Dunedin Anglican Social Services (Child Welfare) Act 1978

Reprint as at 1 April 1980

Dunedin Anglican Social Services (Child Welfare) Act 1978

Private Act1978 No 1
Date of assent5 July 1978
Commencement5 July 1978

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.


  • Preamble

    Whereas there are now diverse and sundry trust funds and properties throughout the Anglican Diocese of Dunedin held by the Dunedin Diocesan Trust Board, a board duly incorporated under the Religious Charitable and Educational Trust Boards Incorporation Act 1884, upon sundry trusts for the welfare of Anglican children in or from the said Diocese: And whereas the application of certain of those trust funds and properties is limited by the instruments creating the respective trusts to Anglican residential institutions and to child care work for the benefit of Anglicans from and within such institutions and to child care work for the benefit of Anglicans resident in the Diocese of Dunedin: And whereas it is now impossible, impracticable, and inexpedient to apply the said trust funds and properties for those purposes and objects because there are no longer any Anglican child care institutions in the Diocese of Dunedin and because such residential institutions are considered out of keeping with modern concepts of child care the emphasis today being on small residential units, placing and maintaining of children in private homes (foster homes) and the welfare of children in the community: And whereas it is desirable that the purposes and objects for which the trust funds and properties are presently held be varied so as to enable the said Dunedin Diocesan Trust Board to apply the funds and properties for the welfare of children within the province of Southland as well as the province of Otago and further to enable the said Board to engage in joint or co-operative enterprises with other denominations and with other charitable organisations as the Board thinks fit, the primary purpose of such enterprises being to provide for the welfare of children in the provinces of Otago and Southland: And whereas it is desirable to confer on the said Dunedin Diocesan Trust Board similar powers in respect of any other trusts funds and properties that may hereafter be vested in or transferred to the Board for any special purposes relating to child welfare: And whereas because of the number of trusts to be affected, the expense likely to be involved, and the uncertainty of the outcome it is not practicable to seek to vary the trusts by way of an application to the High Court under the provisions of the Charitable Trusts Act 1957 and the legislation is accordingly preferred: And whereas the variation and extension of the trusts relating to the trust funds and properties presently held by the said Board and the conferment on the Board of similar powers in respect of trust funds and properties that may hereafter be transferred to or vested in the Board as aforesaid cannot be made otherwise than by legislation: And whereas the Anglican Synod of the Diocese of Dunedin on 25 July 1973 passed a resolution resolving that approval be sought for the application of the said trust funds and properties for the purposes above described and authorised the said Trust Board to seek legislation to authorise the application of the said trust funds and properties for the purposes above described.

    Preamble: amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).