• Preamble

  WHEREAS by deed poll bearing date the thirty-first day of March, nineteen hundred and thirty-six, a copy of which is set out in the schedule hereto, Annie Deckston, wife of Max Deckston, of the City of Wellington, in New Zealand, settler, declared that she held certain freehold and leasehold properties, more particularly described in the schedule to the said deed, upon trust that the same and the net income from time to time arising therefrom should be appropriated and used in perpetuity for the establishment, maintenance, continuance, and carrying on of a home for Jewish orphan and destitute children in Wellington aforesaid in continuance of the institution for those purposes theretofore carried on by the said Annie Deckston in Rintoul Street, in Wellington aforesaid, and known as the Deckston Hebrew Institute, and for the maintenance, support, housing, upbringing, clothing, benefit, and education of such Jewish orphan children as were then or might thereafter be inmates of the said home, and for the payment of certain expenses in connection with such inmates incurred preliminary to their admittance to or upon their leaving the said home and any other expenses incurred in the execution of the trusts created by the said deed: And whereas by the said deed the said Annie Deckston declared her intention to appoint a custodian trustee, or trustees of the said freehold and leasehold properties and also to appoint certain persons to be the managing trustees of the trusts therein created: And whereas the said Annie Deckston died at Wellington aforesaid on the twenty-sixth day of September, nineteen hundred and thirty-eight, without having effected any such appointments: And whereas by orders of the Supreme Court of New Zealand bearing dates the eleventh day of March, nineteen hundred and forty, and the third day of December, nineteen hundred and forty, Philip Myers, of Wellington aforesaid, merchant, Isaac Gotlieb, of Wellington aforesaid, company-manager, Charles Weinstein, of Wellington aforesaid, company-manager, and David Markham, of Wellington aforesaid, public accountant, were appointed trustees of the trusts created by the said deed, and the said freehold and leasehold properties were vested in them as such trustees: And whereas the said deed contains no powers to the trustees thereof to sell (except in certain limited circumstances), mortgage or otherwise encumber (except in certain limited circumstances), let, or otherwise deal with the said freehold and leasehold properties, as a result whereof the said trustees have been hindered in the management and use of the said freehold and leasehold properties and in the execution of the trusts of the said deed: And whereas experience has shown that the number of needy Jewish orphan children in or able to be brought to New Zealand does not justify the continuance at the present time of the said home: And whereas owing to the limited number of Jewish orphan children in New Zealand now and for some years past requiring the assistance provided for in the said deed the income arising from the said freehold and leasehold properties has not been expended, but has been and is being accumulated: And whereas for the purposes of making the best practicable use of the said freehold and leasehold properties and the income arising therefrom, in furtherance of the charitable intentions of the said Annie Deckston, it is expedient to extend and vary as hereinafter appears the trusts created by the said deed and to establish a body corporate with perpetual succession and a common seal to administer the trusts as so extended and varied and to confer on such body corporate certain additional powers as hereinafter appears: And whereas the objects of this Act are not attainable otherwise than by legislation:

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