Church of England (Missionary Dioceses) Act 1955

Church of England (Missionary Dioceses) Act 1955

Private Act1955 No 1
Date of assent5 September 1955

An Act to declare the powers of the General Synod of the Church of the Province of New Zealand, commonly called the Church of England, to define the extent, nature, and terms of the Association of Missionary Dioceses formed and to be formed among the other islands of the Pacific Ocean with the General Synod of the said Church.

  • Preamble

    WHEREAS by clause five of the constitution of the Church of the Province of New Zealand, commonly called the Church of England, and hereinafter referred to as the Church, it is provided that there shall be a representative governing body for the management of the affairs of the Church (therein described as the Branch of the United Church of England and Ireland, in the Colony of New Zealand) which shall consist of three distinct orders, viz, the Bishops, the clergy, and the laity, the consent of all of which orders shall be necessary to all acts binding upon the Synod, and upon all persons recognizing its authority: And whereas by clause eighteen of the said constitution it is provided “That the General Synod of this Branch of the United Church of England and Ireland may associate with itself any missionary dioceses which may be formed among the other islands of the Pacific Ocean”: And whereas doubts have from time to time arisen as to the meaning of the word associate as used in the said clause eighteen and certain interpretations have been given to it by the Standing Commission established by the General Synod pursuant to clause twenty-seven of the said constitution as the tribunal to which any doubts arising in the interpretation of the constitution for the time being of the Church are to be submitted for final decision: And whereas further doubts have arisen and may from time to time arise as to the interpretation of the said clause eighteen and as to its application to particular existing and future circumstances: And whereas the General Synod has already in exercise of the power conferred upon it by the said clause eighteen associated with itself the Missionary Dioceses of Melanesia and Polynesia and the Bishops and representatives of the clergy and laity of the said dioceses have attended meetings of the General Synod and on some occasions have voted and on other occasions have not voted at those meetings: And whereas it is desirable to empower the General Synod to define from time to time the extent, nature, and terms of association under the said clause eighteen:

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

1 Short Title

  • This Act may be cited as the Church of England (Missionary Dioceses) Act 1955.

2 Interpretation

  • For the purposes of this Act:

    • (a) The expression the Church shall be deemed to extend to, mean, and include the Church of the Province of New Zealand, commonly called the Church of England, which in the constitution of such Church is described as “the (or this, or a) Branch of the United Church of England and Ireland in New Zealand” and as “this branch of the Church of England”:

    • (b) The expression the General Synod shall, except where inconsistent with the context thereof, mean the representative governing body of the Church, including the Bishops and clerical and lay representatives of the missionary dioceses from time to time declared by canon or statute of the General Synod to be associated with the General Synod:

    • (c) The expression missionary diocese shall mean the Bishop, clergy, and laity in a missionary diocese constituted or to be constituted, or recognized or to be recognized, or the boundaries of which may have been or may from time to time be defined or varied, by a canon or statute, or with the concurrence, of the General Synod, among the islands of the Pacific Ocean other than New Zealand, and shall be deemed and taken to include the mission field among those islands of any Missionary Bishop in communion with the Church, whether such mission field shall be formally defined by territorial limits or not.

3 Power of General Synod to declare extent, etc, of association of missionary dioceses

  • It shall be lawful for the General Synod, by statute or canon thereof, from time to time to declare what shall be the extent, nature, and conditions of the association of the missionary dioceses with itself, both as to dioceses already so associated and as to dioceses which may in future be so associated. It shall not be necessary that the extent, nature, and conditions of association of all such dioceses be identical or that they shall remain unchanged in respect of any such diocese.

4 Further powers of General Synod

  • In defining the extent, nature, and conditions of such association the General Synod shall not be bound to adhere to the interpretations placed upon the said clause eighteen by the said Standing Commission. In particular, and without limiting the generality of the power hereby conferred upon it, the General Synod may declare—

    • (a) That any particular missionary diocese, or missionary dioceses in general, while so associated with the General Synod, shall or shall not be an integral part of the Ecclesiastical Province of New Zealand;

    • (b) That any particular statute, canon, resolution, or decision of the General Synod or of any person or persons or body lawfully acting under its authority, or such statutes, canons, resolutions, or decisions in general, shall or shall not wholly or in part apply to any missionary diocese or dioceses, or to real or personal property held upon trust for the benefit of the work of such missionary diocese or dioceses, whether or not locally situated therein;

    • (c) That on any matter or matters the Bishops and the clerical and lay representatives or any of them of any particular missionary diocese or dioceses, or of missionary dioceses in general, shall have or shall not have the right to vote or the right to speak in the General Synod or in any body established by it or under its authority;

    • (d) In what manner the association of any particular missionary diocese or dioceses, or of missionary dioceses in general, with the General Synod may be terminated.

5 Declaration that nothing in Act shall derogate from existing powers

  • Nothing in this Act shall derogate from the power conferred by clause twenty-seven of the constitution upon the General Synod or some tribunal to be established by it in that behalf to give final decisions upon doubts arising in the interpretation of the constitution, or any power which the General Synod may have conferred, or may in future confer, upon any tribunal or may have exercised, or may in future exercise, to interpret any of its canons or statutes, or any trust deeds of property held on its behalf, but any determination of such tribunal relating to the extent, nature, and conditions of the association of any missionary diocese or missionary dioceses shall be liable at any time or times to be subject to subsequent legislation by canon or statute of the General Synod pursuant to this Act, and such legislation shall not be regarded as an alteration of any fundamental or non-fundamental clause of the constitution.

6 Declaration that nothing done previously shall be liable to be called in question

  • (1) No statute, canon, or resolution or other act of the General Synod, or of any person or persons or body acting under its authority, enacted, passed, or done before the passing of this Act, nor the title to any property to which the same may relate, shall be liable to be called in question on the ground that the Bishops and the clerical and lay representatives or any of them of any missionary dioceses did or did not vote upon, or otherwise participate in the same; nor shall any such statute, canon, or resolution or other act after the passing of this Act, or any such title, be for any of those reasons liable to be called in question unless so voting or not voting, or so participating or not participating, shall be contrary to any canon or statute hereafter passed by the General Synod in exercise of the power conferred upon it by this Act.

    (2) The Missionary Diocese of Melanesia since the year eighteen hundred and sixty-two and the Diocese of Polynesia since the year nineteen hundred and twenty-five shall for all purposes be deemed to have been and now to be validly associated with the General Synod in accordance with the said clause eighteen of the said constitution.

    (3) The continuous identity of the Church shall not be deemed to have been or to be affected by any past or future association of any missionary diocese or dioceses with the General Synod.

7 Statute or canon passed in anticipation deemed valid

  • Any statute or canon passed by the General Synod in anticipation of the passing of this Act and in accordance with its provisions shall be deemed to have been as valid as if this Act had been passed immediately before and been in operation at the time of the passing of such statute or canon.

8 Private Act

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