Whereas the Missionary Diocese of Melanesia has been associated since 1862 with the General Synod of the Church of the Province of New Zealand, commonly called the Church of England, pursuant to clause 18 of the constitution of the said Church, the validity of which association was confirmed by section 6(2) of the Church of England (Missionary Dioceses) Act 1955:
And whereas the association of the said Missionary Diocese of Melanesia with the said General Synod is about to be terminated pursuant to a resolution of the said General Synod at its biennial meeting in March 1974 passed in anticipation of the establishment of the Province of Melanesia and acting pursuant to the powers vested in it by section 4(d) of the Church of England (Missionary Dioceses) Act 1955 and by its Canons:
And whereas at a Diocesan Conference held at Honiara in the British Solomon Islands on 7 January 1973 the Bishops and representatives of the other clergy and laity of the said Missionary Diocese of Melanesia agreed to the setting up of the Province of Melanesia, and a constitution for the Province which provides for the establishment of a Provincial Synod for the management of the affairs of the said Province, such Province to come into being on 26 January 1975 or such other date as may be agreed between the Primate and Archbishop of New Zealand and the Bishop of Melanesia, not being a date earlier than the date of the passing of this Act:
And whereas certain real property and income arising therefrom in New Zealand is held by the Melanesian Mission Trust Board, a Board duly incorporated in New Zealand pursuant to the Charitable Trusts Act 1957, in trust for charitable and religious purposes in the Missionary Diocese of Melanesia on certain trusts set out in a deed of conveyance dated 19 April 1862 made pursuant to the Bishop of New Zealand Trusts Act 1858, which deed makes reference in divers places to the said Trusts being applicable for purposes in the South Seas:
And whereas doubts have from time to time arisen as to the meaning of the words “in the South Seas” as used in the said deed of conveyance and in particular whether such expression includes any area or areas outside the boundaries of the said Missionary Diocese of Melanesia:
And whereas the said Melanesian Mission Trust Board is presently under the control of the General Synod of the Church of the Province of New Zealand and the members of the same are appointed by the said General Synod:
And whereas it is provided in the said constitution of the Province of Melanesia that the Council of Bishops shall appoint a New Zealand Advisory Council consisting of 4 or more New Zealand citizens resident in or within 50 miles of the City of Auckland:
And whereas pursuant to the pending establishment of the said Province of Melanesia it is necessary and desirable that the doubts relating to the words “in the South Seas” be resolved and that the said Melanesian Mission Trust Board should hold the said property and income in New Zealand henceforth for the Province of Melanesia, and that the members of the said Board be appointed by and be under the control and direction of the New Zealand Advisory Council.