Canterbury Jewish Cemetery Empowering Act 1943

Reprint
as at 26 August 1943

Coat of Arms of New Zealand

Canterbury Jewish Cemetery Empowering Act 1943

Private Act1943 No 1
Date of assent25 August 1943
Commencement25 August 1943

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 authorise the trustees for the time being of the Canterbury Jewish Congregation to close a cemetery and to sell and dispose of certain land and to exercise certain other powers

  • Preamble

    Whereas the trustees for the time being of the Canterbury Jewish Congregation are registered as the proprietors of an estate in fee simple in all that parcel of land more particularly hereinafter described, such land having been originally conveyed to the said trustees upon trust as a burial ground for the Jews:

    And whereas there has been no interment in the said ground for over 40 years and there are no objections among the next of kin of those who have been buried in the said ground to the closing of the said ground as a cemetery:

    And whereas the said ground has fallen into disuse and is unsightly:

    And whereas the said ground is situated in a residential quarter of the City of Christchurch, and it is in the public interest that the said ground be closed as a burial ground and the remains buried therein transferred to another burial ground, together with the monuments and other memorials:

    And whereas it is desirable that the said trustees shall be empowered to sell the said piece of land and to apply the proceeds thereof in payment of the cost and expenses in connection with the promotion of this Act and the cost of transferring the remains and memorials as before mentioned and to apply any surplus for the benefit of the Canterbury Jewish Congregation:

    And whereas the powers requisite to enable the said trustees to sell such land and apply the proceeds as aforesaid are obtainable only by legislation.

1 Short Title
  • This Act may be cited as the Canterbury Jewish Cemetery Empowering Act 1943.

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

    congregation means Canterbury Jewish Congregation

    the ground means all that parcel of land containing 1 rood, being part of Rural Section 26, City of Christchurch, being all the land comprised in certificate of title, Volume 373, folio 256 (Canterbury Registry)

    the trustees means the trustees for the time being of the Canterbury Jewish Congregation.

3 Power to remove remains and monuments
  • The trustees may and they are hereby empowered to remove the remains of those deceased persons who have been buried in the ground to a properly recognised burial ground subject to the provisions of the Cemeteries Act 1908 together with all monuments, headstones, and other memorials erected in the ground, and to close the ground as a burial ground.

4 Power to sell and dispose of land and mode of application of moneys received
  • It shall be lawful for the trustees to sell and dispose of the ground by public auction or private contract at such time and upon such terms and conditions as they may deem fit, and to transfer and assure the same to a purchaser freed and discharged of and from the said trust, and to apply the net proceeds thereof in payment of all costs and expenses of and incidental to the promotion of this Act and in payment of all expenses of and incidental to the removal of and reinterment of the remains and re-erection of the monuments, headstones, and other memorials or the erection of such other memorials as the trustees shall deem fitting, and subject thereto in promoting and furthering such one or more of the purposes and activities of the Canterbury Jewish Congregation as shall be determined by a resolution of the congregation carried at a special meeting duly convened and held in accordance with the rules of the congregation.

5 Protection of purchaser
  • The receipt in writing of the trustees shall effectually discharge the purchaser or other person paying any money in respect of sale 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.

6 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 Canterbury Jewish Cemetery Empowering Act 1943. The reprint incorporates all the amendments to the Act as at 26 August 1943, 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)