Reprint
as at 1 March 2002

Coat of Arms of New Zealand

Carter Trust Act 1961

Private Act1961 No 4
Date of assent1 December 1961
Commencement1 December 1961

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 vary the trusts of the will of the late Charles Rooking Carter and to facilitate establishment of a home for aged persons in Carterton

  • Preamble

    Whereas the Public Trustee is the trustee of the will dated 6 June 1896 of Charles Rooking Carter, late of Wellington in New Zealand, gentleman (hereinafter called the testator):

    And whereas the Public Trustee holds as such trustee certain pieces of land comprising in all 2 178 acres 3 roods 2.7 perches, more or less, situated near the Borough of Carterton, certain sums of money, and certain furniture and other household articles:

    And whereas by section 43 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1916 the powers of the Public Trustee in respect of the said land were enlarged and the name of the charitable institution erected on part of the said land in accordance with the provisions of the said will was changed from the Carterton Home for Aged Poor Men to the Carter Homes, and the conditions of eligibility for admission to the said homes were varied and provision was made for certain other matters:

    And whereas the Carter Homes, owing to their situation and for other reasons, are no longer suitable as a home for old people:

    And whereas a society, called the Carter Society Incorporated, has been incorporated under the provisions of the Incorporated Societies Act 1908 with the object of establishing a new home for aged persons in the Borough of Carterton:

    And whereas it is intended that on the establishment of the said new home any persons then living in the Carter Homes should be transferred to the said new home and the Carter Homes should be closed:

    And whereas it is the desire of the said society that funds which would otherwise have been used for the purposes of the Carter Homes should be available for the maintenance of the proposed new home:

    And whereas the Carter Homes Committee and the Public Trustee consider that the said proposals are reasonable and proper:

    And whereas the Carter Homes Committee desires to be relieved of its responsibilities in regard to the Carter Homes on the establishment of the proposed new home.

1 Short Title
  • This Act may be cited as the Carter Trust Act 1961.

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

    Carter Homes means the institution so named in accordance with the provisions of section 43 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1916, erected on a site containing 4 acres 3 roods 15 perches, more or less, being all the land comprised in certificate of title, Volume 816, folio 67, Wellington Registry

    Carter Homes Committee means the management committee of Carter Homes constituted in accordance with the provisions of the said will

    Carter Reserve means all that piece of land containing 78 acres and 8.8 perches, more or less, which has been set aside as a scenic reserve and recreation ground pursuant to subsection (3) of the said section

    new Carter Home means the home proposed to be established on land situate in the Borough of Carterton containing 2 acres 3 roods, more or less, and being part of the land in certificate of title, Volume 586, folio 45, Wellington Registry

    Society means the Carter Society Incorporated

    trust lands means all those lands at present vested in Public Trust as trustee of the said will, excluding the Carter Reserve and excluding the site of the Carter Homes.

    Section 2 trust lands: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

3 Leasing powers
  • (1) In respect of the trust lands Public Trust shall be deemed to be a leasing authority within the meaning of the Public Bodies Leases Act 1969 and may lease the trust lands or any part or parts thereof in accordance with the provisions of that Act:

    provided that—

    • (a) every such lease shall be subject to the conditions that no assignment, sublease, or encumbrance shall be valid without the prior consent in writing of Public Trust and that the lessee, his executor, administrator, sublessee, or assign, shall continuously reside on the land, except so far as he is for the time being exempted from the requirements of residence by the consent in writing of Public Trust; and

    • (b) any new lease or renewal of lease of the trust lands or any part thereof for a term exceeding 7 years hereafter granted by Public Trust may, unless it is granted by reason of the exercise by the lessee or anyone claiming through the lessee of a right of renewal and such a provision would be inconsistent with the terms of that right, contain a provision that the rent payable under the lease shall on the seventh and 14th anniversaries of the commencement of such lease if it so long continues be reviewed, and the rent adjusted if necessary to a figure to be agreed upon between the parties or, failing agreement, to be settled by arbitration in accordance with the Arbitration Act 1996.

    (2) For the purposes of leasing the trust lands Public Trust may subdivide the same, lay out, form, widen, and dedicate roads, and generally do all such things as it thinks proper for the subdivision and leasing thereof to the best advantage.

    Section 3(1): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 3(1): amended, on 1 January 1970, pursuant to section 28(1)(a) of the Public Bodies Leases Act 1969 (1969 No 141).

    Section 3(1) proviso paragraph (a): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 3(1) proviso paragraph (b): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 3(1) proviso paragraph (b): amended, on 1 July 1997, pursuant to section 20 of the Arbitration Act 1996 (1996 No 99).

    Section 3(2): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

4 Sale of Carter Homes
  • Upon Public Trust being satisfied that the inmates of the Carter Homes have been transferred to the new Carter Home or that other suitable arrangements have been made for them to be provided with accommodation and care, Public Trust shall, as soon as reasonably practicable thereafter, sell the Carter Homes by public auction or private contract at such price and on such terms and conditions as Public Trust thinks fit.

    Section 4: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

5 Capital payments to the society
  • (1) Public Trust shall pay to the society—

    • (a) the capital funds held by it as trustee of the said will (but not including funds in the account relating to the Carter Reserve) after reserving so much thereof as it thinks fit in order to provide for expenses expected to be payable therefrom:

    • (b) the net proceeds of the sale of the Carter Homes:

    • (c) the net proceeds of sale of any articles sold in accordance with section 6.

    (2) Moneys paid to the society in accordance with this Act shall be applied by the society in or towards meeting the cost of erection of the new Carter Home or enlarging or improving or furnishing it or discharging any liability incurred for any of those purposes or otherwise for capital purposes in connection with the new Carter Home.

    Section 5(1): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 5(1)(a): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

6 Disposal of chattels
  • (1) When any furniture and other chattels held by Public Trust as trustee of the said will are in its opinion no longer required for use in the Carter Homes Public Trust may transfer and deliver to the society such of the chattels as the society may require and shall sell the rest of the chattels.

    (2) Any chattels so transferred and delivered to the society shall become the property of the society.

    Section 6(1): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

7 Disposal of income
  • Public Trust shall apply the net income derived from the trust lands in the following manner:

    • (a) in paying the costs of keeping in proper order the grave of the testator and the annuity of £25 payable under the said will to the Church of England Clergyman whose parish includes the Borough of Carterton:

    • (b) in paying any amount (not exceeding in any year 10% of the net income for that year) required in the opinion of Public Trust for the expenses of and incidental to the proper management and upkeep of the Carter Reserve in so far as the income in any such year from the reserve shall be insufficient to meet those expenses:

      provided that Public Trust may in its discretion determine that any such expenses shall be paid from moneys held by it in the account relating to the Carter Reserve (whether received by Public Trust before or after the passing of this Act):

    • (c) the balance of the said net income (whether received by Public Trust before or after the passing of this Act) shall after the closing of the Carter Homes be paid to the society for application in such manner as the society thinks fit for the purposes of the new Carter Home:

      provided that until the closing of the Carter Homes Public Trust may make such payments of income as it thinks fit to the Carter Homes Committee for the purpose of the Carter Homes.

    Section 7: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 7(b): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 7(b) proviso: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 7(c): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 7(c) proviso: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

8 Power to make further capital payments
  • (1) In order to provide for expenses properly payable from the capital of the testator's estate, Public Trust may advance money to the testator's estate in accordance with section 56 of the Public Trust Act 2001 or may borrow (whether upon the security of the trust lands or otherwise) such sum or sums of money as it thinks fit.

    (2) Interest on any money so advanced or borrowed may be paid from the income derived from the trust lands and the principal may be repaid out of the said income over such period and by such instalments as Public Trust thinks fit.

    Section 8(1): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 8(2): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

9 Carter Reserve
  • (1) The Carter Homes Committee shall continue to be the administering body of the Carter Reserve for the purposes of the Reserves and Domains Act 1953 until the Carter Reserve is transferred to or controlled by any local authority or other body.

    (2) Public Trust may arrange for the Carter Reserve to be transferred to or controlled by any local authority or other body for use as a scenic reserve and recreation ground on condition that the name of the Carter Reserve is not changed.

    (3) Upon the transfer of the Carter Reserve or of the control thereof to any local authority or other body Public Trust may pay to the body which will thereafter control the Carter Reserve any money then held by it and representing income derived from the Carter Reserve (whether received by Public Trust before or after the passing of this Act) on condition that the money so paid be applied in the improvement or development of the Carter Reserve or otherwise in connection with the administration thereof.

    Section 9(2): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 9(3): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

10 School reserve
  • Public Trust may continue to allow the part of the trust lands containing 8 acres 1 rood 2 perches, more or less, which has in the past been used as a playing area for the Parkvale School to be used for the purposes of the said school for so long as it thinks fit, rent free, but on such other conditions as Public Trust thinks fit.

    Section 10: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

11 Site for buildings and cottage homes
  • The part of the trust lands containing 19 acres 2 roods 10.9 perches, more or less, which was set aside as a site for buildings and cottage homes for the purposes of the Carter Homes, in accordance with subsection (5) of section 43 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1916, shall cease to be so set aside and may be leased by Public Trust either separately or together with any other part of the trust lands.

    Section 11: amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

12 Power to charge residents of new Carter Home
  • The society shall have power to charge and recover from any person residing in the new Carter Home (including any flats erected in connection therewith) such amounts as may from time to time be fixed by the society:

    provided, however, that the Minister of Health may from time to time fix the maximum charges which may be so made either generally or in respect of specified persons or classes of persons.

13 Admission to new Carter Home
  • The society may admit persons of either sex of or over the age of 60 years to the new Carter Home without regard to the provisions contained in the said will but shall give preference to persons previously residing in the district now comprising the Borough of Carterton and the County of Wairarapa South.

14 Name of home
  • The society may decide from time to time what shall be the name of the new Carter Home:

    provided that Carter shall form part of the name.

15 Expenses
  • (1) All reasonable expenses incurred by Public Trust, the Carter Homes Committee, and the society in connection with the promotion of this Act may be paid by Public Trust out of capital moneys held by it as trustee of the testator's will or advanced by it to the testator's estate.

    (2) Interest on any money so advanced may be paid from the income derived from the trust lands and the principal may be repaid out of the said income over such period and by such instalments as Public Trust thinks fit.

    Section 15(1): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

    Section 15(2): amended, on 1 March 2002, by section 170(3) of the Public Trust Act 2001 (2001 No 100).

16 Carter Homes Committee
  • (1) Within 1 month from the closing of the Carter Homes the Carter Homes Committee shall transfer all its funds, assets, books, documents, papers, and records to the society for the purposes of the society.

    (2) As from the date of such transfer, the society shall pay and discharge all outstanding debts and liabilities of the Carter Homes Committee.

    (3) Upon making the said transfer the Carter Homes Committee shall be subject to no further liability or responsibility in respect of the carrying out of the provisions of the said will except as provided in section 9.

17 Society's rules
  • (1) The rules of the society relating to its name and objects, the constitution of its executive committee, and the disposal of its assets and funds on winding up may be altered, added to, or rescinded only with the consent of the Minister of Health.

    (2) The Registrar of Incorporated Societies shall not register any alteration in the rules of the society unless satisfied that it does not infringe the provisions of this section.

18 Repeal
  • Section 43 of the Reserves and Other Lands Disposal and Public Bodies Empowering Act 1916 is hereby repealed, together with any bylaws heretofore made thereunder.

19 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 Carter Trust Act 1961. The reprint incorporates all the amendments to the Act as at 1 March 2002, 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)