• Preamble

  WHEREAS Reginald Orton Bradley late of Charteris Bay, farmer, died on the 24th day of January 1943 having first made his Last Will together with one Codicil thereto dated, respectively, the 18th day of March 1939 and the 20th day of September 1941, and the said Will and Codicil were duly proved in the Supreme Court of New Zealand at Christchurch on the 11th day of February 1943 by Lionel Denis Cotterill the executor in the said Will and Codicil named: And whereas, after compliance with certain provisions of the said Will which have been complied with and without prejudice to an annuity which has ceased to be payable and after the death of the last survivor of two sisters and two nephews all of whom have died with the exception of one nephew who now has a life interest in the estate of the said testator, the said Will provides that so much of the residuary estate of the testator remaining at the death of the last survivor of such sisters and nephews should be held upon trust for the purposes of a National Park for the just benefit and enjoyment of the people of New Zealand to be known as and called the Bradley National Park of Canterbury subject to the provisions thereinafter appearing, it being the desire and intention of the testator that the whole of his farm at Charteris Bay comprising 1,612 acres 2 roods 29 perches, being the land comprised and described in certificates of title Volume 9B folio 871 and Volume 446 folio 112, Canterbury Land Registry, should be used as and form a park and that the remainder of his residuary estate should be utilised for improving and maintaining such park as thereinafter provided, the said park to be managed by or under the control of a Board of Control consisting of the following persons:

  • (a) The Chairman for the time being of the Mount Herbert County Council who should be the permanent Chairman of the Board:

  • (b) The President for the time being of the Canterbury Horticultural Society:

  • (c) The President for the time being of the Automobile Association of Canterbury:

  • (d) The Mayor for the time being of the Borough of Lyttelton:

  • (e) The Mayor for the time being of the Borough of Sumner:

  • (f) The Mayor for the time being of the Borough of New Brighton:

  • (g) The Chairman for the time being of the Akaroa County Council:

  • (h) The Curator for the time being of the Botanical Gardens of the City of Christchurch:

  And whereas the said Board is to follow the procedure indicated in the said Will which contains an expression of desire that the Board should continue the planting of shrubs and trees or ornamental trees and shrubs for so many years and in such manner as the Board should consider desirable for the improvement of the Park: And whereas the said Will provides that it is the desire of the testator without imposing any legal obligation on the part of the Board or the Trustees so to do that the Board and the Trustees should after the death of the said sisters and nephews apply for leave to introduce a Bill to take all necessary steps to obtain the passing of an Act having for its objects the constitution of the Board as a corporate body, and the vesting of the Park, funds, and chattels in the Board, and the Will provides that the Trustees shall not sell the said farm property or any part thereof and the Will empowers the Trustees to carry on any farming business for such time as the Trustees think fit: And whereas having regard to the expressed wish of the testator to incorporate a Board of Control as a body corporate with perpetual succession and a common seal but after consideration of the fact that the offices of Mayor of the Borough of Sumner, Mayor of the Borough of New Brighton, and the Curator of the Botanical Gardens of the City of Christchurch have ceased to exist and for better carrying into effect the intentions of the testator it has been deemed advisable that alterations should be made in the constitution of the Board: And whereas the name used in the said Will has been found not to be permissible and the name the Orton Bradley Park has been substituted therefor: And whereas since the death of the said testator the said farm property has been enlarged by the purchase of an area of 21.7 perches comprised and described in certificate of title Volume 455 folio 209, Canterbury Land Registry, and 2 acres 32.5 perches comprised and described in certificate of title Volume 514 folio 247, Canterbury Land Registry: And whereas, although it may be possible for the objects of the Bill to be attained otherwise than by legislation, there is some doubt as to whether the Supreme Court would exercise its powers under The Charitable Trusts Act 1957 to implement all the provisions of this Bill and, even if it did, whether it would be prepared to exercise those powers before the death of the last surviving life tenant: And whereas it is desirable that the appointment of members of the Board be made without delay after the death of the last surviving life tenant: And whereas the last surviving life tenant has consented to the provisions of the Bill:

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