Papawai and Kaikokirikiri Trusts Act 1943

Papawai and Kaikokirikiri Trusts Act 1943

Private Act1943 No 3
Date of assent26 August 1943

An Act to incorporate a New Board to hold the Property now held by the Papawai and Kaikokirikiri Trusts Board, and to vary the Trusts upon which that Property is held

  • Preamble

    WHEREAS certain property, including the lands described in the Schedule hereto, is vested in the Papawai and Kaikokirikiri Trusts Board (incorporated under the Religious, Charitable, and Educational Trusts Act 1908) upon the trusts declared in two Crown grants both dated the fourteenth day of June, eighteen hundred and fifty-three, in favour of George Augustus, Lord, Bishop of New Zealand, and his successors: And whereas the college established by that Board was destroyed by fire in the year nineteen hundred and thirty-two, and it has been found that the trust funds are insufficient for the re-establishment and maintenance of a college in accordance with the said trusts: And whereas for the purpose of making the best practicable use of the available income in furthering the education contemplated by the trusts it is expedient to extend and vary the trusts as hereinafter provided and to establish a new Board to administer the amended trusts:

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

1 Short Title and Commencement

  • This Act may be cited as the Papawai and Kaikokirikiri Trusts Act 1943, and shall come into force on the first day of October, nineteen hundred and forty-three.

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    Board means the Papawai and Kaikokirikiri Trusts Board established under this Act

    Church of England means the Church of the Province of New Zealand, commonly called the Church of England

    Financial year means a period of twelve months ending on such day in any year as the Board determines

    Financial year: this definition was amended, as from 1 November 1946, by section 2 Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) by substituting the words “the thirty-first day of March in any year” for the words “such day in any year as the Board determines”.

    Minister means the Minister of Education

    Old Board means the Papawai and Kaikokirikiri Trusts Board incorporated under the Religious, Charitable, and Educational Trusts Act 1908

    Scholarship means a scholarship granted under this Act, and includes a bursary.

3 Incorporation of Papawai and Kaikokirikiri Trusts Board

  • (1) There is hereby established for the purposes of this Act a Board, to be called the Papawai and Kaikokirikiri Trusts Board.

    (2) The Board shall be a body corporate, with perpetual succession and a common seal, and shall be capable of holding real and personal property and of doing and suffering all that bodies corporate may do and suffer.

    (3) All references to the Papawai and Kaikokirikiri Trusts Board in any Act, or in any agreement, deed, instrument, will, or other document (whether dated before or after the commencement of this Act), shall, unless inconsistent with the context or with the provisions of this Act, be deemed to be references to the Board established under this Act.

4 Members of Board

  • (1) The Board shall consist of ten members to be appointed by the Governor-General, of whom—

    • (a) Five members, one of whom shall be a Maori shall be appointed on the recommendation of the Diocesan Trusts Board of the Diocese of Wellington established under Canon of the General Synod of the Church of England:

    • (b) Four members, being Maoris or the descendants of Maoris, shall be appointed on the recommendation of the Maori Land Court:

    • (c) One member shall be appointed on the recommendation of the Minister.

    (2) Before making any recommendation under paragraph (b) of subsection one of this section, the Maori Land Court shall ascertain as far as it deems practicable the wishes of the members of the Ngatikahungunu Tribe residing in the Wairarapa district south of a straight line passing through Akitio and Pahiatua.

    (3) [Repealed]

    (4) [Repealed]

    (5) The members of the Board shall come into office on the date on which their appointments take effect, and, unless their offices are sooner vacated, shall continue in office until their successors come into office. Retiring members of the Board shall be eligible for reappointment.

    Subsection (1) was amended, as from 1 November 1946, by section 3(a) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) by substituting the word “ten” for the word “eight”.

    Subsection (1)(a) was amended, as from 1 November 1946, by section 3(b) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) by substituting the words “Five members, one of whom shall be a Maori” for the words “Four members”.

    Subsection (1)(b) was amended, as from 1 November 1946, by section 3(c) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) by substituting the word “Four” for the word “Three”.

    Subsections (3) and (4) was repealed, as from 1 November 1946, by section 3(d) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)).

    The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

5 Vacancies in membership of Board

  • (1) The office of any member of the Board shall be vacated if the member—

    • (a) Dies; or

    • (b) Resigns his office by notice in writing to the Board; or

    • (c) Is absent without leave from four consecutive meetings of the Board; or

    • (d) Becomes a bankrupt; or

    • (g) Is convicted of any crime punishable by imprisonment for a term of one year or upwards.

    (2) On the occurrence from any cause of a vacancy in the office of a member of the Board, another person shall be appointed in the same manner as the vacating member to be a member of the Board in his place. Every such appointment shall be made for the unexpired portion of the term for which the vacating member was appointed.

    (3) The powers of the Board shall not be affected by any vacancy in the membership of the Board.

    The Act title Mental Defectives Act 1911 in paragraph (e) was amended to read Mental Health Act 1911, as from 30 September 1954, pursuant to section 2(3) Mental Health Act 1954 (1954 No 66).

    The words “mentally disordered person in any hospital under the Mental Health Act 1969” in paragraph (e) were substituted, as from 1 April 1970 for the words “mentally defective person in any institution under the Mental Health Act 1911” pursuant to section 129(4) and (5) Mental Health Act 1969 (1969 No 16). The reference to the Mental Health Act 1969 was in turn substituted, as from 1 November 1992, by a reference to Mental Health (Compulsory Assessment and Treatment) Act 1992 pursuant to section 137(1) Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46). See the definition of “mental disorder” in section 2(1) of that Act.

    The words “person subject to a property order under the Protection of Personal and Property Rights Act 1988” in paragraph (f) were substituted, as from 1 October 1988, for the words “protected person under the Aged and Infirm Persons Protection Act 1912” pursuant to section 117(3) Protection of Personal and Property Rights Act 1988 (1988 No 4).

6 Local Authorities (Members' Contracts) Act to apply

  • [Repealed]

    Section 6 was repealed, as from 29 September 1954, by section 7(1) Local Authorities (Members' Contracts) Act 1954 (1954 No 49).

7 Meetings of Board

  • (1) Meetings of the Board shall be held at such times and places as the Board or the Chairman from time to time determines.

    (1A) Any three members of the Board may at any time by notice given in writing to the Chairman of the Board require the Chairman to call a special meeting of the Board, and thereupon the Chairman shall call a special meeting of the Board to be held not later than one month after the day on which he received notice.

    (2) At any meeting of the Board six members shall form a quorum.

    (3) All questions before the Board shall be decided by a majority of the valid votes recorded thereon.

    Subsection (1A) was inserted, as from 1 November 1946, by section 5(a) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)).

    Subsection (2) was amended, as from 1 November 1946, by section 5(b) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) by substituting the word “six” for the word “five”.

8 Chairman and Deputy Chairman

  • (1) The Board shall from time to time appoint from among such of its members as have been appointed on the recommendation of the Diocesan Trusts Board a Chairman and a Deputy Chairman of the Board. During any vacancy in the office of Chairman or whenever the Chairman is unable to act, whether by reason of absence or otherwise, the Deputy Chairman may exercise and perform all the powers and duties of the Chairman.

    (2) The Chairman shall preside at every meeting of the Board at which he is present. In the absence of the Chairman and the Deputy Chairman from any meeting of the Board, the members present shall select one of their number to be the Chairman for the purposes of that meeting, and the person so selected may exercise and perform all the powers and duties of the Chairman accordingly.

    (3) At any meeting of the Board the Chairman shall have a deliberative vote, and in the case of an equality of votes shall also have a casting vote.

9 Procedure of Board

  • Subject to the provisions of this Act, the Board may regulate its procedure in such manner as it thinks fit.

10 Contracts of Board

  • (1) Any contract which if made between private persons must be by deed shall, if made by the Board, be in writing under the seal of the Board.

    (2) Any contract which if made between private persons must be in writing signed by the parties to be charged therewith shall, if made by the Board, be either in writing under the seal of the Board or in writing signed by two members of the Board on behalf of and by direction of the Board.

    (3) Any contract which if made between private persons may be made orally may be similarly made by or on behalf of the Board by any member acting by direction of the Board, but no oral contract shall be made involving the payment by the Board of a sum exceeding twenty dollars.

    (4) Notwithstanding anything in the foregoing provisions of this section, no contract made by or on behalf of the Board shall be invalid by reason only that it is not made in the manner prescribed by this section if it is made pursuant to a resolution of the Board or to give effect to a resolution of the Board.

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

11 Vesting of trust property in Board

  • (1) On the commencement of this Act all property, whether real or personal, then belonging to the old Board shall be deemed to be vested in the Board established under this Act, subject to all encumbrances, contracts, and equities then affecting the same.

    (2) All contracts made by the old Board before the commencement of this Act shall from the commencement of this Act be deemed to have been made by the Board established under this Act.

    (3) All debts and liabilities incurred by the old Board before the commencement of this Act shall on the commencement of this Act become the debts and liabilities of the Board established under this Act.

    (4) All proceedings by or against the old Board that are pending on the commencement of this Act may be continued, completed, and enforced by or against the Board established under this Act.

    (5) Where any estate or interest in any land subject to the Land Transfer Act 1952, is vested in the Board by virtue of this Act, the District Land Registrar for the land registration district in which the land is situated shall, on receiving a written application under the seal of the Board, register the Board as proprietor of that estate or interest.

    (6) The old Board is hereby dissolved.

    The reference to the Land Transfer Act 1952 was substituted, as from 1 January 1953, for a reference to the Land Transfer Act 1915 by section 245(1) Land Transfer Act 1952 (1952 No 52).

12 Application of trust moneys

  • (1) After the Board has set aside, out of the accumulations of income as shown by the books of the old Board as at the commencement of this Act, such reserves as the Board may consider necessary to provide for the depreciation of its real and personal property, and for the stabilization of its future income, the Board may apply the whole or any part of the remainder of those accumulations of income to augmenting the annual income available in any financial year or years for division under subsection three of this section.

    (2) For the purposes of this section the net income of the Board for any financial year shall be deemed to be the income of the Board for that year after allowing for all expenses for that year and for the setting aside of such reasonable reserves as the Board may consider necessary, and shall be deemed to include any amount by which the income for that year is augmented under subsection one of this section.

    (3) The Board shall appropriate two-thirds of its net income for each financial year to a fund to be called the Church of England Schools Scholarship Fund, which fund shall be available only for the purposes specified in paragraphs (a) and (b) of subsection four of this section. The remaining one-third of the net income of the Board for each financial year shall be available for all the purposes specified in the said subsection four.

    (4) Subject to the foregoing provisions of this section, the Board may from time to time apply its net income towards all or any of the following purposes:—

    • (a) The provision of scholarships for the post-primary education of children of British subjects of all races, and for children of other persons being inhabitants of islands in the Pacific Ocean, but so that preference is given to boys and girls of the Ngatikahungunu Tribe residing in the Wairarapa district south of a straight line passing through Akitio and Pahiatua, and then to other Maoris or descendants of Maoris residing on the east coast of the North Island of New Zealand, and, failing such, to Maoris or descendants of Maoris of any part of New Zealand:

    • (b) The provision of books, clothing, and other equipment for the holders of such scholarships; and the making of grants for any such purpose and generally for the purpose of assisting the parents or guardians of any holders of such scholarships to provide for their education:

    • (c) The provision of books, clothing, and other equipment for any other such children; and the making of grants for any such purpose and generally for the purpose of assisting the parents or guardians of any such children to provide for their education:

    • (d) The provision, furnishing, maintenance, and management of residential accommodation for any such children in relation to their education:

    • (e) The making of grants, with the consent of the Minister, to the governing bodies of any schools at which any such scholarships are tenable or at which any such children are educated.

    (5) The Minister shall not consent to the making of any grant under paragraph (e) of subsection four of this section unless the Maori Land Court has first consented thereto. Before granting any such consent the Maori Land Court shall ascertain as far as it deems practicable the wishes of the members of the Ngatikahungunu Tribe residing in the Wairarapa district south of a straight line passing through Akitio and Pahiatua. The fact that the Minister grants any consent as aforesaid shall be conclusive evidence that the provisions of this subsection have been duly complied with.

    (6) With the consent of the Minister, the Board may from time to time apply any moneys belonging to it in or towards the establishment, furnishing, maintenance, and management of a school or schools in the Wairarapa district for such children as aforesaid, including provision for residential accommodation, so that in the admission of pupils preference is given as provided in paragraph (a) of subsection four of this section.

    Subsection (4)(a) was amended, as from 1 November 1946, by section 6 Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) by inserting, after the words “scholarships for”, the words “the post-primary education of”.

    The word “Maori” in subsection (5) was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

13 Scholarships

  • (1) The conditions of tenure of every scholarship shall be determined by the Board, which shall select the recipient of every scholarship and the school at which it may be held.

    (2) Every scholarship shall be of such value as the Board in its discretion determines, and may in such discretion be renewed from year to year with or without modification in value or conditions of tenure.

    (3) Scholarships awarded out of the Church of England Schools Scholarship Fund shall be held only at schools conducted by the Church of England; and, unless there is in any case reason to the contrary, preference shall be given in the case of other scholarships to schools conducted by the Church of England.

    (4) In selecting the school at which any scholarship may be held in accordance with the last preceding subsection the Board shall give consideration to the wishes of the parents or guardians of the recipient.

    (5) Where any parent or guardian of a selected recipient of a scholarship requests the Board to select a particular school and the Board refuses or fails to select that school, the parent or guardian may apply to the Maori Land Court for an order determining the school at which the scholarship may be held, and (subject to subsection three of this section) the Court may make an order accordingly. Every such order shall be final, without any right of appeal or review. The costs of all parties of and incidental to any such application and order (as between solicitor and client) shall be paid by the Board out of its income.

    Subsection (5) was amended, as from 1 November, by section 7(a) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) substituting the words “the Native Land Court” for the words “a Judge of the Supreme Court by motion in Chambers”. The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

    Subsection (5) was amended, as from 1 November, by section 7(b) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) substituting the words “Court” for the word “Judge” where the latter secondly occurs.

    Subsection (5) was amended, as from 1 November, by section 7(c) Papawai and Kaikokirikiri Trusts Amendment Act 1946 (1946 No 3(P)) substituting the words “such application” for the words “such motion”.

14 Powers of Board to sell or lease lands

  • (1) The Board may from time to time—

    • (a) With the consent of the Minister, sell the lands vested in the Board or any part thereof, either by public auction or by private contract, and upon such terms and conditions as the Board thinks fit, with power to buy in or rescind or vary any contract of sale:

    • (b) Lease any lands vested in the Board, for which purpose the Board shall be deemed to be a leasing authority within the meaning of the Public Bodies Leases Act 1969, and shall be subject to the provisions of that Act.

    (2) The Minister shall not consent to the sale by the Board of any land that was originally acquired from any Maori tribe or hapu unless the Maori Land Court has first consented thereto. Before granting any such consent the Maori Land Court shall ascertain as far as it deems practicable the wishes of the members of the tribe or hapu concerned. The fact that the Minister grants any consent as aforesaid shall be conclusive evidence that the provisions of this subsection have been duly complied with.

    The word “Maori” was substituted, as from 27 November 1947, for the word “Native” pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

    The Public Bodies Leases Act 1908 (1908 No 240) was repealed, as from 1 January 1970, by section 28(a) Public Bodies Leases Act 1969 (1969 No 141).

14A Leasing of Certain Kaikokirikiri Lands

  • (1) In addition to its powers under paragraph (b) of subsection (1) of section 14 of this Act, the Board may from time to time lease any farm land that forms part of its Kaikokirikiri land (as defined in the Schedule to this Act) for a term not exceeding 7 years, with, if the Board thinks fit, a right of renewal for one term of the same or any shorter period at a rent to be determined by valuation in accordance with the First Schedule to the Public Leases Act 1969, so far as it is applicable.

    (2) If in the opinion of the Board any part of any farm land leased pursuant to this section may during the term of the proposed lease or of any such renewal become usable for industrial purposes, the lease and any renewal of lease of that land shall contain a condition to the effect that the lessee, on the expiry of 6 months' notice in writing given to him by the Board, shall surrender the lease with respect to such part of the land as may be specified in the notice, and that the rent for the balance of the land comprised in the lease after the date of the surrender shall be determined by valuation to be made in accordance with provisions in that behalf in the lease.

    (3) Subject to the provisions of this section, any lease granted under this section shall be deemed for the purposes of the Public Bodies Leases Act 1969 to be a tenancy granted under paragraph (a) of section 11 of that Act, and that Act shall apply accordingly.

    Section 14A was inserted, as from 20 October 1972, by section 2 Papawai and Kaikokirikiri Trusts Amendment Act 1972 (1972 No 5(P)).

15 Investment of trust funds, etc

  • (1) Any moneys belonging to the Board and available for investment may be invested in any investments for the time being authorized by law for the investment of trust funds, or, with the consent of the Minister, in the purchase of lands. Subject to the last preceding section, any such investments may be varied from time to time.

    (2) The farming operations heretofore carried on by the old Board are hereby validated, and the Board established under this Act may carry on upon any land vested in it the business of farming in all or any of its branches until the Board can in its discretion conveniently lease the land and dispose of the stock. The Board may use such portion of its income as it considers necessary for the carrying-on of any such farming operations.

16 Travelling expenses

  • The members of the Board shall be entitled to receive from the funds of the Board a refund of all moneys reasonably expended by them in respect of their attendance at meetings of the Board or otherwise in transacting the business of the Board.

17 Accounts of the Board

  • The Board shall cause proper books of account to be kept for all matters relating to the trust estate.

18 Annual report, including statement of accounts

  • (1) At the end of each financial year the Board shall cause to be prepared a report of the operations of the Board for the year.

    (2) The report shall contain a statement of the total assets and liabilities as at the end of the year, together with an account of receipts and payments and of income and expenditure showing the financial transactions for the year.

    (3) Copies of the report shall be furnished to the Minister, to the Synod of the Diocese of Wellington, and to the General Synod of the Church of England.

19 Members of Board not personally liable

  • No member of the Board shall be personally liable for any act done or omitted by the Board or by any member thereof in good faith in the course of the operations of the Board.

20 Repeal and Savings

  • (1) Section twenty-three of the Finance Act (No 2) 1940, is hereby repealed.

    (2) All scholarships awarded by the old Board that are subsisting or in force on the commencement of this Act shall enure for the purposes of this Act as fully and effectually as if they had originated under this Act, and accordingly shall, where necessary, be deemed to have so originated.

21 Private Act

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

Schedule
Lands Vested in the Papawai and Kaikokirikiri Trusts Board by this Act

Papawai Land

ALL that parcel of land containing 395 acres 1 rood and 18 perches, more or less, situate in Block XIV of the Tiffin Survey District, being parts of Section 42, Moroa Block, and being the whole of the land comprised in certificate of title, Vol 336, folio 222, Wellington Registry.

Kaikokirikiri Land

All those parcels of land containing together 177 acres 2 roods and 25.4 perches, more or less, situate partly in the Borough of Masterton and partly in Block IV of the Tiffin Survey District, being parts of Section 110, Bishops Reserve, and part of Subdivision 33N, Ngaumutawa Block, and being also Lots 1, 2, 3, 4, 5, 7, 9, and 11 on Deposited Plan No 7899, and being the whole of the land comprised in certificate of title, Vol 370, folio 80, Wellington Registry.

Clareville Land

All that piece of land situated in the Taratahi Plain, Wairarapa District, containing 150 acres, more or less, which said piece of land comprises Section 85 and part of Section 86 on the public map of the said Taratahi Plain deposited in the office of the Commissioner of Crown Lands at Wellington, being the whole of the land comprised in certificate of title, Vol 9, folio 40, Wellington Registry.