Eliza White Orphanage Trust Act 1951

Reprint
as at 10 November 1951

Coat of Arms of New Zealand

Eliza White Orphanage Trust Act 1951

Private Act1951 No 3
Date of assent9 November 1951
Commencement9 November 1951

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 incorporate the trustees of the will of Eliza White, of Christchurch, widow, deceased, and to vary the trusts of the said will

  • Preamble

    Whereas Eliza White, late of Christchurch, widow, died on 13 November 1909, having first made her last will and testament bearing date 10 March 1907 and 1 codicil of the same date not material to the present situation, which will and codicil were proved in the Supreme Court of New Zealand at Christchurch on 9 December 1909:

    And whereas the present trustees of the said will and codicil are Maud Magdalean White, of Christchurch, spinster, Beatrice Joseph Bunz, of Christchurch, widow, 2 of the daughters, and Charles Joseph James Morkane, of Christchurch, medical practitioner, a grandson of the testatrix:

    And whereas, after bequeathing certain legacies and making certain dispositions of her property, the testatrix devised and bequeathed the residue of her real and personal estate to her trustees upon trust out of income thereof to pay certain annuities, with power to apply the surplus income of her estate in paying off mortgages charged on her real estate or such further mortgages as she empowered her trustees to raise for the purpose of building upon or improving her said real estate, with power for her trustees to sell the whole or any part of her real and personal estate, and by her said will she further directed that her trustees are to stand possessed of the residue of her real and personal estate subject as aforesaid in trust for the purpose of founding, building, equipping, and maintaining 2 orphanages in or near Christchurch, one for the reception of destitute female orphan children and the other for the reception of destitute male orphan children, the orphanage for female orphan children to be first established and the orphanage for male orphan children not to be undertaken unless or until the trust estate of the testatrix shall be more than sufficient for the one first to be established, and by the said will she further directed that each such orphanage should be placed under the immediate management of some recognized religious order in the Roman Catholic Church approved of for the purposes by the Roman Catholic Bishop of Christchurch for the time being, and to be called Saint Joseph's Orphanage, and she further directed that the trustees should associate themselves with the Roman Catholic Bishop for the time being in all matters connected with the admission of children to the orphanage and the general policy of management thereof:

    And whereas, in pursuance of such directions, the trustees have purchased all that parcel of land containing 11 acres 2 roods 25 perches, situated in the Lincoln Road, of Christchurch, being Lot 1 on Deposited Plan 9989, Part Rural Section 141, and being the whole of the land comprised and described in certificate of title, Volume 432, folio 90, and have thereon erected and equipped one such orphanage for the reception of female orphans, known as the Eliza White St. Joseph's Orphanage:

    And whereas, in order the more effectually to facilitate the administration of the trusts of the said will, it is desirable to incorporate the trustees of the said will as a body corporate and to enlarge their numbers and to include the said Bishop for the time being as a member of such body while as far as reasonably possible preserving the representation on that body of the personal descendants of the testatrix and to strengthen it as an administrative body:

    And whereas to facilitate the administration of the orphanage it is desirable that the same and the control thereof shall be vested in the Roman Catholic Bishop of Christchurch:

    And whereas the resources of the said estate of the testatrix are such that in the opinion of the trustees it is found impossible to erect and equip a second orphanage for male orphan children, and in the circumstances thereof it is desirable that further powers be conferred on the trustees for the time being or other body administering the trusts of the said will.

1 Short Title
  • This Act may be cited as the Eliza White Orphanage Trust Act 1951.

2 Incorporation of Eliza White Board of Management
  • The trustees of the said will of the said Eliza White are hereby incorporated under the name of the Eliza White Board of Management (hereinafter referred to as the Board) as a body corporate with perpetual succession and a common seal.

3 Members of Board
  • (1) The Board shall comprise 5 members, who shall be the Roman Catholic Bishop of Christchurch for the time being (hereinafter referred to as the Bishop), the said Maud Magdalean White, Beatrice Joseph Bunz, and Charles Joseph James Morkane, the present trustees of the said will of the said Eliza White, and Maurice Ballantyne Warren, of Christchurch, company director.

    Chairman of Board

    (2) The said Maurice Ballantyne Warren shall be the first chairman of the Board, and on his ceasing to hold that office the Board may from time to time appoint one of its members other than the Bishop to be its chairman.

    Votes of chairman

    (3) The chairman of the Board shall have a deliberative vote, and in the case of an equality of votes shall have a casting vote.

    Qualification of members

    (4) The Board shall at all times include among its members at least 1 lineal descendant of the said Eliza White if such there be willing to accept office and acceptable to a majority (which must include the Bishop) of the remaining members of the Board. Moreover, the Board shall at all times include among its members at least 1 person who has not been baptized as a member of the Roman Catholic Church. If at any time such last mentioned person shall be received into and shall become a member of the said Church or in the event of there having been more than 1 such non-Catholic person on the Board, then upon the last of such non-Catholic persons being received into and becoming a member of the said Church a vacancy on the Board shall thereupon occur, which shall be filled in manner next hereinafter provided.

    Vacancies on Board

    (5) On a vacancy occurring on the Board by a member (other than the Bishop) dying or remaining out of New Zealand for the space of 12 months or desiring to be discharged from office or refusing to act or becoming unfit or incapable of acting or otherwise howsoever occurring the same shall be filled by appointment made by a majority (which must include the Bishop) of the surviving or remaining members.

    Removal from office

    (6) Any member of the Board other than the Bishop, the said Maud Magdalean White, Beatrice Joseph Bunz, and Charles Joseph James Morkane may at any time be removed from office by a majority (which must include the Bishop) of the remaining members of the Board, and the vacancy so created shall be filled in the same manner as if such member had resigned his office.

    Remuneration to certain members of the Board

    (7) Each of them the said Maud Magdalean White, Beatrice Joseph Bunz, and Charles Joseph James Morkane shall, so long as he or she shall remain a member of the Board, receive out of the income of the estate of the said Eliza White deceased the annual sum of 70 pounds, which in the case of each of them the said Maud Magdalean White and Beatrice Joseph Bunz shall be deemed to include the annual sum of 20 pounds bequeathed to her by the said will.

4 Orphanage to be vested in Bishop
  • (1) The trustees of the said will shall forthwith convey, transfer, and assign to the Bishop the said lands above described, with the said orphanage and all other improvements thereon and all chattels thereon or used in connection therewith, to be held by the Bishop upon the trusts and with the powers in the said will set forth as hereby modified save in so far as such trusts and powers are hereafter vested in the Board.

    (2) For the purposes of this Act the Bishop is hereby constituted a corporation sole with perpetual succession.

5 Other trust assets to be vested in Board
  • The trustees of the said will shall forthwith and from time to time convey, transfer, assign, and pay over unto the Board all real and personal property subject to the trusts of the will of the said Eliza White other than the lands, improvements, and chattels referred to in section 4.

6 Application of income
  • (1) Subject to the powers contained in the said will to apply income towards paying off mortgages or for that purpose to make accumulations of income, the Board shall pay the net income from such real and personal property so vested in the Board to the Bishop to be applied for the purposes of the said orphanage as provided in the said will.

    Application of capital

    (2) Subject as aforesaid thereto, the Board shall hold all real and personal property vested in it pursuant to section 5 upon the trusts and with the powers in the said will set forth as hereby modified, and save in so far as such trusts and powers are herein vested in the Bishop.

7 On failure of orphanage, Bishop to transfer orphanage premises to Board
  • If at any time the Bishop shall be unable to administer and carry on the said orphanage in accordance with the trusts of the will as hereby modified, then the Bishop shall forthwith transfer and assign the said orphanage premises and the chattels thereon and used in connection therewith to the Board to be held by the Board on the trusts of the will declared and contained as hereby modified or as near thereto as circumstances and the law permit:

    provided that in such case the Board shall not be liable for any debts incurred by the Bishop without the authority of the Board save to the extent of income in the hands of the Board at the time of such transfer to it which would have otherwise been paid to the Bishop.

8 Orphanage available for children of both sexes
  • The said oprhanage may at the discretion of the Bishop be used for the reception of both female orphan children and male orphan children.

9 Will as herein amended to remain in force
  • Nothing in this Act contained shall prejudice or affect the provisions of the said will or anything therein contained except so far as the same are expressly altered or modified by or are inconsistent with this Act, the intention of this Act being that, except to such extent as aforesaid, the said will shall remain in full force and effect.

10 Release to trustees on transfer of assets of estate
  • Simultaneously with the conveyance, transfer, assignment, and payment to the Bishop and the Board respectively of the real and personal property subject to the trusts of the said will referred to in sections 4 and 5, the Board and the Bishop shall upon being respectively satisfied in that behalf execute such deeds as the trustees of the will may reasonably require releasing and discharging the said trustees from the duties imposed on them by the said will in connection with such real and personal property, lands, and chattels, such deeds to be prepared by the solicitors to the trustees at the cost of the Board.

11 Costs of promoting this Act to be paid out of estate
  • All costs, charges, disbursements, and expenses of and incidental to the preparing for obtaining and passing of this Act shall be charged against and paid out of the assets of the estate of the said Eliza White.

12 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 Eliza White Orphanage Trust Act 1951. The reprint incorporates all the amendments to the Act as at 10 November 1951, 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)