Bryant House Trust Board Enabling Act 1960

Reprint
as at 8 October 1960

Coat of Arms of New Zealand

Bryant House Trust Board Enabling Act 1960

Private Act1960 No 3
Date of assent7 October 1960
Commencement7 October 1960

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 empower the Bryant House Trust Board to transfer all its assets to the D.V. Bryant Trust Board, a newly constituted Trust Board set up to take over the work previously carried out by the Bryant House Trust Board

  • Preamble

    Whereas by a certain deed of trust dated 17 November 1924 Daniel Vickery Bryant, of Te Rapa, near Hamilton, farmer, expressed his desire to give and present certain lands at Raglan together with certain stock and implements to the trustees named in the aforesaid deed of trust and also to provide money and funds for the erection of a convalescent home for children on the said lands and for the maintenance and upkeep thereof:

    And whereas by memorandum of transfer dated 17 November 1924 the said lands were duly transferred and at the same time the said stock and implements were duly handed over to the said trustees:

    And whereas the aforesaid deed of trust declared that the said lands and chattels and money (together with the increase and proceeds of the said stock and implements and the said money) should be held by the trustees and their successors in perpetuity upon trust for the purposes of a convalescent home for children:

    And whereas the trustees were on 7 June 1946 duly incorporated under the provisions of the Religious, Charitable, and Educational Trusts Act 1908 as a Trust Board with the name or title of Bryant House Trust Board:

    And whereas by a supplementary deed bearing date 20 October 1954 the trustees, acting in pursuance of the power and authority conferred on them by clause 24 of the original deed of trust, declared the additional power to open a special imprest account and to transfer to such account such of the funds of the trust as they shall from time to time determine for the use of Daniel Vickery Bryant at his absolute discretion in carrying on his charitable work of an individual or confidential nature among such persons as the said Daniel Vickery Bryant may consider deserving of assistance:

    And whereas such special imprest account has been opened and some of the surplus income of the trust has been transferred to such account:

    And whereas the aforesaid supplementary deed further provided that any funds remaining in such account at the death of the said Daniel Vickery Bryant shall revert to the Bryant House Trust Board for the general purposes of the trust:

    And whereas by a certain trust deed bearing date 30 May 1960 a new Trust Board has been created by representatives of the Anglican, Presbyterian, and Methodist Churches in the Waikato District and representatives of the Bryant House Trust Board under the name or title of D.V. Bryant Trust Board:

    And whereas the objects of the D.V. Bryant Trust Board are largely similar to those of the Bryant House Trust Board one of the principal objects being the maintenance of a convalescent home for children:

    And whereas it appears to the Bryant House Trust Board that the administration and maintenance of the convalescent home previously administered by the Bryant House Trust Board can be more conveniently carried on by the D.V. Bryant Trust Board:

    And whereas the Bryant House Trust Board is desirous of transferring eventually the whole of its assets to the D.V. Bryant Trust Board in order that the D.V. Bryant Trust Board may continue and maintain the trusts hereinbefore vested in the trustees of the Bryant House Trust Board:

    And whereas the Bryant House Trust Board under the aforesaid deed of trust dated 17 November 1924 has no power to dispose of its assets in the manner aforesaid and is desirous that statutory authority should be given to empower the Bryant House Trust Board to make such transfer:

    And whereas the Bryant House Trust Board intends, if such statutory authority should be given, forthwith to transfer the major portion of its assets to the D.V. Bryant Trust Board but to retain the aforesaid imprest account during the lifetime of the said Daniel Vickery Bryant:

    And whereas the Bryant House Trust Board desires that statutory authority should now be given to the ultimate transfer of the unexpended portion of the aforesaid imprest account to the D.V. Bryant Trust Board on the death of the said Daniel Vickery Bryant.

1 Short Title
  • This Act may be cited as the Bryant House Trust Board Enabling Act 1960.

2 Power to transfer assets to D.V. Bryant Trust Board
  • The Bryant House Trust Board is hereby empowered and authorised to give and transfer to the D.V. Bryant Trust Board all its assets both real and personal of whatsoever kind and nature and wheresoever situate:

    provided however that it may retain the special imprest account referred to in the aforesaid supplementary deed bearing date 20 October 1954 during the lifetime of the said Daniel Vickery Bryant.

3 Transferred assets to be held on new trusts
  • The aforesaid assets shall from the date of transfer be held by the D.V. Bryant Trust Board upon the trusts reposed in it by virtue of the aforesaid deed of trust dated 30 May 1960 and freed and discharged from the trusts heretofore affecting them.

4 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 Bryant House Trust Board Enabling Act 1960. The reprint incorporates all the amendments to the Act as at 8 October 1960, 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)