• Preamble

  WHEREAS it is expedient to make better provision for the administration of the trusts and the remuneration of the Trustees and the honorarium of the Visitor of the will of the late James Dilworth, of Remuera in the Province of Auckland, settler, bearing date the fifteenth day of November eighteen hundred and ninety-four in relation to the Dilworth Ulster Institute as varied by the provisions of The Dilworth Trustees Act 1902, The Dilworth Trustees Act 1902 Amendment Act 1905, The Dilworth Trustees Acts Amendment Act 1912, section 25 of The Reserves and Other Lands Disposal and Public Bodies Empowering Act 1914, section 21 of The Finance Act (No 2) 1940, and The Dilworth Trust Board Act 1946 respectively by conferring wider powers upon the Trustees in the selection of pupils for admission to the said Institute, and by increasing the remuneration of the Trustees and the honorarium of the Visitor, and by providing for the future authorisation and approval of the variation, modification, or extension of the powers of the Trustees or the mode of administration of the trusts by the High Court of New Zealand pursuant to the powers conferred upon it by The Charitable Trusts Act 1957 and any amendment thereof or any Act hereafter passed in substitution therefor and any other powers conferred upon the said Court from time to time by any other Act notwithstanding that any such variation, modification, or extension may be at variance or in conflict with any of the provisions of any of the above-mentioned Acts or of sections 3, 4, 5 and 6 of this Act: And whereas the terms and conditions expressly or impliedly imposed upon the Trustees by the said will and the said Acts in the selection of boys as pupils for the said Institute are considered to be unduly restrictive having regard to the changed social conditions presently obtaining in New Zealand: And whereas it is expedient that those terms and conditions should be varied in order that the Trustees may have wider discretionary powers in respect of the selection of pupils of the said Institute: And whereas the aggregate remuneration of the Trustees was fixed at six hundred pounds per annum under the provisions of the said will: And whereas the said remuneration is now considered inadequate having regard to the depreciated purchasing power of money and the increased amount of time required to be expended by the Trustees in administering the trusts of the said will and ought to be increased: And whereas the honorarium of the Visitor was fixed at fifty pounds per annum under the provisions of the said will: And whereas the said honorarium is now considered inadequate having regard to the depreciated purchasing power of money and ought to be increased: And whereas having regard to the changing social conditions within New Zealand the Trustees have from time to time considered it necessary or desirable that there be a variation or extension of the powers conferred upon them in relation to the trusts prescribed by the said will and that the mode of administration of those trusts be varied and it has been found necessary to promote legislation to that end: And whereas it would be more convenient to provide that any variations or extensions of those powers or of the mode of the administration of those trusts which from time to time may be required should be submitted to the High Court of New Zealand for approval in the form of a scheme prepared pursuant to Part 3 of The Charitable Trusts Act 1957 rather than that the Trustees should be required to promote from time to time Acts of Parliament for such purposes as aforesaid: And whereas the said Charitable Trusts Act 1957 provides adequate safeguards in that it provides for a report from the Attorney-General on any such scheme and that the said Court has power to approve with or without modification or reject any such scheme:

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