Mary Bryant Trust Board Enabling Act 1975

Reprint
as at 1 June 2002

Coat of Arms of New Zealand

Mary Bryant Trust Board Enabling Act 1975

Private Act1975 No 2
Date of assent26 June 1975
Commencement26 June 1975

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 the Mary Bryant Trust Board to transfer portion of its assets to the Salvation Army Property (New Zealand) Trust Board and the remainder of its assets to the D V Bryant Trust Board

  • Preamble

    Whereas by deed of trust bearing date 19 November 1947 Mary Bouchier Bryant of Hamilton, wife of Daniel Vickery Bryant of Hamilton, farmer, 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 children's home:

    And whereas by memorandum of transfer bearing date 19 November 1947 the said Mary Bouchier Bryant, in pursuance of her desire, transferred unto the said trustees all that piece of land in the Provincial District of Auckland containing 1 618.7 square metres (1 rood 24 perches), more or less, being Lots 1 and 2 on Deposited Plan No 26527 being part of Allotment 328, Town of Hamilton West, and being all the land comprised 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 nursery was transferred to and vested in the name of the Mary Bryant Trust Board for the purposes therein set out:

    And whereas following the passing of the Bryant House Trust Board Enabling Act 1948, and pursuant thereto a farm property therein mentioned, together with live and dead stock thereon and the sum of $30,262.45 was 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 which was established and endowed solely by the said Daniel Vickery Bryant, 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 Mary Bryant Trust Board opened up on the said land at Hamilton a nursery for the care of children who, through sickness or any other cause, found it necessary to be separated from their mothers and the said board has continued to conduct the nursery as from that date:

    And whereas that since the said settlement by the Bryant House Trust Board of the said assets, the annual income therefrom provided to the Mary Bryant Trust Board sufficient funds not only to conduct the said nursery for children but also to provide a reserve capital fund which in the opinion of the Mary Bryant Trust Board at that time was considered to be adequate for the future requirements of the said nursery:

    And whereas by the Mary Bryant Trust Board Enabling Act 1955, the powers of the Mary Bryant Trust Board were enlarged and extended to authorise that board to dispose of its surplus income to certain charitable organisations:

    And whereas by resolution dated 7 February 1968 the Mary Bryant Trust Board changed the name of that board to the Bryant Nursery Trust Board:

    And whereas because the provisions of the said deed of trust contained only limited and restrictive provisions for the appointment of new trustees, and because the number of the trustees were limited at all times and because there was no provision for amendment to its provisions, the operations of the board were unnecessarily restricted and difficult to administer:

    And whereas following the passing of the Bryant Nursery Trust Board Enabling Act 1968, the Bryant Nursery Trust Board was authorised to transfer its assets to a new trust known as the Mary Bryant Trust Board to be held by that board upon the terms and conditions set out in a certain deed of trust dated 3 April 1968:

    And whereas the Mary Bryant Trust Board was incorporated under the provisions of the Charitable Trusts Act 1957 on 3 May 1968 and all the assets of the Bryant Nursery Trust Board were transferred to that board pursuant to the Bryant Nursery Trust Board Enabling Act 1968:

    And whereas because of the high ratio of staff to children, the changes of the conditions of employment of Karitane nurses and nursing aids, the difficulty encountered in procuring the necessary staff, the necessity for extensive alterations to buildings, and for other reasons, the board resolved to offer its nursery by way of gift to the Salvation Army Property (New Zealand) Trust Board, together with an annual grant of cash required to run the nursery for 5 years and to transfer the balance of all assets owned by it to the D V Bryant Trust Board whose objects are identical with those of the Mary Bryant Trust Board and which board is responsible for the original endowment of the Mary Bryant Trust Board:

    And whereas the Mary Bryant Trust Board has no power to dispose of its assets in the aforesaid manner and desires that statutory authority should be given to empower the Mary Bryant Trust Board to transfer the same.

1 Short Title
  • This Act may be cited as the Mary Bryant Trust Board Enabling Act 1975.

2 Power to transfer assets
  • The Mary Bryant Trust Board is hereby authorised and empowered to give and transfer to the Salvation Army Property (New Zealand) Trust Board all that piece of land containing 1 618.7 square metres (1 rood 24 perches), more or less, being Lots 1 and 2 on Deposited Plan No 26527, being part of Allotment 328, Town of Hamilton West, and being all the land comprised in certificate of title Volume 680, folio 26, South Auckland Land Registry, together with the buildings thereon and the contents thereof, and together with sufficient funds with which to run the nursery for a period of 5 years, and to transfer the remaining assets owned by the Mary Bryant Trust Board both real and personal of whatsoever kind and nature and wheresoever situate to the D V Bryant Trust Board.

3 Transferred assets to be held on trusts
  • The Salvation Army Property (New Zealand) Trust Board and the D V Bryant Trust Board shall as from the date of transfer to them of the said assets, stand possessed of the assets transferred to them upon the trusts for which those respective bodies are established.

4 Registration of transfer
  • The Registrar for the South Auckland Land Registration District is hereby authorised and directed to register or otherwise give effect to any transfer of land to the Salvation Army Property (New Zealand) Trust Board or the D V Bryant Trust Board in accordance with the provisions of this Act.

    Section 4: amended, on 1 June 2002, pursuant to section 38(2) of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11).

5 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 Mary Bryant Trust Board Enabling Act 1975. The reprint incorporates all the amendments to the Act as at 1 June 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)
  • Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11): section 38(2)