Nelson Diocesan Trust Board Empowering Act 1937

Reprint
as at 17 November 1937

Coat of Arms of New Zealand

Nelson Diocesan Trust Board Empowering Act 1937

Private Act1937 No 2
Date of assent16 November 1937
Commencement16 November 1937

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 enable the Nelson Diocesan Trust Board (Incorporated) to sell and dispose of certain lands in the Anglican Diocese of Nelson and to apply the net proceeds thereof in and towards the purchase of a permanent residence for the Bishop of Nelson within the City of Nelson

  • Preamble

    Whereas James Wilfred Marsden, deceased, late of Stoke, in the Provincial District of Nelson, by his last will and testament devised the lands described in the Schedule, together with the buildings thereon, unto the Nelson Diocesan Trust Board (Incorporated) upon trust as and for the permanent residence of the Bishop of the Diocese of Nelson and his successors in office for all time, and with and subject to certain directions, powers, and provisions therein set out:

    And whereas it was in the said will and testament provided that the said Board should have no power to sell, mortgage, or alienate any part or parts of the said lands and premises:

    And whereas by reason of the unsuitability of the locality of the said lands and the buildings thereon for a residence of the said Bishop and his successors the terms of the trust cannot be given effect to:

    And whereas it is desirable that the terms of the trust should as nearly as may be be given effect to by the sale of the said lands and the application of the net proceeds of such sale in and towards purchasing a residence for the said Bishop and his successors:

    And whereas the powers requisite to enable the said Board to sell such lands are attainable only by legislation.

1 Short Title
  • This Act may be cited as the Nelson Diocesan Trust Board Empowering Act 1937.

2 Authorising Nelson Diocesan Trust Board to sell certain lands now held by it in trust
  • Subject to any existing lease or any contract heretofore made and existing in respect thereof, it shall be lawful for the Nelson Diocesan Trust Board (Incorporated) to sell and dispose of the buildings on the said lands described in the Schedule or any of them for removal, and to sell and dispose of the said lands or any part or parts thereof with or without the said buildings, and in either case either by public auction or private contract, and at such time or times and upon such terms and conditions in all respects as the said Board may deem fit, and to convey, transfer, and assure the same to any purchaser or purchasers freed and discharged of and from the said trust, and to apply the net proceeds thereof, after providing for the necessary cost and expenses thereof, in or towards the purchase of lands and buildings or towards the purchase of lands and erecting buildings thereon as a permanent residence for the Bishop of Nelson and his successors for all time, and pending the application of such proceeds as aforesaid to invest any moneys arising from the sale or disposition of such buildings and lands or any part thereof in any manner in which trustees may lawfully invest trust moneys, and apply the income arising therefrom in and towards the same purposes to which the principal moneys are appropriated by this Act, or, in the discretion of the said Board, in maintaining the land and buildings at present occupied by the Bishop of Nelson as a residence.

3 Protection of purchaser
  • The receipt in writing of the said Board shall effectually discharge every purchaser or other person paying any moneys in respect of such sales therefrom and from being bound to see or inquire as to the application thereof, or being responsible for any loss, misapplication, or non-application thereof.

4 Private Act
  • This Act shall be deemed to be a private Act.


Schedule

All that parcel of land contained in certificate of title 70/54 Nelson, containing 51 acres 3 roods 28 perches, more or less, being Lot 2 on plan deposited in the Land Registry Office at Nelson under No 2072, and being part of Sections 47, 49, and 50, Suburban South, situated in Block IV, Waimea Survey District.


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 Nelson Diocesan Trust Board Empowering Act 1937. The reprint incorporates all the amendments to the Act as at 17 November 1937, 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)