Thomas George Macarthy Trust Act 1936

Reprint
as at 1 March 2002

Coat of Arms of New Zealand

Thomas George Macarthy Trust Act 1936

Private Act1936 No 4
Date of assent8 June 1936
Commencement8 June 1936

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to constitute the Trust created by the will of Thomas George Macarthy, deceased, in favour of charitable and educational purposes and institutions a perpetual trust, and conferring certain powers for the administration and preservation of the said Trust

  • Preamble

    Whereas Thomas George Macarthy, of the City of Wellington, brewer, by his last will and testament bearing date 19 May 1906, devised and bequeathed unto the Public Trustee all his real and personal estate (excepting certain household furniture and certain properties in Boulcott Street) to hold the same (after payment of certain legacies in the said will mentioned, amounting in all to the sum of 16,000 pounds, and subject to certain annuities in the said will mentioned, amounting in all to the yearly sum of 1,700 pounds) upon, inter alia, the following trusts:

    • (a) after payment of the testator's debts and funeral and testamentary expenses and all death duties payable upon the residue of his estate in exoneration of the same, upon trust to pay one moiety of the annual income and profits of the residue of the said estate to his widow during her life, and upon her death it was directed that the capital of the said moiety should form part of the residue and follow the destination thereof;

    • (b) as to the other moiety of the annual income and profits of the residue, upon trust that the Public Trustee should until the death of the widow of the testator, or until the trust in favour of the widow should cease in her lifetime, pay and apply the same to and for such charitable and educational purposes and institutions in the Provincial District of Wellington in such manner, in such shares, and to such extent as the Board of Trustees hereinafter mentioned should from time to time by resolution direct and appoint; and

    • (c) as to the whole of the residuary estate, subject to the life or other interest of the widow of the testator, the testator declared that the Public Trustee should stand possessed of the same in trust to pay and apply the same to and for such charitable purposes or educational purposes in the Provincial District of Wellington in such manner, and in such shares or to such extent, as the Board of Trustees should by resolution direct and appoint:

    And whereas the testator by the said will declared that the Board of Trustees should consist of the following 4 persons—namely, His Excellency the Governor of the Dominion for the time being, the Premier of the Dominion for the time being, the Roman Catholic Archbishop for the time being of the Archdiocese or Diocese of Wellington, and the Mayor for the time being of the City of Wellington; and the testator by his said will further declared that in case any of the said persons should decline for any reason to act in the trusts aforesaid the other members of the said Board for the time being should appoint some other person or persons to act in the place of the person or persons so declining to act:

    And whereas by the said will the testator defined the powers of the said Board of Trustees:

    And whereas the said Thomas George Macarthy died on 19 August 1912:

    And whereas probate of the said will was, on 22 August 1912, granted to the Public Trustee:

    And whereas the Board of Trustees appointed by the said will duly accepted office:

    And whereas by the Thomas George Macarthy Trust Act 1912 the said Board of Trustees was incorporated under the name of the Board of Governors of the Thomas George Macarthy Trust with perpetual succession and a common seal:

    And whereas the widow of the said Thomas George Macarthy died on 1 July 1934:

    And whereas doubt exists as to whether consequent upon the death of the widow of Thomas George Macarthy, deceased, the Public Trustee may not by the terms of the said will be called upon to distribute the capital of the residuary estate and complete the trust:

    And whereas the Board of Governors has instructed the Public Trustee to take steps to preserve the capital of the trust as a perpetual trust:

    And whereas it is desirable that the capital of the trust created in favour of charitable and educational purposes and institutions should be preserved as a perpetual trust and that only the annual income arising therefrom should continue to be distributed to such charitable purposes or educational purposes in the Provincial District of Wellington in such manner and in such shares or to such extent as the Board of Governors should direct and appoint, and that certain other powers should be granted for the administration of the said trust and the preservation of the capital thereof, which powers are not attainable otherwise than by legislation.

1 Short Title
  • This Act may be cited as the Thomas George Macarthy Trust Act 1936.

2 Prohibiting distribution of capital of estate and application of income and profits arising therefrom
  • Nothing contained or implied in the will of Thomas George Macarthy or in the Thomas George Macarthy Trust Act 1912 shall authorise or permit Public Trust or the Board of Governors to distribute or to appoint any part of the capital of the said estate of Thomas George Macarthy, which said capital shall continue to be held upon trust to pay and apply the annual rents and income arising therefrom and profits of the same for such charitable and educational purposes or institutions in the Provincial District of Wellington, and in such manner and in such shares or to such extent as the Board of Governors shall from time to time by resolution direct and appoint.

    Section 2: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

3 Authorising Board of Governors to direct and appoint that part of annual rents, income, and profits be set aside as special Buildings Redevelopment and Replacement Fund
  • The Board of Governors may from time to time by resolution direct and appoint that such part of the aforesaid annual rents, income, and profits as the Board thinks fit shall be set aside and held by Public Trust as a special Buildings Redevelopment and Replacement Fund in connection with the said estate.

    Section 3 heading: amended, on 1 September 1972, by section 2 of the Thomas George Macarthy Trust Amendment Act 1972 (1972 No 1 (P)).

    Section 3: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 3: amended, on 1 September 1972, by section 2 of the Thomas George Macarthy Trust Amendment Act 1972 (1972 No 1 (P)).

4 Application of fund
  • Public Trust may from time to time apply the whole or any part of the said special Buildings Redevelopment and Replacement Fund in all or any of the following ways:

    • (a) in the replacement or redevelopment of any building or buildings owned by the estate which in the opinion of Public Trust should be replaced or redeveloped:

    • (b) in or towards the purchase of any land (with or without buildings thereon), if the purchase of the land is in the opinion of Public Trust necessary or desirable for the adequate and economic replacement or redevelopment of any building or buildings to which paragraph (a) applies:

    • (c) in effecting such improvements to buildings owned by the estate as cannot properly be charged to income.

    Section 4: replaced, on 1 September 1972, by section 3 of the Thomas George Macarthy Trust Amendment Act 1972 (1972 No 1 (P)).

    Section 4: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 4(a): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 4(b): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

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


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Thomas George Macarthy Trust Act 1936. The reprint incorporates all the amendments to the Act as at 1 March 2002, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Public Trust Act 2001 (2001 No 100): section 170(3)

    Thomas George Macarthy Trust Amendment Act 1972 (1972 No 1 (P))