Bryant Nursery Trust Board Enabling Act 1968

Reprint
as at 18 September 1968

Coat of Arms of New Zealand

Bryant Nursery Trust Board Enabling Act 1968

Private Act1968 No 2
Date of assent17 September 1968
Commencement17 September 1968
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 Bryant Nursery Trust Board to transfer all its assets to the Mary Bryant Trust Board a newly constituted Trust Board set up to take over the work previously carried out by the Bryant Nursery Trust Board

  • Preamble

    Whereas by deed of trust bearing date 19 November 1947, Mary Bouchier Bryant, of Hamilton, married woman, expressed her desire to give and present certain land in Hamilton to the trustees named in the said deed of trust for the purpose of a home for children:

    And whereas by Memorandum of Transfer bearing date the said 19 November 1947, the said Mary Bouchier Bryant, in pursuance of her said desire, transferred unto the said trustees all that piece or parcel of land in the Provincial District of Auckland containing 1 rood 24 perches, more or less, being Lots 1 and 2 on a plan deposited in the Land Registry Office at Hamilton as Number 26527, being portion of Allotment 328 of the Town of Hamilton West, and being all the land in certificate of title, Volume 680, folio 26, South Auckland Land Registry:

    And whereas the said deed of trust declared that the said land should be held in perpetuity upon trust for the purposes of a home for children, and directed that the trustees should make application for incorporation under the Religious, Charitable, and Educational Trusts Act 1908, of a Trust Board to be known as the Mary Bryant Trust Board:

    And whereas the said Mary Bouchier Bryant died on or about 7 December 1947:

    And whereas on 19 May 1948, the said trustees were duly incorporated under the said Act under the name or title of the Mary Bryant Trust Board:

    And whereas, pursuant to the said deed of trust, the said land was transferred to and vested in the Mary Bryant Trust Board (hereinafter called the Board) for the purposes therein set out:

    And whereas, following upon the passing of the Bryant House Trust Board Enabling Act 1948, and pursuant thereto, a certain farm property therein mentioned, together with live and dead stock thereon and the sum of £15,131 14s 10d ($30,263.48) were transferred to and settled upon the said Board by the Bryant House Trust Board, a body duly incorporated under the Religious, Charitable, and Educational Trusts Act 1908, and having its registered office at Hamilton for the purposes of establishing an endowment with which to carry out the trusts of the said deed of trust:

    And whereas on 22 May 1949, the said board opened up on the said land at Hamilton a home for the care of children who, through sickness or any other cause, find it necessary to be separated from their mothers, and the Board has continued to conduct the home since that date:

    And whereas since the said settlement by the Bryant House Trust Board of the said assets the annual income therefrom has provided to the said Board sufficient funds not only to conduct the said home for children, but also to provide a reserve capital fund which, in the opinion of the Board is adequate for the future requirements of the said home:

    And whereas by the Mary Bryant Trust Board Enabling Act 1955, the powers of the Board were enlarged and extended and the Board was authorised to dispose of its surplus income:

    And whereas by a resolution of the Board bearing date 7 February 1968, the name of the Board was changed to Bryant Nursery Trust Board and the aforesaid assets of the Board have been or will be transferred into the name of Bryant Nursery Trust Board:

    And whereas because the provisions of the said deed of trust bearing date 19 November 1947, contain only limited or negative provisions for the appointment of new trustees, because the number of trustees is limited for all times and because there is no provision for amendment to its rules, the operations of the trust are unnecessarily restricted and difficult to administer:

    And whereas the trust funds are now very considerable:

    And whereas the trustees of Bryant Nursery Trust Board are considering enlarging their activities and it is desirable that they should function under a new constitution which more fully complies with the Charitable Trusts Act 1957, and which removes the restrictions and limitations hereinbefore mentioned:

    And whereas a new deed of trust bearing date 3 April 1968, for the incorporation under the Charitable Trusts Act 1957, of a trust under the name of Mary Bryant Trust Board has been completed and filed in the office of the Registrar of Incorporated Societies at Hamilton:

    And whereas the principal objects of the new deed of trust are to conduct and manage the Mary Bryant Nursery at Hamilton and to establish, provide, and maintain nurseries, homes, hostels, and other accommodation for the care and benefit of men, women, and children:

    And whereas Bryant Nursery Trust Board feels that in the circumstances its assets could be more conveniently administered, maintained, and carried on by the said new Mary Bryant Trust Board:

    And whereas the Bryant Nursery Trust Board is desirous of transferring the whole of its assets to the said Mary Bryant Trust Board in order that the said Mary Bryant Trust Board may continue and maintain the trusts hereinbefore vested in the Bryant Nursery Trust Board:

    And whereas the Bryant Nursery Trust Board under the said deed of trust bearing date 19 November 1947, has no power to dispose of its assets in the aforesaid manner and is desirous that statutory authority should be given to empower the Bryant Nursery Trust Board to make such transfer.

1 Short Title

  • This Act may be cited as the Bryant Nursery Trust Board Enabling Act 1968.

2 Power to transfer assets to Mary Bryant Trust Board

  • The Bryant Nursery Trust Board is hereby empowered and authorised to give and transfer to the Mary Bryant Trust Board all its assets both real and personal of whatsoever kind and nature and wheresoever situate.

3 Transferred assets to be held on new trusts

  • The aforesaid assets shall from the date of transfer be held by the Mary Bryant Trust Board upon the trusts reposed in it by virtue of the aforesaid deed of trust dated 3 April 1968, 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 Nursery Trust Board Enabling Act 1968. The reprint incorporates all the amendments to the Act as at 18 September 1968, 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)