Dilworth Trustees Empowering Act 1983

Reprint as at 1 August 2020

Coat of Arms of New Zealand

Dilworth Trustees Empowering Act 1983

Private Act
 
1983 No 3
Date of assent
 
16 December 1983
Commencement
 
16 December 1983
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

An Act to enable the Dilworth Trust Board to enter into an integration agreement under the Private Schools Conditional Integration Act 1975

Preamble

Whereas the Dilworth Trust Board (hereinafter referred to as the Board) is incorporated as a Board pursuant to the provisions of the Charitable Trusts Act 1957 and is trustee of the Trust as defined in section 2 of the Dilworth Trustees Act 1967 and as varied first by that latter Act, and secondly, by the statutory provisions (as defined in section 2 of that latter Act) and thirdly by order of the High Court dated 20 March 1981 made pursuant to section 7 of that latter Act:

And whereas the Board in terms of the Trust administers the Dilworth Ulster Institute more commonly known as the Dilworth School situated at Great South Road, Auckland:

And whereas the said Board has entered into negotiations with the Minister of Education for the integration pursuant to the Private Schools Conditional Integration Act 1975 of part of the Institute:

And whereas the terms of the Trust provide generally for the provision of education at the Institute for orphans or children from poor families normally resident in the Auckland Provincial District or the Province of Ulster in Northern Ireland:

And whereas in terms of section 29(2) of the Private Schools Conditional Integration Act 1975 no prospective pupil shall be refused enrolment at an integrated school on the ground of the pupil’s socio-economic background and the Board and the Minister of Education are thereby prevented from entering into an integration agreement, notwithstanding anything contained in section 7(3) of the Private Schools Conditional Integration Act 1975:

And whereas this matter can only be dealt with by legislation: And whereas it is desirable that the Minister and the Board be empowered in terms that preserve the basis of selection of pupils as specified in the terms of the Trust to enter into an integration agreement:

And whereas although section 7(3) of the Private Schools Conditional Integration Act 1975 otherwise empowers the Board to enter into an integration agreement, it is desirable and expedient that the Board be so specifically empowered.

 
1 Short Title

This Act may be cited as the Dilworth Trustees Empowering Act 1983.

2 Interpretation

In this Act, unless the context otherwise requires,—

beneficiary of the Trust means a person who qualifies to be selected by the Board as a person who will benefit in terms of the Trust as a pupil and inmate of the Institute

Board means the Dilworth Trust Board deemed incorporated as a Board pursuant to the Charitable Trusts Act 1957

Institute means the Dilworth Ulster Institute; and includes any other school or institution established in the future by the Board in terms of the Trust

integrated school, in relation to an integration agreement, means any part of the Institute that forms an integrated school (as defined in the Private Schools Conditional Integration Act 1975) in terms of the integration agreement

integration agreement means any integration agreement as defined in the Private Schools Conditional Integration Act 1975 entered into between the Minister of Education and the Board

Trust means the Trust as defined by section 2 of the Dilworth Trustees Act 1967 and as varied first by that Act, secondly by the statutory provisions as defined in the said section 2, and thirdly by order of the High Court dated 20 March 1981 made pursuant to section 7 of the said Act.

3 Integration agreements between the Minister of Education and the Board

Notwithstanding anything to the contrary contained in the Private Schools Conditional Integration Act 1975 or the Education and Training Act 2020, the provisions of section 29(2) of the Private Schools Conditional Integration Act 1975 shall apply to any integration agreement entered into between the Minister of Education and the Board and to the establishment and administration of an integrated school in terms of such agreement, except that any prospective pupil may be refused enrolment at an integrated school on the ground that the socio-economic background of the pupil or the parent of the pupil is such that it does not qualify the pupil to be a beneficiary of the Trust.

Section 3: amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

4 Power to enter into integration agreements

Notwithstanding anything contained in the terms of the Trust, the Board shall have power to enter into an integration agreement in respect of such part or parts of the Institute as it thinks fit.

5 Private Act

This Act is hereby declared to be a private Act.

Reprints notes
1 General

This is a reprint of the Dilworth Trustees Empowering Act 1983 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Education and Training Act 2020 (2020 No 38): section 668