New Plymouth High School Board (Evelyn Dowling Trust) Empowering Act 1983

Reprint
as at 17 December 1983

Coat of Arms of New Zealand

New Plymouth High School Board (Evelyn Dowling Trust) Empowering Act 1983

Private Act1983 No 4
Date of assent16 December 1983
Commencement16 December 1983

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 enable the New Plymouth High School Board as trustee of the residuary estate of Evelyn Love Dowling, out of a fund established by her Will,—

  • (a) to continue to benefit pupils and former pupils of the New Plymouth Boys High School, notwithstanding that that School has ceased to be under the jurisdiction of the Board; and

  • (b) to continue to benefit pupils and former pupils of the New Plymouth Girls High School and of Spotswood College, whether or not that School or College continues to be under the jurisdiction of the Board; and

  • (c) to benefit pupils and former pupils of any other secondary school that may hereafter come under the jurisdiction of the Board, whether or not it continues to be under that jurisdiction

  • Preamble

    Whereas Evelyn Love Dowling, late of New Plymouth, (hereinafter referred to as the Deceased) died at New Plymouth on 27 August 1972; and whereas by her Will dated 21 November 1967 (hereinafter referred to as the Will) the Deceased gave and bequeathed her residuary estate to the New Plymouth High School Board (hereinafter referred to as the Board) to stand possessed thereof upon trust for the purposes of a Musical Education Trust Fund established by the Will (hereinafter referred to as the Fund); And whereas by the provisions of the Will the Board is directed to provide out of the income of the Fund financial assistance from time to time, for purposes relating to education and training in orchestral music as set out in the Will, to a suitable pupil or pupils attending any school under the jurisdiction of the Board or any former pupil or pupils of any such school under the age of 21 years or (where special circumstances exist) to any pupil or pupils of any primary or intermediate school situated within the City of New Plymouth; And whereas at the date of the Will and at the date of death of the Deceased the schools under the jurisdiction of the Board were the New Plymouth Girls High School, the New Plymouth Boys High School, and Spotswood College; And whereas on 1 July 1977 the New Plymouth Boys High School ceased to be under the jurisdiction of the Board and pupils and former pupils of that School ceased on that date to be eligible to receive financial assistance from the Fund; And whereas it is desirable to accord with the intention of the Deceased expressed in the Will that the pupils and former pupils of the New Plymouth Boys High School should continue to be eligible to receive financial assistance from the Fund and that, if at any time hereafter the New Plymouth Girls High School or Spotswood College should cease to be under the jurisdiction of the Board, pupils and former pupils of that High School or that College, should continue to be eligible to receive financial assistance from the Fund; and that pupils and past pupils of any other school that hereafter comes under the jurisdiction of the Board should be eligible to receive financial assistance from the Fund notwithstanding that the school may subsequently cease to be under the jurisdiction of the Board; And whereas the powers requisite to enable the Board to provide such financial assistance may be obtained only by legislation.

1 Short Title
  • This Act may be cited as the New Plymouth High School Board (Evelyn Dowling Trust) Empowering Act 1983.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Advisory Committee means the Advisory Committee described in clause 9 of the Will

    Board means the New Plymouth High School Board

    Fund means the accumulated fund held by the Board for the purposes of the Musical Education Trust Fund established by the Will.

3 Beneficiaries of the Fund
  • Notwithstanding the terms of the trust relating to the Fund as set out in the Will, the class of persons eligible for assistance out of the Fund shall comprise the following:

    • (a) pupils attending the New Plymouth Boys High School, the New Plymouth Girls High School, or Spotswood College:

    • (b) pupils attending any other secondary school that hereafter comes under the jurisdiction of the Board, whether or not it subsequently ceases to be under that jurisdiction:

    • (c) former pupils of either of the Schools or of the College specified in paragraph (a), or of any school to which paragraph (b) applies, who are under the age of 21 years:

    • (d) where, in the opinion of the Advisory Committee, special circumstances exist, pupils attending any primary or intermediate school situated within the City of New Plymouth.

4 Confirmation of remaining terms of trust
  • In all other respects the terms of the trust relating to the Fund as set out in the Will are hereby confirmed.

5 Validation
  • All payments out of the Fund made by the Board for the purpose of providing financial assistance to pupils or former pupils of the New Plymouth Boys High School that would have been valid if this Act had been in force when the payments were made are hereby declared to be and always to have been validly made.

6 Costs
  • The costs of promoting this Act, including all disbursements and legal expenses, shall be paid by the New Plymouth Boys High School Board of Governors.

7 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 New Plymouth High School Board (Evelyn Dowling Trust) Empowering Act 1983. The reprint incorporates all the amendments to the Act as at 17 December 1983, 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)