the net proceeds of any such sale or sales or any part thereof upon any of the investments authorized in the will for the investment of the Institution funds and may apply the income derived from such investments for any of the purposes contained in the will concerning the Holly Lea property and furniture; and

    • (c) The Institute may at any time, by resolution of the Board of the Institute, declare that any parcel or parcels of land held by the Institute which are not subject to the trusts declared in the will concerning the Holly Lea property and furniture shall from and after the date of such resolution become subject to the trusts in the will declared concerning the Holly Lea property and furniture, and in such case the real and personal property held by the Institute subject to the trusts in the will declared concerning the Holly Lea property and furniture shall stand charged with such sum of money as shall in the opinion of the Institute as evidenced by such resolution be the fair value of such parcel or parcels of land, together with interest for the same at such rate as may be thought proper by the Institute, computed from the date of such resolution, such sum of money and interest to be held by the Institute upon the trusts and with and subject to the powers and provisions in the will declared concerning such part of the institution as is not represented by the Holly Lea property and furniture.

    • (d) The Institute may at any time or times make out of the annual income of the institution weekly payments to any person or persons who shall have applied for and be qualified for admission to the institution, and such weekly payments may be of such amounts and for such period or periods, continuous or discontinuous, as the Institute shall in its absolute and uncontrolled discretion think fit:

      Provided that the payments made to any one person pursuant to the powers hereby granted shall not exceed the weekly sum of six dollars.

    The expression six dollars was substituted, as from 10 July 1967, for the expression three pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

4 Private Act
  • This Act is hereby declared to be a private Act.